BILL NUMBER: S626
SPONSOR: STAVISKY
TITLE OF BILL:
An act to amend the penal law, in relation to adding ammunition to the
list of prohibited items to purchase or dispose of after certain
convictions
PURPOSE OR GENERAL IDEA OF BILL:
To prevent "straw purchases" of ammunition.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1, Amends Section 265.17 of the penal law, as amended by chapter
1 of the laws of 2013, by adding ammunition to the crime of criminal
purchase or disposal of a weapon. A person would be guilty of the crimi-
nal purchase or disposal of ammunition when: knowing that they are
legally prohibited from possessing ammunition, such person purchases
ammunition; or when knowing that it would be unlawful for another person
to possess ammunition, he or she purchases ammunition for, on behalf of,
or for the use of such other person.
Section 2. Sets forth the effective date.
JUSTIFICATION:
Currently, a person is guilty of the criminal purchase or disposal of a
weapon when knowing that it would be unlawful for another person to
possess a firearm, rifle or shotgun, he or she purchases a firearm,
rifle or shotgun for, on behalf of, or for the use of such other
person-known as a "straw purchase." This section also makes it illegal
for an individual to purchase a weapon when they know that they are
legally prohibited from possessing it.
Since New York 1aw requires that an individual pass a background check
to purchase ammunition, this section of the Penal Law should be amended
to include ammunition in addition to firearms, rifles and shotguns.
In the recent mass shooting in Dayton, Ohio, a friend of the shooter
allegedly purchased the ammunition used. This highlights the need to
update our state's law to prevent ammunition from ending up in the wrong
hands
PRIOR LEGISLATIVE HISTORY:
2019-2020: A.8575/S.7299 - Referred Codes.
2021-2022: A.383/S.3545 Referred Codes.
2023-2024: A659/S1892 - Rtred to Codes.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
Statutes affected: S626: 265.17 penal law