New York S 5215: Relates to the exchange or transfer of firearms, rifles and shotguns pursuant to a decedent's will and/or probate order

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S05215 Summary:

BILL NOS05215 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSRMURRAY

&nbsp

MLTSPNSR

&nbsp

Amd §898, Gen Bus L; amd §265.00, Pen L

&nbsp

Authorizes the exchange or transfer of firearms, rifles and shotguns pursuant to a decedent's will and/or probate order; prohibits transfers of large capacity ammunition feeding devices.

Go to top S05215 Actions:

BILL NOS05215 

&nbsp

02/19/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS05215 Committee&nbspVotes:

Go to topS05215 Floor&nbspVotes:

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

Go to topS05215 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5215

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Consumer
 Protection

 AN ACT to amend the general business law and the penal law, in relation
 to the exchange or transfer of firearms, rifles and shotguns pursuant
 to a decedent's will and/or probate order

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

 1 Section 1. Subdivision 1 of section 898 of the general business law,
 2 as amended by chapter 129 of the laws of 2019, is amended to read as
 3 follows:
 4 1. In addition to any other requirements pursuant to state and federal
 5 law, all sales, exchanges or disposals of firearms, rifles or shotguns
 6 shall be conducted in accordance with this section unless such sale,
 7 exchange or disposal is conducted by a licensed importer, licensed
 8 manufacturer or licensed dealer, as those terms are defined in 18 USC §
 9 922, when such sale, exchange or disposal is conducted pursuant to that
 10 person's federal firearms license or such sale, exchange or disposal is
 11 between members of an immediate family or such exchange or transfer is
 12 pursuant to a decedent's will and/or probate order, directing such
 13 exchange or transfer to a person who qualifies under this section. When
 14 a sale, exchange or disposal is conducted pursuant to a person's federal
 15 firearms license, before delivering a firearm, rifle or shotgun to any
 16 person, either (a) the National Instant Criminal Background Check System
 17 (NICS) or its successor has issued a "proceed" response to the federal
 18 firearms licensee, or (b) thirty calendar days shall have elapsed since
 19 the date the federal firearms licensee contacted NICS to initiate a
 20 national instant criminal background check and NICS has not notified the
 21 federal firearms licensee that the transfer of the firearm, rifle or
 22 shotgun to such person should be denied. For purposes of this section,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07861-01-5

 S. 5215 2

 1 "immediate family" shall mean spouses, domestic partners, children and
 2 step-children.
 3 § 2. Paragraph (h) of subdivision 22 of section 265.00 of the penal
 4 law, as amended by chapter 209 of the laws of 2022, is amended to read
 5 as follows:
 6 (h) Any weapon defined in paragraph (e) or (f) of this subdivision may
 7 only be sold to, exchanged with or disposed of to a purchaser authorized
 8 to possess such weapons or to an individual or entity outside of the
 9 state provided that any such transfer to an individual or entity outside
 10 of the state must be reported to the entity wherein the weapon is regis-
 11 tered within seventy-two hours of such transfer. Such permissible sale,
 12 exchange or disposal of any weapon defined in paragraph (e) or (f) of
 13 this subdivision that was legally possessed by an individual prior to
 14 the enactment of chapter one of the laws of two thousand thirteen which
 15 added this paragraph shall also include a member of the transferor's
 16 immediate family, who resides either within or outside the state of New
 17 York, and shall include transfers made pursuant to a decedent's will
 18 and/or probate order, directing such exchange or transfer to a person
 19 who qualifies under this section, whether that person resides inside or
 20 outside the state of New York. Such permissib