Brown E, Bendett, DeStefano, Lemondes, Brabenec, McDonough, Flood, Angelino
MLTSPNSR
Amd 265.20, Pen L
Authorizes children 10 years of age or older to load and fire a rifle, shotgun or pistol at a shooting range while under the supervision of a qualified person; increases from 18 to 21 years of age the minimum age of a person who may be designated in writing by the parent or guardian of a child to supervise such child while he or she is shooting.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4727
SPONSOR: Maher TITLE OF BILL:
An act to amend the penal law, in relation to lowering from 12 years to
10 years the minimum age of a child authorized to engage in supervised
loading and firing of rifles, shotguns and pistols, and increasing from
18 years to 21 years the minimum age of the designated supervisor of
such a child
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes children 10 years of age or older to load and fire a rifle,
shotgun or pistol at a shooting range while under the supervision of a
qualified person.
SUMMARY OF PROVISIONS:
Section 1. Paragraphs 7, 7-c and 7-d of subdivision a of section 265.20
of the penal law, paragraph 7 as amended by chapter 180 of the laws of
1998, and paragraphs 7-c and 7-d as added by chapter 651 of the laws of
1996, are amended by changing the minimum age of a person allowed to
load and fire a rifle or shotgun at a supervised shooting range from 12
years to 10 years. In addition, the minimum age requirement of a parent,
guardian or person designated by certificate of qualification to super-
vise minors at a shooting range is changed from 18 years to 21 years.
JUSTIFICATION:
Currently, youth scholastic shooting sports competitions such as target
and clay pigeon shooting competitions are unable to be held in New York
State due to the minimum age requirement of a participant of 12 years.
Other states such as Pennsylvania, Washington, and Wisconsin allow a
minimum age of participants in supervised shooting competitions of 10
years. By lowering the minimum age to 10 years, sportsmanship clubs and
associations can now begin to host the competitions in their home state.
Hosting national competitions in New York State will not only benefit
the student athletes by allowing them to apply for additional grants and
scholarships, but also stimulate the local upstate economy due to the
increased tourism. New York State student athletes in this sport are
also at a competitive disadvantage on the national scale due to the
12-year age restriction and often find their level of capability to be
behind their age group when competing in national competitions. This
bill would allow New York State to host national target shooting compe-
titions and level the playing field for New York State student athletes
who choose to compete in this particular sport.
PRIOR LEGISLATIVE HISTORY:
A.4038 of 2021-2022
A.5440 of 2019-20
A.4699 of 2017-18
A.4058A of 2011-12.
A.182 of 2013-14.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
4727
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. MAHER -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to lowering from 12 years to
10 years the minimum age of a child authorized to engage in supervised
loading and firing of rifles, shotguns and pistols, and increasing
from 18 years to 21 years the minimum age of the designated supervisor
of such a child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs 7, 7-c and 7-d of subdivision a of section
2 265.20 of the penal law, as amended by chapter 150 of the laws of 2020,
3 are amended to read as follows:
4 7. Possession, at an indoor or outdoor shooting range for the purpose
5 of loading and firing, of a rifle or shotgun, the propelling force of
6 which is gunpowder by a person under sixteen years of age but not under
7 [twelve] ten, under the immediate supervision, guidance and instruction
8 of (a) a duly commissioned officer of the United States army, navy, air
9 force, marine corps or coast guard, or of the national guard of the
10 state of New York; or (b) a duly qualified adult citizen of the United
11 States who has been granted a certificate as an instructor in small arms
12 practice issued by the United States army, navy, air force or marine
13 corps, or by the adjutant general of this state, by the national rifle
14 association of America, a not-for-profit corporation duly organized
15 under the laws of this state, or by a New York state 4-H certified
16 shooting sports instructor; or (c) a parent, guardian, or a person over
17 the age of [eighteen] twenty-one designated in writing by such parent or
18 guardian who shall have a certificate of qualification in responsible
19 hunting, including safety, ethics, and landowner relations-hunter
20 relations, issued or honored by the department of environmental conser-
21 vation; or (d) an agent of the department of environmental conservation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09178-01-3
A. 4727 2
1 appointed to conduct courses in responsible hunting practices pursuant
2 to article eleven of the environmental conservation law.
3 7-c. Possession for the purpose of loading and firing, of a rifle,
4 pistol or shotgun, the propelling force of which may be either air,
5 compressed gas or springs, by a person under sixteen years of age but
6 not under [twelve] ten, under the immediate supervision, guidance and
7 instruction of (a) a duly commissioned officer of the United States
8 army, navy, marine corps or coast guard, or of the national guard of the
9 state of New York; or (b) a duly qualified adult citizen of the United
10 States who has been granted a certificate as an instructor in small arms
11 practice issued by the United States army, navy or marine corps, or by
12 the adjutant general of this state, by the national rifle association of
13 America, a not-for-profit corporation duly organized under the laws of
14 this state, or by a New York state 4-H certified shooting sports
15 instructor; or (c) a parent, guardian, or a person over the age of
16 [eighteen] twenty-one designated in writing by such parent or guardian
17 who shall have a certificate of qualification in responsible hunting,
18 including safety, ethics, and landowner relations-hunter relations,
19 issued or honored by the department of environmental conservation.
20 7-d. Possession, at an indoor or outdoor shooting range for the
21 purpose of loading and firing, of a rifle, pistol or shotgun, the
22 propelling force of which may be either air, compressed gas or springs,
23 by a person under [twelve] ten years of age, under the immediate super-
24 vision, guidance and instruction of (a) a duly commissioned officer of
25 the United States army, navy, marine corps or coast guard, or of the
26 national guard of the state of New York; or (b) a duly qualified adult
27 citizen of the United States who has been granted a certificate as an
28 instructor in small arms practice issued by the United States army, navy
29 or marine corps, or by the adjutant general of this state, by the
30 national rifle association of America, a not-for-profit corporation duly
31 organized under the laws of this state, or by a New York state 4-H
32 certified shooting sports instructor; or (c) a parent, guardian, or a
33 person over the age of [eighteen] twenty-one designated in writing by
34 such parent or guardian who shall have a certificate of qualification in
35 responsible hunting, including safety, ethics, and landowner relations-
36 hunter relations, issued or honored by the department of environmental
37 conservation.
38 § 2. This act shall take effect on the thirtieth day after it shall
39 have become a law.
