S T A T E O F N E W Y O R K ________________________________________________________________________ 1811 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. ESPAILLAT, AVELLA, KENNEDY -- 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 prohibition of illegal gun trafficking 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 265.45 to 2 read as follows: 3 S 265.45 ILLEGAL GUN TRAFFICKING. 4 A PERSON IS GUILTY OF ILLEGAL GUN TRAFFICKING WHEN SUCH PERSON KNOW- 5 INGLY AND INTENTIONALLY DISTRIBUTES, TRANSPORTS, SHIPS, RECEIVES, 6 BARTERS, PURCHASES OR SELLS ANY FIREARM WHICH HAS: 7 1. BEEN USED DURING THE COMMISSION OF A CRIME; 8 2. BEEN STOLEN; 9 3. HAD THE IMPORTER'S OR MANUFACTURER'S SERIAL NUMBER REMOVED, OBLIT- 10 ERATED OR ALTERED; OR 11 4. BEEN DEFACED. 12 ILLEGAL GUN TRAFFICKING IS A CLASS D FELONY. 13 S 2. This act shall take effect on the one hundred twentieth day after 14 it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02236-01-3