S 418: Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more than 1 firearm during any period of 30 days.

  
  STATE OF NEW YORK ________________________________________________________________________ 418 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. GIANARIS, ADDABBO, JACKSON, KRUEGER, RIVERA, SERRA- NO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the unlawful procurement of a firearm The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 265.67 to 2 read as follows: 3 § 265.67 Unlawful procurement of a firearm. 4 A person is guilty of unlawful procurement of a firearm when: 5 1. Such person purchases or takes possession of more than one firearm 6 from any dealer in firearms during any thirty-day period; or 7 2. Being a dealer in firearms, such person sells or transfers a 8 firearm to any person who has purchased or taken possession of a firearm 9 during the previous thirty days. 10 Unlawful procurement of a firearm is a class A misdemeanor. 11 § 2. Section 265.20 of the penal law is amended by adding a new subdi- 12 vision f to read as follows: 13 f. Section 265.67 of this article shall not apply to: 14 1. Any law enforcement or corrections agency, or police or corrections 15 officer acting within the course and scope of such person's employment 16 or official duties; 17 2. A United States Marshal, member of the armed forces of the United 18 States or the National Guard, or a federal official, who is required to 19 possess a firearm in the operation of such person's official duties; 20 3. Licensed firearms manufacturers, importers or dealers, while 21 engaged in the course and scope of their activities as licensees, 22 provided that the transfers are between licensees and all such licensees 23 are properly licensed under federal, state and local law; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01585-01-5 
 S. 418 2 1 4. A gunsmith acquiring firearms solely for the purposes of service or 2 repair, or the lawful owner of the firearms retrieving the firearms back 3 from such a gunsmith; 4 5. A common carrier, warehouseperson or other person engaged in the 5 business of transporting or storing goods, to the extent that the 6 possession or receipt of any firearm is in the ordinary course of busi- 7 ness, and not for the personal use of any such person; 8 6. A person acquiring firearms by operation of law upon the death of 9 the former owner of the firearms; or 10 7. A person whose firearm was stolen or irretrievably lost and who 11 considers it essential that the firearm be replaced immediately, if: 12 (a) the person provides the seller or transferor with a copy of an 13 official police report describing the loss or theft of the firearm. The 14 official police report must contain the name and address of the firearm 15 owner, a description of the firearm, the location of the loss or theft, 16 the date of the loss or theft, and the date the loss or theft was 17 reported to the law enforcement agency; and 18 (b) the loss or theft occurred within thirty days of the person's 19 attempt to replace the firearm, as reflected by the date of loss or 20 theft on the official police report. 21 § 3. The penal law is amended by adding a new section 400.15 to read 22 as follows: 23 § 400.15 Duties of dealers in firearms. 24 1. Each dealer in firearms shall prior to the sale of any firearm to a 25 person request approval of such sale to such person from the division of 26 criminal justice services. 27 2. Upon receipt of the approval of the division of criminal justice 28 services of a sale of a firearm, the dealer in firearms shall record and 29 report such sale to the division of criminal justice services within 30 twenty-four hours. 31 § 4. Nothing in this act shall prevent localities across the state 32 from enacting more restrictive laws regarding how many firearms may be 33 purchased within a certain period of time. 34 § 5. This act shall take effect on the first of January next succeed- 35 ing the date on which it shall have become a law.