Bill Text: NY A00355 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 355 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2011-01-05 - referred to economic development [A00355 Detail]

Download: New_York-2009-A00355-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          355
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M. of A. HOYT, J. RIVERA, PEOPLES-STOKES, MARKEY, LAVINE
         -- Multi-Sponsored by -- M.  of  A.  BOYLAND,  BRENNAN,  BROOK-KRASNY,
         COOK,  GLICK,  GOTTFRIED, V. LOPEZ, PHEFFER, ROSENTHAL, TOWNS, WEISEN-
         BERG -- read once and referred to the Committee on  Economic  Develop-
         ment, Job Creation, Commerce and Industry
       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    S 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01093-01-1
       A. 355                              2
    1  TWO  HUNDRED FIFTY DOLLARS FOR THE SECOND OFFENSE AND NOT MORE THAN FIVE
    2  HUNDRED DOLLARS FOR ANY SUBSEQUENT OFFENSE.
    3    4.  NOTHING  IN  THIS  SECTION SHALL APPLY TO FIREARM DEALERS LICENSED
    4  UNDER FEDERAL LAW.
    5    S 2. This act shall take effect immediately.