BILL NUMBER: S418
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the penal law, in relation to the unlawful procurement
of a firearm
 
PURPOSE:
The purpose of this act is to prohibit the purchase of more than 1
firearm during any period of 30-days, thus: (a) helping prevent gun
traffickers from buying guns in bulk and reselling them to prohibited
purchasers; (b) reducing the number of guns entering the illegal market;
and (c) stemming the illegal flow of firearms between states.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends the penal law by adding a new § 265.67.
The proposed legislation establishes the crime of unlawful procurement
of a firearm when:
(i) The person purchases or takes possession of more than one firearm
from any dealer in firearms during any 30-day period; or
(ii) Being a dealer in firearms, the person sells or transfers a firearm
to any person who has purchased or taken possession of a firearm during
the previous 30-days. Unlawful procurement of a firearm is a class A
misdemeanor.
Section two of the bill amends the penal law by adding a new subdivision
f to § 265.20. This section provides exemptions to the crime of unlawful
procurement of a firearm.
Section three of the bill amends the penal law by adding a new § 400.15.
The proposed legislation requires each dealer in firearms prior to the
sale of any firearm to request approval of such sale from the Division
of Criminal Justice Services (DCJS). Upon receipt of the approval, the
dealer in firearms shall record and report such sale to DCJS within 24
hours.
Section four of the bill states that nothing in this act shall prevent
localities from across the state from enacting more restrictive laws
regarding how many firearms may be purchased within
a certain period of time.
Section five of the bill sets the effective date.
 
JUSTIFICATION:
Federal law does not limit the number of guns a person may buy during
any given time period.
Studies show that firearms sold in multiple sales to the same individual
purchaser are frequently used in crime. Federal law defines a "multiple
sale" as selling two or more guns to the same purchaser within five
business days.
According to the Law Center to Prevent Gun Violence, " laws limiting an
individual's ability to purchase multiple firearms within a short span
of time reduce gun trafficking."
ATF crime gun trace data revealed that 22% of all handguns recovered in
1999 had been transferred to a purchaser involved in a multiple sale.
Crime gun trace data from 2000 showed that 20% of all retail handguns
recovered in crime were purchased as part of a multiple sale.
The American public strongly supports laws limiting the number of guns
that may be purchased at one time. According to the Law Center to
Prevent Gun Violence, 69% of respondents in an April 2012 poll support
laws limiting multiple gun purchases.
New York City law currently limits firearms purchases to one every 90
days, and 4 states (California, Maryland, New Jersey, and Virginia) have
laws limiting at least some types of firearm purchases or sales to one
per month.
 
LEGISLATIVE HISTORY:
2023-24: S544 (Gianaris) died in Codes / A6787 (Rosenthal L) died in
codes
2021-22: S1236 (Gianaris) died in Codes
2019-20: S1834 (Gianaris) died in Codes
2017-18: S3043 (Gianaris) died in Codes
2015-16: S2443 (Gianaris) died in Codes / A7026 (Kavanagh) died in codes
2013-14: S572-A (Gianaris) died in Codes / A3186-A (Kavanagh) died in
codes
2012: S7834 (Gianaris) died in Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

Statutes affected:
S418: 265.20 penal law