New York S 478: Relates to firearms; repealer

Bill Text

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S00478 Summary:

BILL NOS00478 

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SAME ASNo Same As

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SPONSOROBERACKER

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COSPNSRASHBY, BORRELLO, GALLIVAN, STEC

&nbsp

MLTSPNSR

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Rpld §400.03, amd §§265.00, 400.00 & 400.02, Pen L; amd §§9.46, 7.09 & 13.09, Ment Hyg L

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Relates to firearms; authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family; relates to reports of substantial risk or threat of harm by mental health professionals.

Go to top S00478 Actions:

BILL NOS00478 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00478 Committee&nbspVotes:

Go to topS00478 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00478 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 478

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. OBERACKER, ASHBY, BORRELLO, GALLIVAN -- read twice
 and ordered printed, and when printed to be committed to the Committee
 on Codes

 AN ACT to amend the penal law, in relation to authorizing the transfer
 of certain weapons from an estate to an immediate member of the
 decedent's family; to amend the penal law, in relation to the filing
 of approved applications for licenses to carry, possess, repair and
 dispose of firearms; to amend the mental hygiene law, in relation to
 reports of substantial risk or threat of harm by mental health profes-
 sionals; to amend the penal law, in relation to licenses to carry,
 possess, repair and dispose of firearms; and to repeal section 400.03
 of the penal law relating to sellers of ammunition

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 400.03 of the penal law is REPEALED.
 2 § 2. Paragraph (g) of subdivision 22 of section 265.00 of the penal
 3 law is amended by adding a new subparagraph (vii) to read as follows:
 4 (vii) any weapon legally possessed and validly registered pursuant to
 5 subdivision sixteen-a of section 400.00 of this chapter prior to such
 6 person's death and bequeathed or passed through intestacy to an immedi-
 7 ate family member of the deceased. Such weapons shall be subject to the
 8 provisions of paragraph (h) of this subdivision. For purposes of this
 9 subparagraph, the meaning of immediate family member is as defined by
 10 subdivision one of section eight hundred ninety-eight of the general
 11 business law;
 12 § 3. Paragraph (h) of subdivision 22 of section 265.00 of the penal
 13 law, as amended by chapter 209 of the laws of 2022, is amended to read
 14 as follows:
 15 (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
 16 may only be sold to, exchanged with or disposed of to a purchaser

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01840-01-5

 S. 478 2

 1 authorized to possess such weapons or to an individual or entity outside
 2 of the state provided that any such transfer to an individual or entity
 3 outside of the state must be reported to the entity wherein the weapon
 4 is registered within seventy-two hours of such transfer. An individual
 5 who transfers any such weapon to an individual inside New York state or
 6 without complying with the provisions of this paragraph shall be guilty
 7 of a class A misdemeanor.
 8 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
 9 graph, any weapon defined in paragraph (e) or (f) of this subdivision
 10 that was legally possessed and validly registered by an individual prior
 11 to their death may be transferred by the estate of such individual to
 12 one of their immediate family members. For purposes of this subpara-
 13 graph, the meaning of immediate family member is as defined by subdivi-
 14 sion one of section eight hundred ninety-eight of the general business
 15 law.
 16 § 4. Subdivision 5 of section 400.00 of the penal law, as amended by
 17 chapter 1 of the laws of 2013, subparagraph (iii) of paragraph (e) as
 18 amended by chapter 244 of the laws of 2019, is amended to read as
 19 follows:
 20 5. Filing of approved applications. [(a)] The application for any
 21 license, if granted, shall be filed by the