Provides a prohibition on the exchange of firearms, rifles or shotguns by second-hand dealers; exempts antique firearms, rifles or shotguns as defined in federal law.
STATE OF NEW YORK
________________________________________________________________________
2825
2013-2014 Regular Sessions
IN SENATE
January 24, 2013
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to the exchange of
firearms, rifles and shotguns by second-hand dealers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 392-j to read as follows:
3 § 392-j. Second-hand dealers; prohibition on exchange of firearms,
4 rifles or shotguns. 1. For purposes of this section, the following terms
5 shall have the following meanings:
6 (a) "Second-hand dealers" shall mean any person, firm, partnership,
7 corporation or association who, either wholly or in part, engages in or
8 operates the trade or business of buying, selling, trading, bartering or
9 exchanging second-hand personal items.
10 (b) "Firearm" has the same meaning as that term is defined in 18
11 U.S.C. 921(a)(3), but shall not include an "antique firearm" as that
12 term is defined in 18 U.S.C. 921(a)(16).
13 (c) "Rifle" has the same meaning as that term is defined in 18 U.S.C.
14 921(a)(7).
15 (d) "Shotgun" has the same meaning as that term is defined in 18
16 U.S.C. 921(a)(5).
17 2. Second-hand dealers are prohibited from buying, selling, trading,
18 bartering or exchanging firearms, rifles or shotguns.
19 3. Violation of this section shall be punishable by a civil penalty of
20 not more than one hundred dollars for the first offense, not more than
21 two hundred fifty dollars for the second offense and not more than five
22 hundred dollars for any subsequent offense.
23 4. Nothing in this section shall apply to firearm dealers licensed
24 under federal law.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06066-01-3
