Bill Text: NY A04051 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes a person to pass his or her guns to an immediate family member through his or her estate.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A04051 Detail]

Download: New_York-2021-A04051-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4051

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced  by  M.  of  A.  BLANKENBUSH -- 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    § 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 one
    16  of the laws of two thousand thirteen [which added this  paragraph],  may
    17  only be sold to, exchanged with or disposed of to a purchaser authorized
    18  to  possess  such  weapons  or to an individual or entity outside of the
    19  state provided that any such transfer to an individual or entity outside
    20  of 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.
                                                                   LBD08417-01-1
        A. 4051                             2

     1  unless such large capacity ammunition feeding device, the possession  of
     2  which  is  made illegal by [the] chapter one of the laws of two thousand
     3  thirteen which added this paragraph, is transferred within one  year  of
     4  the  effective  date  of  [the]  chapter one of the laws of two thousand
     5  thirteen [which 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    § 3. This act shall take effect immediately.