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.