•  Summary 
  •  
  •  Actions 
  •  
  •  Votes 
  •  
  •  Memo 
  •  
  •  Text 

AB5951 Text:

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

                                         5951

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 11, 2013
                                      ___________

       Introduced by M. of A. CORWIN -- read once and referred to the Committee
         on Codes

       AN  ACT  to amend the penal law, in relation to authorizing the transfer
         of certain weapons from an  estate  to  an  immediate  member  of  the
         decedent's family

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

    1    Section 1. Paragraph (g) of subdivision 22 of section  265.00  of  the
    2  penal  law  is  amended  by  adding  a new subparagraph (vii) to read as
    3  follows:
    4    (VII) ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT  TO
    5  SUBDIVISION  SIXTEEN-A  OF  SECTION 400.00 OF THIS CHAPTER PRIOR TO SUCH
    6  PERSON'S DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN  IMMEDI-
    7  ATE  FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO THE
    8  PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION. FOR  PURPOSES  OF  THIS
    9  SUBPARAGRAPH, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE;
   10    S  2.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
   11  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
   12  follows:
   13    (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
   14  and  any  large  capacity  ammunition  feeding  device  that was legally
   15  possessed by an individual prior to the enactment of the chapter of  the
   16  laws  of  two  thousand thirteen which added this paragraph, may only be
   17  sold to, exchanged with or disposed of  to  a  purchaser  authorized  to
   18  possess  such weapons or to an individual or entity outside of the state
   19  provided that any such transfer to an individual or  entity  outside  of
   20  the  state  must  be reported to the entity wherein the weapon is regis-
   21  tered within seventy-two hours  of  such  transfer.  An  individual  who
   22  transfers  any  such  weapon  or  large capacity ammunition device to an
   23  individual  inside  New  York  state  or  without  complying  with   the
   24  provisions  of  this  paragraph shall be guilty of a class A misdemeanor

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08192-01-3
       A. 5951                             2

    1  unless such large capacity ammunition feeding device, the possession  of
    2  which  is  made illegal by the chapter of the laws of two thousand thir-
    3  teen which added this paragraph, is transferred within one year  of  the
    4  effective date of the chapter of the laws of two thousand thirteen which
    5  added this paragraph.
    6    (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
    7  GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F)  OF  THIS  SUBDIVISION
    8  THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
    9  TO  HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH INDIVIDUAL
   10  TO ONE OF HIS OR HER IMMEDIATE FAMILY  MEMBERS.  FOR  PURPOSES  OF  THIS
   11  SUBPARAGRAPH, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE.
   12    S  3.  This  act  shall  take  effect on the same date and in the same
   13  manner as subdivision d of section 58 of chapter 1 of the laws of  2013,
   14  takes effect.
Go to top
Page display time = 0.092 sec