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For a copy of the 2024 NYS Legislative Session Calendar: CLICK HERE

New York State Proposed Firearm Legislation

A08443
SUMMARY
:  Grants the Attorney General (AG) the power to investigate and seek injunctive relief for the sale of illegal firearms and ammunition.

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. 

SCOPE POSITION-OPPOSE

            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.

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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.


The 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 2025.

Below 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

 

A04140 Includes 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 receivers.

A01503 Includes 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.

S00248 Relates 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.

AA03995 Authorizes 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 sheriff.

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.

A05380 Enacts 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 of firearms.

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.

A06193 Relates 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.

A05834 Prohibits gun industry members from marketing firearms and firearm related products to minors; establishes a private right of action for violations.

A00754 Prohibits entry to gun shows to anyone under twelve years of age.

A00442 Establishes the offense of unlawful possession of firearms by persons under twenty-one.

A04225 Increases 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 state.

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.

A06141 Establishes 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.

A02684 Expands 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 of age.

S04657 Establishes 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.

A01892 Provides 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.

S00696 Removes the prohibition on firearm silencers.

S03420 Relates to criminal penalties for possession, theft, or sale of stolen firearms, shotguns and rifles.

S07365 Requires reasonable controls and procedures to be taken with respect to the sale, manufacturing, importing and marketing of rapid fire modification devices.

A03314 Requires liability insurance for owners of firearms, rifles and shotguns.

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.

A05377 Prohibits the promotion, sale, transfer, exchange, giving or disposing of a weapon on property owned by the state or any political subdivision thereof.

S04150 Relates to limiting the acquisition of a rifle or shotgun to one per ninety-day period.

A03373 S04211 Enhances the penalties for crimes committed during a riot.

A05049 S02635 Relates to licensing and other provisions relating to firearms.

S02611 Relates to lowering the age for universal hunting licenses from 14 years old to 12 years old.

A04246 Expands qualifying offenses eligible for pretrial detention and bail.

S03191 A02940 Relates to hunting and hunting licenses.

 

A 2nd Amendment Defense Organization, defending the rights of New York State gun owners to keep and bear arms!

PO Box 165
East Aurora, NY 14052

SCOPE is a 501(c)4 non-profit organization.

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