A05377 Summary:

BILL NOA05377
 
SAME ASNo Same As
 
SPONSORShimsky
 
COSPNSRDinowitz, Sayegh, Gonzalez-Rojas
 
MLTSPNSR
 
Add §265.36, amd §400.00, Pen L
 
Prohibits the promotion, sale, transfer, exchange, giving or disposing of a weapon on property owned by the state or any political subdivision thereof.
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A05377 Actions:

BILL NOA05377
 
03/09/2023referred to codes
01/03/2024referred to codes
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A05377 Committee Votes:

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A05377 Floor Votes:

There are no votes for this bill in this legislative session.
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A05377 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5377
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 9, 2023
                                       ___________
 
        Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the penal law, in relation to prohibiting the  promotion
          or sale of a weapon on public property
 
          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 265.36  to
     2  read as follows:
     3  § 265.36 Unlawful promotion or sale of a weapon on public property.
     4    A person is guilty of unlawful promotion or sale of a weapon on public
     5  property  when he or she promotes, sells, transfers, exchanges, gives or
     6  disposes of any weapon situated upon property owned by the state or  any
     7  political subdivision thereof.
     8    Unlawful promotion or sale of a weapon on public property is a class A
     9  misdemeanor.
    10    §  2.  Subdivision 8 of section 400.00 of the penal law, as amended by
    11  chapter 212 of the laws of 2022, is amended to read as follows:
    12    8. License: exhibition and display. Every licensee  while  carrying  a
    13  pistol  or  revolver  shall have on his or her person a license to carry
    14  the same. Every person licensed to  possess  a  pistol  or  revolver  on
    15  particular  premises  shall  have the license for the same on such prem-
    16  ises. Every person licensed to purchase or take possession of a  semiau-
    17  tomatic  rifle  shall have the license for the same on his or her person
    18  while purchasing or taking possession of such weapon. Upon  demand,  the
    19  license  shall  be exhibited for inspection to any peace officer, who is
    20  acting pursuant to his or her  special  duties,  or  police  officer.  A
    21  license as gunsmith or dealer in firearms shall be prominently displayed
    22  on  the  licensed premises. A gunsmith or dealer of firearms may conduct
    23  business temporarily at a location other than the location specified  on
    24  the license if such temporary location is the location for a gun show or
    25  event  sponsored  by  any national, state, or local organization, or any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09653-01-3

        A. 5377                             2
 
     1  affiliate of any such organization devoted to  the  collection,  compet-
     2  itive use or other sporting use of firearms , provided that such show or
     3  event  is not located on property owned by the state  or  any  political
     4  subdivision  thereof.    Any  sale  or  transfer at a gun show must also
     5  comply with the provisions of  article  thirty-nine-DD  of  the  general
     6  business  law.  Records  of  receipt  and disposition of firearms trans-
     7  actions conducted at such temporary location shall include the  location
     8  of  the  sale or other disposition and shall be entered in the permanent
     9  records of the gunsmith or  dealer  of  firearms  and  retained  on  the
    10  location specified on the license. Nothing in this section shall author-
    11  ize  any  licensee to conduct business from any motorized or towed vehi-
    12  cle. A separate fee shall not be required of a licensee with respect  to
    13  business  conducted  under this subdivision.  Any inspection or examina-
    14  tion of inventory or  records  under  this  section  at  such  temporary
    15  location shall be limited to inventory consisting of, or records related
    16  to,  firearms  held  or disposed at such temporary locations. Failure of
    17  any licensee to so exhibit or display his or her license,  as  the  case
    18  may  be,  shall  be  presumptive  evidence  that  he  or she is not duly
    19  licensed.
    20    § 3. This act shall take effect on the ninetieth day  after  it  shall
    21  have become a law.
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