Amd §70.02, rpld §§265.08 & 265.09, add §265.70, Pen L; amd §410, Gen Bus L; amd §509-cc, V & T L
Establishes the class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying what appears to be or is a rifle, pistol, revolver, shotgun, machine gun or other firearm during the commission of a class A or violent felony; repeals the offenses of criminal use of a firearm in the first and second degrees.
STATE OF NEW YORK
________________________________________________________________________
7258
2025-2026 Regular Sessions
IN SENATE
April 7, 2025
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, the general business law and the vehicle
and traffic law, in relation to criminal use of a firearm; and to
repeal sections 265.08 and 265.09 of the penal law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
2 the penal law, paragraph (a) as amended by chapter 23 of the laws of
3 2024 and paragraph (b) as amended by chapter 94 of the laws of 2020, are
4 amended to read as follows:
5 (a) Class B violent felony offenses: an attempt to commit the class
6 A-I felonies of murder in the second degree as defined in section
7 125.25, kidnapping in the first degree as defined in section 135.25, and
8 arson in the first degree as defined in section 150.20; manslaughter in
9 the first degree as defined in section 125.20, aggravated manslaughter
10 in the first degree as defined in section 125.22, rape in the first
11 degree as defined in section 130.35, a crime formerly defined in section
12 130.50, aggravated sexual abuse in the first degree as defined in
13 section 130.70, course of sexual conduct against a child in the first
14 degree as defined in section 130.75, assault in the first degree as
15 defined in section 120.10, kidnapping in the second degree as defined in
16 section 135.20, burglary in the first degree as defined in section
17 140.30, arson in the second degree as defined in section 150.15, robbery
18 in the first degree as defined in section 160.15, sex trafficking as
19 defined in paragraphs (a) and (b) of subdivision five of section 230.34,
20 sex trafficking of a child as defined in section 230.34-a, incest in the
21 first degree as defined in section 255.27, criminal possession of a
22 weapon in the first degree as defined in section 265.04, [criminal use
23 of a firearm in the first degree as defined in section 265.09,] criminal
24 sale of a firearm in the first degree as defined in section 265.13,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11492-01-5
S. 7258 2
1 aggravated assault upon a police officer or a peace officer as defined
2 in section 120.11, gang assault in the first degree as defined in
3 section 120.07, intimidating a victim or witness in the first degree as
4 defined in section 215.17, hindering prosecution of terrorism in the
5 first degree as defined in section 490.35, criminal possession of a
6 chemical weapon or biological weapon in the second degree as defined in
7 section 490.40, and criminal use of a chemical weapon or biological
8 weapon in the third degree as defined in section 490.47.
9 (b) Class C violent felony offenses: an attempt to commit any of the
10 class B felonies set forth in paragraph (a) of this subdivision; aggra-
11 vated criminally negligent homicide as defined in section 125.11, aggra-
12 vated manslaughter in the second degree as defined in section 125.21,
13 aggravated sexual abuse in the second degree as defined in section
14 130.67, assault on a peace officer, police officer, firefighter or emer-
15 gency medical services professional as defined in section 120.08,
16 assault on a judge as defined in section 120.09, gang assault in the
17 second degree as defined in section 120.06, strangulation in the first
18 degree as defined in section 121.13, aggravated strangulation as defined
19 in section 121.13-a, burglary in the second degree as defined in section
20 140.25, robbery in the second degree as defined in section 160.10, crim-
21 inal possession of a weapon in the second degree as defined in section
22 265.03, [criminal use of a firearm in the second degree as defined in
23 section 265.08,] criminal sale of a firearm in the second degree as
24 defined in section 265.12, criminal sale of a firearm with the aid of a
25 minor as defined in section 265.14, aggravated criminal possession of a
26 weapon as defined in section 265.19, soliciting or providing support for
27 an act of terrorism in the first degree as defined in section 490.15,
28 hindering prosecution of terrorism in the second degree as defined in
29 section 490.30, and criminal possession of a chemical weapon or biolog-
30 ical weapon in the third degree as defined in section 490.37.
31 § 2. Sections 265.08 and 265.09 of the penal law are REPEALED and a
32 new section 265.70 is added to read as follows:
33 § 265.70 Criminal use of a firearm.
34 A person is guilty of criminal use of a firearm when such person
35 commits a class A felony or a violent felony offense, as defined in
36 subdivision one of section 70.02 of this chapter and such person either:
37 1. possesses a deadly weapon, if such weapon is a loaded weapon from
38 which a shot, readily capable of producing death or serious physical
39 injury may be discharged; or
40 2. displays what appears to be or is a pistol, revolver, rifle, shot-
41 gun, machine gun or other firearm.
42 Criminal use of a firearm is a class A-I felony.
43 § 3. Paragraph f of subdivision 1 of section 410 of the general busi-
44 ness law, as amended by chapter 189 of the laws of 2018, is amended to
45 read as follows:
46 f. Conviction of any of the following crimes subsequent to the issu-
47 ance of a license or registration pursuant to this article: fraud pursu-
48 ant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and
49 190.65; falsifying business records pursuant to section 175.10; grand
50 larceny pursuant to article 155; bribery pursuant to sections 180.03,
51 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
52 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40;
53 assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery
54 pursuant to article 160; homicide pursuant to sections 125.25 and
55 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping
56 and unlawful imprisonment pursuant to sections 135.10, 135.20 and
S. 7258 3
1 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03
2 and 265.04; criminal use of a weapon pursuant to former sections 265.08
3 and 265.09, and section 265.70; criminal sale of a weapon pursuant to
4 sections 265.11 and 265.12; compelling prostitution pursuant to section
5 230.33; sex trafficking pursuant to section 230.34; sex trafficking of a
6 child pursuant to section 230.34-a; and sex offenses pursuant to article
7 130 of the penal law. Provided, however, that for the purposes of this
8 article, none of the following shall be considered criminal convictions
9 or reported as such: (i) a conviction for which an executive pardon has
10 been issued pursuant to the executive law; (ii) a conviction which has
11 been vacated and replaced by a youthful offender finding pursuant to
12 article seven hundred twenty of the criminal procedure law, or the
13 applicable provisions of law of any other jurisdiction; or (iii) a
14 conviction the records of which have been expunged or sealed pursuant to
15 the applicable provisions of the laws of this state or of any other
16 jurisdiction; and (iv) a conviction for which other evidence of success-
17 ful rehabilitation to remove the disability has been issued.
18 § 4. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
19 and traffic law, as amended by chapter 23 of the laws of 2024, is
20 amended to read as follows:
21 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
22 subdivision one and paragraph (a) of subdivision two of this section
23 that result in permanent disqualification shall include a conviction
24 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
25 125.25, 125.26, 125.27, 130.30, 130.35, former sections 130.45 and
26 130.50, sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,
27 130.95, 130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 230.34-a,
28 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 and 265.70 of the penal
29 law or an attempt to commit any of the aforesaid offenses under section
30 110.00 of the penal law, or any offenses committed under a former
31 section of the penal law which would constitute violations of the afore-
32 said sections of the penal law, or any offenses committed outside this
33 state which would constitute violations of the aforesaid sections of the
34 penal law.
35 § 5. This act shall take effect on the first of November next succeed-
36 ing the date on which it shall have become a law; provided that the
37 provisions of sections one and two of this act shall only apply to
38 offenses committed on or after such effective date.
