S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3730
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by  M. of A. CORWIN, TENNEY, GOODELL, GIGLIO, STEC -- Multi-
         Sponsored by -- M. of A. BARCLAY -- read  once  and  referred  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
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (g) of subdivision 22 of section  265.00  of  the
    2  penal  law  is  amended  by  adding  a new subparagraph (vii) to read as
    3  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, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE;
   10    S  2.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
   11  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
   12  follows:
   13    (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
   14  and  any  large  capacity  ammunition  feeding  device  that was legally
   15  possessed by an individual prior to the enactment of [the]  chapter  ONE
   16  of  the  laws of two thousand thirteen [which added this paragraph], may
   17  only be sold to, exchanged with or disposed of to a purchaser authorized
   18  to possess such weapons or to an individual or  entity  outside  of  the
   19  state provided that any such transfer to an individual or entity outside
   20  of the state must be reported to the entity wherein the weapon is regis-
   21  tered  within  seventy-two  hours  of  such  transfer. An individual who
   22  transfers any such weapon or large  capacity  ammunition  device  to  an
   23  individual   inside  New  York  state  or  without  complying  with  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04588-01-5
       A. 3730                             2
    1  provisions of this paragraph shall be guilty of a  class  A  misdemeanor
    2  unless  such large capacity ammunition feeding device, the possession of
    3  which is made illegal by [the] chapter ONE of the laws of  two  thousand
    4  thirteen  which  added this paragraph, is transferred within one year of
    5  the effective date of [the] chapter ONE of  the  laws  of  two  thousand
    6  thirteen [which added this paragraph].
    7    (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
    8  GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F)  OF  THIS  SUBDIVISION
    9  THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
   10  TO  HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH INDIVIDUAL
   11  TO ONE OF HIS OR HER IMMEDIATE FAMILY  MEMBERS.  FOR  PURPOSES  OF  THIS
   12  SUBPARAGRAPH, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE.
   13    S 3. This act shall take effect immediately.