STATE OF NEW YORK
________________________________________________________________________
2148
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
___________
Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the imposition of civil
penalties for the improper disposition of a firearm
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 80.20 to
2 read as follows:
3 § 80.20 Civil fines for the improper disposition of a firearm.
4 1. Notwithstanding any other provision of this chapter and in addition
5 to any other fine, penalty or term of imprisonment authorized to be
6 imposed pursuant to this chapter, any person who: (a) sells, transfers
7 or disposes of a firearm for which he or she is the owner without legal-
8 ly transferring the title of such firearm to the new owner; or (b) fails
9 to report a firearm for which he or she is the owner as lost or stolen;
10 shall be subject to a civil penalty as follows:
11 (i) for failure to legally transfer a firearm or report a firearm as
12 lost or stolen, such owner shall be subject to a civil penalty in an
13 amount not to exceed two thousand dollars;
14 (ii) for failure to legally transfer a firearm or report a firearm as
15 lost or stolen and such firearm is used in the commission of a misdemea-
16 nor, such owner shall be subject to a civil penalty in an amount not to
17 exceed four thousand dollars;
18 (iii) for failure to legally transfer a firearm or report a firearm as
19 lost or stolen and such firearm is used in the commission of a felony,
20 such owner shall be subject to a civil penalty in an amount not to
21 exceed six thousand dollars.
22 2. The provisions of this section shall not apply to peace officers or
23 federal law enforcement officers as such terms are defined in article
24 two of the criminal procedure law.
25 § 2. This act shall take effect on the first of November next succeed-
26 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06377-01-9
