BILL NUMBER: S5215
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the general business law and the penal law, in relation
to the exchange or transfer of firearms, rifles and shotguns pursuant to
a decedent's will and/or probate order
 
PURPOSE:
To allow the lawful exchange or transfer of firearms to qualified indi-
viduals who are designated beneficiaries pursuant to will and/or probate
order.
 
SUMMARY OF PROVISIONS:
§ 1, expands the definition of person's qualified to take receipt and
possession of firearms pursuant to a will and/or probate order. This new
provision will allow any individual designated as a beneficiary by a
valid will and/or probate order and is qualified to possess a firearm
under the act as provided under Section 1, Subdivision 1 of section 898
of the general business law, as added by chapter 1 of the laws of 2013.
§ 2, allows for the permissible sale, exchange or disposal of any weapon
defined in paragraph (e) or (f) of paragraph (h) of subdivision 22 of
section 265.00 of the penal law, as added by chapter 1 of the laws of
2013, to an individual that was previously qualified to legally possess
the weapon including the transferor's immediate family, who resides
within or without the state of New York and shall include transfers made
pursuant to a decedent's will and/or probate order.
 
EXISTING LAW:
General business law, Section 1, Subdivision 1 and penal law allows for
the transfer or exchange of firearms to "immediate family" members or
those persons holding federal firearms licenses. Penal law section
265.00, para. (h) Of subdivision 22, allows for the sale, transfer or
disposal of weapons to qualified individuals or entities outside of the
state.
 
JUSTIFICATION:
This act expands the definition of those individuals allowed to trans-
fer, sell or dispose of firearms to not only immediate family members,
but also individuals qualified to possess firearms pursuant to New York
law if they are identified as beneficiaries pursuant to will and/or
probate order. This limited expansion of the definition of qualified
individuals will allow for the expeditious transfer of estate property
that is firearms to qualified individuals pursuant to the testamentary
wishes of descendants.
 
LEGISLATIVE HISTORY:;
2024; Held in Senate Consumer Protection Committee.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S5215: 898 general business law, 898(1) general business law, 265.00 penal law, 265.00(22) penal law