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A02080 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2080

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 15, 2015
                                      ___________

       Introduced  by M. of A. ZEBROWSKI, SCARBOROUGH, OTIS, CROUCH, GOODELL --
         Multi-Sponsored by -- M. of A. ARROYO, BRENNAN, DUPREY, MOSLEY -- read
         once and referred to the Committee on Codes

       AN ACT to amend the penal law, in relation to allowing for the temporary
         transfer of a pistol between permit holders

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. The penal law is amended by adding a new section 400.04 to
    2  read as follows:
    3  S 400.04 TEMPORARY TRANSFER OF PISTOL BETWEEN PERMIT HOLDERS.
    4    1. A PERMIT HOLDER, KNOWN IN  THIS  SECTION  AS  THE  TRANSFEROR,  MAY
    5  TEMPORARILY  TRANSFER  POSSESSION  OF  PISTOLS TO ANOTHER PERMIT HOLDER,
    6  KNOWN IN THIS SECTION AS THE TRANSFEREE, LICENSED IN THE SAME COUNTY FOR
    7  A PERIOD NO LONGER THAN THIRTY DAYS. PRIOR TO  A  TRANSFER,  THE  PERMIT
    8  HOLDER  MUST  FILE AN APPLICATION WITH THE COUNTY CLERK IN THE COUNTY OF
    9  ISSUANCE. THE COUNTY CLERK MAY COLLECT UP TO TEN DOLLARS FOR EACH APPLI-
   10  CATION, REGARDLESS OF THE NUMBER OF PISTOLS TRANSFERRED.
   11    2. THE DIVISION OF  STATE  POLICE  SHALL  DEVELOP  AN  APPLICATION  TO
   12  COMPLETE  SUCH TRANSFER. THE APPLICATION MUST BE NOTARIZED BY A LICENSED
   13  NOTARY AND CONTAIN THE FOLLOWING INFORMATION:
   14    (A) NAME, LICENSE  NUMBER,  ADDRESS  AND  PHONE  NUMBER  OF  BOTH  THE
   15  TRANSFEROR AND TRANSFEREE;
   16    (B) LIST OF PISTOLS AND THEIR SERIAL NUMBERS WHICH ARE BEING TEMPORAR-
   17  ILY TRANSFERRED FROM ONE PERMIT HOLDER TO THE OTHER PERMIT HOLDER;
   18    (C) INDICATE THE REASON FOR TRANSFER;
   19    (D) DATE OF PISTOL TRANSFER;
   20    (E)  LENGTH  OF  TEMPORARY  TRANSFER  AND  EXPECTED DAY OF RETURN FROM
   21  TRANSFEREE TO TRANSFEROR.
   22    3. THE APPLICATION SHALL INCLUDE A TRANSFER AGREEMENT  STATEMENT  THAT
   23  MUST  BE  SIGNED  BY  BOTH THE TRANSFEROR AND TRANSFEREE AND INCLUDE THE
   24  FOLLOWING CONDITIONS:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02972-01-5
       A. 2080                             2

    1    (A) ALL TRANSFERRED PISTOLS SHALL AT ALL TIMES BE:
    2    (I) KEPT ON THE PREMISE OF THE TRANSFEREE DURING THE TRANSFER PERIOD;
    3    (II)  STORED IN A SAFE STORAGE DEPOSITORY AS DEFINED IN SECTION 265.45
    4  OF THIS CHAPTER;
    5    (III) UNLOADED AND SHALL NOT BE DISCHARGED.
    6    (B) THE TRANSFEROR MUST COLLECT ALL TRANSFERRED PISTOLS BY THE DATE OF
    7  RETURN WHICH MAY NOT EXCEED THIRTY DAYS FROM THE DATE OF TRANSFER.
    8    4. THE TRANSFEROR MUST FILE A STATEMENT  OF  RELINQUISHMENT  WITH  THE
    9  COUNTY CLERK NO MORE THAN FORTY-FIVE DAYS AFTER THE DATE OF TRANSFER.
   10    5.  THE COUNTY CLERK SHALL REPORT ANY DELINQUENT TRANSFERS, WHICH HAVE
   11  NOT FILED A STATEMENT OF RELINQUISHMENT WITHIN FORTY-FIVE DAYS,  TO  THE
   12  SHERIFF  OF  SUCH  COUNTY. THE SHERIFF SHALL HAVE THE AUTHORITY TO SEIZE
   13  THE UNRETURNED PISTOLS.
   14    6. THE SHERIFF SHALL RETAIN THE PISTOLS PURSUANT TO SUBDIVISION SIX OF
   15  SECTION 400.05 OF THIS ARTICLE AND MAY  COLLECT  A  FEE  OF  UP  TO  TEN
   16  DOLLARS FOR EACH PISTOL UPON RETURN TO THE OWNER.
   17    S 2. This act shall take effect on the first of November next succeed-
   18  ing the date on which it shall have become a law.
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