A06140 Summary:

BILL NOA06140
 
SAME ASSAME AS S00879-C
 
SPONSORButler
 
COSPNSRKolb, Barclay, Byrne, Crouch, Errigo, Friend, Giglio, Graf, Hawley, Lalor, McLaughlin, Miller B, Morinello, Murray, Norris, Oaks, Palmesano, Goodell, Stec, Montesano, DiPietro, Curran, Blankenbush, Walter, Kearns, Lawrence
 
MLTSPNSRMcDonough, Walsh
 
Amd 330.20, 380.96 & 530.14, CP L; amd 842-a, 846-a, 446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd 240 & 252, Dom Rel L; amd Art 39-DDD Art Head, 898, Gen Bus L; amd 212, Judy L; amd 7.09 & 9.46, Ment Hyg L; amd 265.00, 265.01-b, 265.20, 265.36, 265.37, 265.45, 400.00, 400.03 & 400.10, rpld 400.02, Pen L; amd 2509, SCPA
 
Limits the application of the "safe act" to the counties of Kings, Queens, Richmond, New York and Bronx.
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A06140 Actions:

BILL NOA06140
 
02/23/2017referred to codes
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A06140 Committee Votes:

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A06140 Floor Votes:

There are no votes for this bill in this legislative session.
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A06140 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6140
 
SPONSOR: Butler (MS)
  TITLE OF BILL: An act to amend the criminal procedure law, the family court act, the domestic relations law, the general business law, the judiciary law, the mental hygiene law, the penal law and the surrogate's court procedure act, in relation to limiting the application of certain provisions of law relating to firearms to the counties of Kings, Queens, Richmond, New York and Bronx; and to repeal section 400.02 of the penal law relating to the statewide license and record database   PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to reestablish the rights of law abiding citizens' in rural and suburban areas of the state by limiting the application of the SAFE Act to Kings, Queens, Richmond, New York, and the Bronx   SUMMARY OF PROVISIONS: Sections 1: Amends subdivision 2-a of Section 330.20 of Criminal Proce- dure Law relating to firearm, rifle and shotgun surrender orders to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 2: Amends Section 380.96 of Criminal Procedure Law relating to a sentencing court's obligation to seize firearms, shotguns and rifles and demand surrender of pistol permit license to apply only within the coun- ties of Kings, Queens, Richmond, New York, and the Bronx. Sections 3, 4, 5, 6, 7, 8, 9 and 10 Amend the Family Court Act relating to mandatory and permissive suspension of firearm licenses to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 11: amends Domestic Relations Law regarding firearm suspension, revocation and surrender to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Sections 12, 13, 14: Amend Criminal Procedure Law relating to suspension and ineligibility of firearm licenses and firearm surrender to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Sections 15 and 16: Amends Article 39-DDD of General Business Law which extends the requirement for a federal NICS background check to private sales of firearms, rifles and shotguns to apply only within the counties of, Kings, Queens, Richmond, New York, and the Bronx. Section 17: Amends Judiciary Law relating to transmission of records to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 18: Amends Mental Hygiene Law relating to certain record collection and transmission to DCJS to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 19: amends Section 9.46 of Mental Hygiene Law relating to reporting requirements by mental health professionals of persons under their care to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 20: Amends subdivision 22 of Section 265.00 of Penal Law to replace the definition of assault weapon in all counties (except Kings, Queens, Richmond, New York, and the Bronx ) with the assault weapon definition in effect prior to enactment of the SAFE Act. Section 21: Amends subdivision 23 of Section 23 of Penal Law relating to the definition of large capacity ammunition feeding device to exclude ammunition feeding devices manufactured prior to September 30, 1994 from its definition. Section 22: Amends Section 265.00 of Penal Law relating to the defi- nition of "seller of ammunition" to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Sections 23 and 24: Amends Sections 265.01-b and 265.20 of Penal Law relating to the penalty for failing to register an assault weapon to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 25: Amends Section 265.36 of Penal Law relating to criminalizing the knowing possession of a large capacity ammunition feeding device manufactured prior to September 13, 1994, to apply only within the coun- ties of Kings, Queens, Richmond, New York, and the Bronx. Section 26: Amends Section 265.37 of Penal Law relating to knowingly possessing certain ammunition feeding devices to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 27: Amends Section 265.45 of Penal Law relating to the storage a weapons in a household and making these weapons inaccessible to certain family members to apply only within the counties of Kings, Queens, Rich- mond, New York, and the Bronx. Section 28: Amends Section 400.00 of Penal Law relating to specified pistol permit eligibility provisions to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 29: Amends Section 400.00 of Penal Law ) removes pistol permit recertification requirement for all counties except Kings, Queens, Rich- mond, New York, Bronx, Nassau, Suffolk and Westchester. These counties will continue to be subject to the pistol permit renewal/recertification requirements that were in place prior to SAFE Act enactment. Section 30: Amends Section 400.00 of Penal Law relating to assault weap- on registration requirements and penalty for failure to register to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 31: Repeals Section 400.02 of the Penal Law - the Statewide License and Record Database. Section 32: Amends section 400.03 of Penal Law relating to ammunition purchases which requires background checks, record keeping requirements and all sales to be made in person, to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 33: Amends Section 400.10 of Penal Law relating to gun dealer theft/loss reporting requirements to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Makes the failure to report such theft/loss punishable by a civil fine not to exceed $100 instead of a class A misdemeanor. Section 34: Amends Section 2509 of the Surrogate's Court Procedure Act relating to filing requirements of all firearms, rifles or shotguns that are part of an estate to apply only within counties of Kings, Queens, Richmond, New York, and the Bronx. Section 35: Effective Date.   JUSTIFICATION: As the implementation of the NY SAFE Act has progressed, it has become clear that the law infringes on the rights of lawful gun owners. From a memorandum of understanding acknowledging the pistol permit database cannot be established, to a court case that struck down the seven-round load limit, the evidence is all around us that the law needs to be repealed. As the recent minimum wage agreement pointed out, the diversity of New York State demands that laws are tailored to accommodate each region. There are some areas of the State, especially in our upstate rural Areas and suburban, where it is not practical to keep firearms out of the hands of homeowners who would have to wait extended periods for law enforcement to arrive at their home for protection. In an attempt to remedy this situation, this bill repeals provisions of the SAFE Act that would limit access to firearms in areas outside of New York City. While the ultimate goal should be a full repeal of the SAFE Act, this legislation recognizes that the SAFE Act is specifically harm- ful to the rural and suburban areas of our State.   PRIOR LEGISLATIVE HISTORY: A.10354/S.7897- referred to Codes 2016   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Positive to the State   EFFECTIVE DATE: This act shall take effect immediately.
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