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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5139
SPONSOR: Gray TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Amends Penal Law § 400(13) to modify the requirement that Counties
located outside the City of New York no longer bear the expense associ-
ated with record books as referenced in Penal Law § 400(12).
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: provides legislative findings and declarations.
Section 2: amends Section 400, subsection 13 of the penal law to reflect
that the expenses related to the issuance of "record books" as identi-
fied in Penal Law 400.00 subsection 13 outside of the City of New York
shall no longer be a cost borne by the counties.
Section 3: provides an immediate effective date.
JUSTIFICATION:
As part of New York's firearms licensing law, Penal Law § 400.00
requires gunsmiths and licensed firearms dealers to maintain a record of
all transactions involving firearms. These requirements are contained in
subsection 12 of section 400.00. In order to buy a firearm the purchaser
must produce a license authorizing possession of the weapon or show
authorization to carry the weapon by virtue of their peace officer or
police officer status. Within ten days of sale, section 400.00 requires
the seller to send a "transaction report" to the Division of State
Police. An original of the report is retained in a record book to be
kept on premises While the statute is silent as to who is responsible
for distributing the record books to the firearms dealers, Penal Law §
400.00(13) has been interpreted since 1987 as requiring County govern-
ments outside of the City of New York, and the City of New York within
the City, as financially responsible for the expenses related to and the
management of the issuance of, the record books referenced in Penal Law
§ 400.00(12). Since the emergence of on-line retail sales of firearms,
the demand for, and cost of, firearms record books has grown as an
unfunded mandate on counties related solely to an activity associated
with the State Police of New York. As such, this amendment seeks to
modify the law to require the expense associated with these record books
be borne by the State of New York as incidental to the functions
required to be performed by the New York State Police.
PRIOR LEGISLATIVE HISTORY:
A9635 of 2021-2022; referred to Codes
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
5139
2023-2024 Regular Sessions
IN ASSEMBLY
March 2, 2023
___________
Introduced by M. of A. GRAY -- read once and referred to the Committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07265-01-3
A. 5139 2
1 these record books be borne by the State of New York as incidental to
2 the functions required to be performed by the New York State Police.
3 § 2. Subdivision 13 of section 400.00 of the penal law is amended to
4 read as follows:
5 13. Expenses. The expense of providing a licensing officer with blank
6 applications, licenses and record books for carrying out the provisions
7 of this section shall be a charge against the [county, and in the city
8 of New York against the city] state by and through the division of state
9 police.
10 § 3. This act shall take effect immediately.
