Int 0490-2004

Be it enacted by the Council as follows: Section 1. Declaration of legislative findings and intent. Although many illegal guns are obtained outside of New York state, existing city laws governing gun sellers should be strengthened to prevent the diversion of guns to the illegal marketplace. The Council finds that it is imperative that additional protections be implemented to ensure that New York city continues to lead the way in preventing gun violence. § 2. Title 10 of the administrative code of the city of New York is amended by adding a new section 10-302.1 to read as follows: § 10-302.1 Preventing the diversion of rifles and shotguns to criminals. a. No dealer in rifles and shotguns shall : (i) sell more than one rifle or shotgun to any individual as part of the same sales transaction; or (ii) sell a rifle or shotgun to any individual if the dealer knows or should know that such individual has purchased a firearm, rifle or shotgun within the prior ninety days. b. The provisions of this section shall not apply to the sale of firearms, rifles or shotguns to a police officer, as such term is defined in section 1.20 of the criminal procedure law, or to a federal law enforcement officer, as such term is defined in section 2.15 of the criminal procedure law, or to a public agency in furtherance of official business. §3. This local law shall take effect 180 days after its enactment; provided that the police commissioner is immediately authorized to adopt, amend and promulgate such rules as may be necessary to effectuate the purpose of this local law.