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A00450 Summary:

COSPNSRGottfried, Dinowitz, Fernandez, McDonough, Pichardo, Sayegh, D'Urso, Jaffee, Colton, Williams, Taylor, Hyndman, Griffin, Davila
Add §265.50, amd §400.00, Pen L
Prohibits weapon promotion and sale on public property.
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A00450 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2019
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Codes
        AN  ACT to amend the penal law, in relation to prohibiting the promotion
          or sale of a weapon on public property
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The penal law is amended by adding a new section 265.50 to
     2  read as follows:
     3  § 265.50 Illegal promotion or sale of a weapon on public property.
     4    A person is guilty of illegal promotion or sale of a weapon on  public
     5  property  when he or she promotes, sells, transfers, exchanges, gives or
     6  disposes of any weapon situated upon property owned by the state or  any
     7  political subdivision thereof.
     8    Illegal  promotion or sale of a weapon on public property is a class A
     9  misdemeanor.
    10    § 2. Subdivision 8 of section 400.00 of the penal law, as  amended  by
    11  chapter 189 of the laws of 2000, is amended to read as follows:
    12    8.  License:  exhibition  and display. Every licensee while carrying a
    13  pistol or revolver shall have on his or her person a  license  to  carry
    14  the  same.  Every  person  licensed  to  possess a pistol or revolver on
    15  particular premises shall have the license for the same  on  such  prem-
    16  ises.  Upon demand, the license shall be exhibited for inspection to any
    17  peace officer, who is acting pursuant to his or her special  duties,  or
    18  police  officer.  A  license  as gunsmith or dealer in firearms shall be
    19  prominently displayed on the licensed premises. A gunsmith or dealer  of
    20  firearms  may  conduct business temporarily at a location other than the
    21  location specified on the license if  such  temporary  location  is  the
    22  location  for  a  gun show or event sponsored by any national, state, or
    23  local organization, or any affiliate of any such organization devoted to
    24  the collection, competitive use  or  other  sporting  use  of  firearms,

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

        A. 450                              2
     1  provided that such show or event is not located on property owned by the
     2  state  or  any  political subdivision thereof. Any sale or transfer at a
     3  gun show must also comply with the provisions of article  thirty-nine-DD
     4  of  the  general  business  law.  Records  of receipt and disposition of
     5  firearms transactions conducted at such temporary location shall include
     6  the location of the sale or other disposition and shall  be  entered  in
     7  the permanent records of the gunsmith or dealer of firearms and retained
     8  on  the location specified on the license. Nothing in this section shall
     9  authorize any licensee to conduct business from any motorized  or  towed
    10  vehicle. A separate fee shall not be required of a licensee with respect
    11  to  business  conducted under this subdivision.  Any inspection or exam-
    12  ination of inventory or records under this  section  at  such  temporary
    13  location shall be limited to inventory consisting of, or records related
    14  to,  firearms  held  or disposed at such temporary locations. Failure of
    15  any licensee to so exhibit or display his or her license,  as  the  case
    16  may  be,  shall  be  presumptive  evidence  that  he  or she is not duly
    17  licensed.
    18    § 3. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.
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