New York State Proposed Firearm Legislation
SPONSOR: Assemblyman Phillip Steck (D), District 110 (Albany/Schenectady Area)
HISTORY– 2024-01-03 – Referred to the Assembly Codes Committee
SAME AS BILL – None to Date
TEXT –1. The AG SHALL have the power and duty to
a. investigate and prosecute any individual seller or firearms or retail firearms dealer who knowingly sells an illegal firearm or rapid-fire modification device to a resident of the State of New York or to an individual who purchases a firearm or rapid-firearm modification device on behalf of a New York State resident without contacting the New York state police for authorization pursuant to section 228 of this chapter and any other law, rule, or regulation.
b. Seek and obtain injunctive relief to prevent any individual seller of firearms or retail firearms dealer from knowingly selling an illegal firearm or rapid-fire modification device on behalf of a New York state resident or to prevent any individual seller of firearms or retail firearms dealer from knowingly selling a firearm or rapid-fire modification device on behalf of a New York state resident without contacting the New York state police for authorization pursuant to section 228 of this chapter and any other law, rule or regulation.
c. Investigate and prosecute any individual seller of firearms or retail firearms dealer should they knowingly sell ammunition to a resident of the state of New York or to an individual who purchases ammunition on behalf of a New York state resident without contacting the New York state police for authorization pursuant to section 228 of this chapter and any other law, rule, or regulation.
d. Seek and obtain injunctive relief to prevent any individual seller of firearms or retail firearms dealer from knowingly selling ammunition to a resident of New York state or to an individual who purchases ammunition on behalf of a New York state resident without contacting the New York state police for authorization pursuant to section 228 of this chapter and any other law, rule, or regulation.
2. The AG SHALL have the power to enforce the provisions of this section by bringing civil and criminal actions in the state courts of New York.
Why? It is UNCONSTITUTIONAL
Article 1, Section 8, Clause 3: “The Congress shall have power to regulate Commerce with foreign nations, and among the States, and with Indian Tribes.
Amendment 2 of the United States Constitution – “A well-regulated Militia, being necessary to the security of a free State, the right of people to keep and bear Arms, shall not be infringed”.
NOTE: For a second time, a federal judge issued an injunction preventing California from enforcing its ammunition background check law, holding that it infringes on the right to keep and bear arms, the Constitution’s Commerce Clause, and is preempted by the Firearm Owners’ Protection Act._________________________________________________________
S00138A - Relates to certifying instructors in small arms practice; provides that after December 31, 2026 individuals certified as an instructor in small arms practice shall seek recertification subject to the standards and curriculum promulgated by the division of criminal justice services.
current NY Legislature is in office for 2023 and 2024. Any proposed bills introduced in 2023, but
not approved or rejected, are automatically carried over into 2024. If those bills are not acted on in 2024,
they are dead and must be reintroduced as a new bill, with a new number, in
is a list of bills concerning firearms that were introduced in 2023 and are
still alive. (There are probably
more!) Assembly bills start with an A
and Senate bills start with an S. Some
bills have companion bills introduced in both the Senate and the Assembly
and they are noted. You can find more
information on these bills on LEGISCAN.com
certain violations involving the use of a machine-gun, firearm silencer,
firearm, rifle, shotgun, disguised gun, ghost gun or assault weapon as
qualifying offenses for the purpose of imposing bail.
A05884 S05628 Establishes
a private cause of action for certain violations regarding machine-guns,
assault weapons, disguised guns, ghost guns, and unfinished frames or
offenses involving the possession, display or discharge of a firearm, rifle,
shotgun, machine-gun, or disguised gun as qualifying offenses for the purpose
of allowing a principal to be eligible to be held on bail.
to gun buy back programs; requires entities
operating such programs to check the serial number of all firearms obtained
against the NYSPIN records and to obtain the express permission of the lawful
owner of any firearm found to be stolen before the destruction thereof.
the court the discretion to release persons charged with certain crimes
involving possession of a firearm on their own recognizance or under
non-monetary conditions, fix bail, or commit the person to the custody of the
S07364 A07489 Relates
to the regulation of three-dimensional printed firearms; provides that a
person who intentionally sells, distributes, or disposes of a
three-dimensional printed firearm is guilty of a class A misdemeanor.
the "children's weapon accident prevention act"; creates crimes of
failure to store a weapon safely in the first and second degrees, aggravated
failure to store a weapon safely, and criminally negligent storage of a
weapon in the first and second degrees; provides affirmative defenses;
directs the commissioner of education to develop a weapons safety program.
S00430 A00829 Prohibits
the possession and use of live ammunition at a film production facility or a
qualified film production facility; requires all persons employed or present
at a film production facility or a qualified film production facility to
receive proper training on the safe use, handling, storage and transportation
S00930 A01566 Restricts
the sale of ammunition to only individuals authorized to possess such weapon;
creates the no-gun database under the division of criminal justice services.
to suspension and revocation of firearms licenses; relates to private sale or
disposal of firearms, rifles or shotguns;
establishes a minimum age to possess a firearm relating to gun control.
gun industry members from marketing firearms and firearm related products to
minors; establishes a private right of action for violations.
entry to gun shows to anyone under twelve years of age.
the offense of unlawful possession of firearms by persons under twenty-one.
penalties for criminal use of a firearm in the first degree when committing a
drug related felony offense.
S00632 A02572 Requires
the division of criminal justice services to establish and maintain a
database of information relating to the sale or use of microstamped
guns in the state and to promulgate regulations regarding the provision of
information pertaining to the sale, use or delivery of such guns within the
S05919 A04236 Relates
to establishing the civil rights restoration act; amends provisions regarding
firearm licenses and destruction of firearms; exempts certain individuals
from providing photographs in order to obtain a firearm license; expands the
definition of immediate family.
the crimes of carjacking in first, second and third degrees, as the stealing
of a motor vehicle from a person or presence of another person through the
use or threatened use of force; increases penalties for causing injury to such
victim, displaying a real or fake gun or using such
a weapon; provides that all carjackings are violent felony offenses.
juvenile offender status to include rape in the first degree, criminal sexual
act in the first degree, aggravated sexual abuse in the first degree,
aggravated sexual abuse in the second degree and aggravated sexual abuse in
the third degree if committed by persons thirteen, fourteen or fifteen years
the class A-I felony of criminal use of a firearm for possessing a deadly
weapon or displaying what appears to be or is a rifle, pistol, revolver,
shotgun, machine gun or other firearm during the commission of a class A or
violent felony; repeals the offenses of criminal use of a firearm in the
first or second degrees.
for the posting of firearm signage in areas in which the rate of gun violence
is above the national average.
A02413 S02102 Requires
police officers to take temporary custody of firearms for not less than one
hundred twenty hours when responding to reports of family violence.
the prohibition on firearm silencers.
to criminal penalties for possession, theft, or sale of stolen firearms, shotguns and rifles.
reasonable controls and procedures to be taken with respect to the sale,
manufacturing, importing and marketing of rapid fire
liability insurance for owners of firearms, rifles
A06125 S05894 Requires
victims of firearm violence be offered and/or provided psychiatric care.
A02209 S00816 Makes
clarifying changes to the definition of imitation weapon.