Prohibits individuals adjudicated as youthful offenders for any offense listed under article one hundred twenty-five of the penal law, from possessing firearms, rifles and shotguns.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5243
SPONSOR: Barclay (MS) TITLE OF BILL:
An act to amend the penal law, in relation to prohibiting individuals
adjudicated as youthful offenders from possessing certain weapons
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit certain youthful offenders who commit homicide from possess-
ing a firearm, including a rifle and/or shotgun unless such person
obtained a Certificate of Relief from Disabilities.
SUMMARY OF PROVISIONS:
§ 1. Short Title "Nikki's Law"
§ 2. Subdivision 3 of Section 265.01 of the Penal Law, as amended by
chapter 1 of the laws of 2013, is amended by adding a new subdivision(4)
to prohibit a person convicted as a youthful offender from possessing a
rifle or shotgun if convicted for any offense listed under Section 125
of the Penal Law unless such person has been granted a Certificate of
Relief from Disabilities. Section 125 of the Penal Law defines homicide.
§ 3. Subdivision 1 of Section 400.00 of the Penal Law is amended by
applying the same prohibition from owning or possessing a pistol or
concealed weapon unless granted a Certificate of Relief from Disabili-
ties.
JUSTIFICATION:
Under current law, youthful offenders convicted of homicide are eligible
to possess and or own firearms, including shotguns and/or rifles without
any restrictions upon completion of their sentence. For adults prose-
cuted under the same crime, their right to own and possess firearms
including rifles and shotguns are prohibited unless they have been
granted a Certificate of Relief from Disabilities.
This legislation would apply the same standard to youthful offenders as
their adult counterparts who stand convicted of homicide and would only
impact those convicted on or after the effective date of this legis-
lation.
The intent of this legislation is in no way an attempt to restrict law-
abiding citizens from firearms. Youthful Offenders who have caused a
death of another should not automatically retain their right to possess
a weapon just because they committed the crime as a youth. Rather,
these individuals should have to apply to the court for a Certificate of
Relief from Disabilities.
Further, this legislation will be known as, "Nikki's Law" for Nichole
Smith whose life was tragically taken on September 17, 2006 after being
shot and killed by her boyfriend. Nikki, 18 years old, died instantly
while sitting on a couch at her boyfriend's home after her boyfriend
tripped at the top of the stairway and his shotgun discharged.
Although presumed an accident, newspaper reports and court documents
suggested that the young man charged had an obsession with weapons. On
May 29, 2007, the defendant was granted youthful offender treatment,
which would remove the felony conviction from his record and would seal
his record upon completion of his sentence.,
For Merle and Tina. Smith, Nikki's parents, this was devastating because
in absence of a felony record, the young man that killed their daughter
would be entitled to own a firearm again. In honor of their daughter's
memory, they seek a law that would make youthful offenders convicted of
homicide ineligible to possess and or own firearms.
PRIOR LEGISLATIVE HISTORY:
2011-12: A.5699 Held for consideration in Codes
2013-14: A.4303 Held for consideration in Codes
2015-16: A.4983 Held for consideration in Codes
2017-18: A.3391 Held for consideration in Codes
2019-20: A.4958 Held for consideration in Codes
2021-22: A.6411 Held for consideration in Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall become law.
STATE OF NEW YORK
________________________________________________________________________
5243
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. BARCLAY, HAWLEY, McDONOUGH, REILLY, LEMONDES,
J. M. GIGLIO -- Multi-Sponsored by -- M. of A. BLANKENBUSH, DeSTEFANO,
GALLAHAN, GOODELL, MANKTELOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to prohibiting individuals
adjudicated as youthful offenders from possessing certain weapons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Nikki's law".
3 § 2. Subdivision 3 of section 265.01 of the penal law, as amended by
4 chapter 1 of the laws of 2013, is amended to read as follows:
5 (3) He possesses a rifle or shotgun and has been adjudicated as a
6 youthful offender on or after the effective date of the chapter of the
7 laws of two thousand twenty-three which amended this subdivision for any
8 offense listed under article one hundred twenty-five of this chapter
9 unless such person has been granted a certificate of relief from disa-
10 bilities pursuant to article twenty-three of the correction law; or
11 § 3. Subdivision 1 of section 400.00 of the penal law is amended by
12 adding a new paragraph (c-1) to read as follows:
13 (c-1) who has not been adjudicated as a youthful offender on or after
14 the effective date of the chapter of the laws of two thousand twenty-
15 three which added this paragraph for any offense listed under article
16 one hundred twenty-five of this chapter unless such person has been
17 granted a certificate of relief from disabilities pursuant to article
18 twenty-three of the correction law;
19 § 4. This act shall take effect on the first of November next succeed-
20 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03857-01-3
