STATE OF NEW YORK
________________________________________________________________________
2388
2013-2014 Regular Sessions
IN SENATE
January 17, 2013
___________
Introduced by Sen. ADAMS -- 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 failure to report a lost
or stolen firearm
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 three new sections
2 265.21, 265.22 and 265.23 to read as follows:
3 § 265.21 Failure to report theft or loss of a firearm, rifle or shotgun
4 in the third degree.
5 A person is guilty of failure to report theft or loss of a firearm,
6 rifle or shotgun in the third degree when he or she intentionally fails
7 to report such theft or loss as prescribed in section 400.10 of this
8 chapter.
9 A person who violates the provisions of this section shall have any
10 license validly issued, as provided under section 400.00 of this chap-
11 ter, suspended.
12 Failure to report theft or loss of a firearm, rifle or shotgun in the
13 third degree is a class D felony.
14 § 265.22 Failure to report theft or loss of a firearm, rifle or shotgun
15 in the second degree.
16 A person is guilty of failure to report theft or loss of a firearm,
17 rifle or shotgun in the second degree when he or she has previously been
18 convicted of failure to report theft or loss of a firearm, rifle or
19 shotgun in the third degree and he or she intentionally fails to report
20 such theft or loss as prescribed in section 400.10 of this chapter.
21 A person who violates the provisions of this section shall have any
22 license validly issued, as provided under section 400.00 of this chap-
23 ter, revoked.
24 Failure to report theft or loss of a firearm, rifle or shotgun in the
25 second degree is a class C felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02189-02-3
S. 2388 2
1 § 265.23 Failure to report theft or loss of a firearm, rifle or shotgun
2 in the first degree.
3 A person is guilty of failure to report theft or loss of a firearm,
4 rifle or shotgun in the first degree when he or she has previously been
5 convicted of failure to report theft or loss of a firearm, rifle or
6 shotgun in the second degree and he or she intentionally fails to report
7 such theft or loss as prescribed in section 400.10 of this chapter.
8 Failure to report theft or loss of a firearm, rifle or shotgun in the
9 first degree is a class B felony.
10 § 2. Subdivision 3 of section 400.00 of the penal law, is amended by
11 adding a new paragraph (c) to read as follows:
12 (c) All applications and renewals of a license to carry or possess a
13 firearm shall include a provision, to be approved as to form by the
14 superintendent of state police, detailing the crimes prescribed in
15 sections 265.21, 265.22, and 265.23 of this chapter.
16 § 3. This act shall take effect on the first of November next succeed-
17 ing the date on which it shall have become a law.
