S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4389
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2013
                                      ___________
       Introduced  by  M.  of A. PRETLOW, HOOPER, GOTTFRIED, GANTT, DINOWITZ --
         Multi-Sponsored by -- M. of A. AUBRY, BRENNAN, CLARK,  GALEF,  JACOBS,
         WEINSTEIN, WEISENBERG, WRIGHT -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to  amend  the general business law, in relation to the sale of
         ammunition
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new article
    2  39-EE to read as follows:
    3                                ARTICLE 39-EE
    4                             SALE OF AMMUNITION
    5  SECTION 899-T.   DEFINITION.
    6          899-U. PROHIBITIONS.
    7          899-V. ENFORCEMENT AND PENALTIES.
    8    S  899-T.  DEFINITION.   AS USED IN THIS ARTICLE THE TERM "AMMUNITION"
    9  SHALL MEAN ANYTHING HURLED BY A WEAPON, INCLUDING BULLETS AND GUNPOWDER.
   10    S 899-U.   PROHIBITIONS.   NO PERSON, FIRM, CORPORATION  OR  AGENT  OR
   11  EMPLOYEE  THEREOF  SHALL  SELL,  HOLD  FOR SALE OR DISTRIBUTE WITHIN THE
   12  STATE ANY AMMUNITION UNLESS THE  PERSON  RECEIVING  THE  AMMUNITION  HAS
   13  PRESENTED  A  VALID FIREARM LICENSE ISSUED PURSUANT TO SECTION 400.00 OF
   14  THE PENAL LAW.
   15    S 899-V.  ENFORCEMENT AND PENALTIES.   WHENEVER THE  ATTORNEY  GENERAL
   16  SHALL  BELIEVE FROM EVIDENCE SATISFACTORY TO HIM OR HER THAT ANY PERSON,
   17  FIRM, CORPORATION OR  ASSOCIATION  OR  AGENT  OR  EMPLOYEE  THEREOF  HAS
   18  VIOLATED ANY PROVISION OF THIS ARTICLE, HE OR SHE MAY BRING AN ACTION OR
   19  SPECIAL  PROCEEDING  IN  THE  SUPREME COURT FOR A JUDGMENT ENJOINING THE
   20  CONTINUANCE OF SUCH VIOLATION AND FOR A CIVIL PENALTY OF NOT  LESS  THAN
   21  FIVE  HUNDRED  DOLLARS,  BUT NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH
   22  VIOLATION.  EACH SALE OR DISTRIBUTION OF  THE  AMMUNITION  IN  THE  UNIT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07843-01-3
       A. 4389                             2
    1  PACKAGING  IN  WHICH IT IS INTENDED FOR SALE SHALL BE CONSIDERED A SEPA-
    2  RATE VIOLATION.
    3    S 2. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.