Relates to the purchase or taking possession of a semiautomatic rifle; requires a license to purchase or take possession of a semiautomatic rifle; establishes the crimes of criminal purchase of a semiautomatic rifle and criminal sale of a semiautomatic rifle; requires recertification of licenses to purchase or take possession of a semiautomatic rifle every five years.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10503
SPONSOR: Rules (Jackson) TITLE OF BILL:
An act to amend the penal law, in relation to the purchase or taking
possession of a semiautomatic rifle
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require that a person be at least twenty-one years of
age and obtain a license to purchase or take possession of a semiauto-
matic rifle prior to taking possession of such weapon.
SUMMARY OF PROVISIONS:
Section 1 amends subdivisions 2, 3, 6, 7, 8, 9 and 14 of section 400.00
of the penal law to require that a person be at least twenty-one years
of age and obtain a license to purchase or take possession of a semiau-
tomatic rifle prior to taking possession of such weapon.
Section 2 amends subdivisions 1 and 3 of section 400.01 of the penal law
to require retired members of the division of state police to obtain a
license to purchase or take possession of a semiautomatic rifle prior to
taking possession of such weapon.
Section 3 amends subdivision 9 of section 265.00 of the penal law to
include semiautomatic rifles in the definition of "dealer in firearms."
Section 4 amends subdivision 7 of section 265.10 of the penal law to
require persons other than wholesale dealers, gunsmiths and dealers in
firearms to notify in writing the licensing officer in the city of New
York and counties of Nassau and Suffolk and elsewhere in the state the
division of state police prior to disposing of a semiautomatic rifle.
Section 5 amends the penal law to add a new section 265.65 to create the
crime of "criminal purchase of a semiautomatic weapon."
Section 6 amends the penal law to add a new section 265.66 to create the
crime of "criminal sale of a semiautomatic weapon."
Section 7 amends subdivision 10 of section 400.00 of the penal law to
add a new paragraph (c) to require that a license to purchase or take
possession of a semiautomatic rifle be recertified to the applicable
licensing officer every five years following the issuance of such
license.
JUSTIFICATION:
In order to possess a handgun in New York, a person must first qualify
for and obtain a license prior to purchasing such weapon. The process
includes submitting an application, along with fingerprints, to a
licensing officer and undergoing a comprehensive background check. If
issued, a handgun licensee must recertify his/her license every five
years. He/She will be required to confirm certain information including
current address, birth date and a list of all pistols and revolvers
currently in his/her possession. This includes the make, model, caliber
and serial numbers of each pistol/revolver.
Strong firearm licensing laws reduce gun violence and death by keeping
guns out of the hands of traffickers who would divert them to illegal
markets. They also prevent people who are legally prohibited from
possessing guns, with a history of violence or who are at risk of harm-
ing themselves or others from possessing guns.
Recent mass shootings, including one that occurred at a Tops Supermarket
in Buffalo, New York, clearly demonstrate the great need and responsi-
bility to do more to prevent gun violence and death in our state. This
bill would require that a person be at least twenty-one years of age and
obtain a license to purchase or take possession of a semiautomatic rifle
prior to taking possession of these guns. Given their incredible poten-
tial for harm, nothing less should be required to obtain these deadly
weapons than is required for handguns.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall 4 have
become a law and shall apply only to purchases or transfers of 5 owner-
ship made on or after such effective date.
