Bill Text: NY A09635 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to expenses borne by counties outside of the city of New York for the issuance and maintenance of record books utilized by authorized gunsmiths in the sale and disposition of firearms in the state.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-03-28 - referred to codes [A09635 Detail]

Download: New_York-2021-A09635-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9635

                   IN ASSEMBLY

                                     March 28, 2022
                                       ___________

        Introduced  by M. of A. WALCZYK -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal law, in relation to expenses borne by counties
          outside of the city of New York for the issuance  and  maintenance  of
          record books utilized by authorized gunsmiths in the sale and disposi-
          tion of firearms in the state

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and declaration. As part of New York's
     2  firearms licensing  law,  section  400.00  of  the  penal  law  requires
     3  gunsmiths  and  licensed  firearms  dealers  to maintain a record of all
     4  transactions involving firearms. These  requirements  are  contained  in
     5  subdivision  12  of  section  400.00 of the penal law. In order to buy a
     6  firearm the purchaser must produce a license authorizing  possession  of
     7  the  weapon or show authorization to carry the weapon by virtue of their
     8  peace officer or police officer status. Within ten days of sale, section
     9  400.00 of the penal law requires  the  seller  to  send  a  "transaction
    10  report"  to  the  Division of State Police. An original of the report is
    11  retained in a record book to be kept on premises while  the  statute  is
    12  silent as to who is responsible for distributing the record books to the
    13  firearms  dealers, subdivision 13 of section 400.00 of the penal law has
    14  been interpreted since 1987 as requiring County governments  outside  of
    15  the  City  of  New  York,  and  the City of New York within the City, as
    16  financially responsible for the expenses related to and  the  management
    17  of  the  issuance  of,  the record books referenced in subdivision 12 of
    18  section 400.00 of the penal law. Since the emergence of  on-line  retail
    19  sales  of  firearms,  the demand for, and cost of, firearms record books
    20  has grown as an unfunded mandate on counties related solely to an activ-
    21  ity associated with the State Police of New York. As such,  this  amend-
    22  ment  seeks  to  modify  the  law to require the expense associated with
    23  these record books be borne by the State of New York  as  incidental  to
    24  the functions required to be performed by the New York State Police.
    25    §  2.  Subdivision 13 of section 400.00 of the penal law is amended to
    26  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14921-01-2
        A. 9635                             2

     1    13. Expenses. The expense of providing a licensing officer with  blank
     2  applications,  licenses and record books for carrying out the provisions
     3  of this section shall be a charge against the [county, and in  the  city
     4  of New York against the city] state by and through the division of state
     5  police.
     6    § 3. This act shall take effect immediately.