NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3659
SPONSOR: Durso TITLE OF BILL:
An act to amend the penal law, in relation to classifying criminal
possession of a firearm from a class E felony to a class D felony
PURPOSE OR GENERAL IDEA OF BILL:
This bill will change the felony classification of criminal possession a
firearm, which by definition in New York State occurs when a person
possesses any firearm that is not licensed or registered, from a class E
felony to .a class D felony.
SUMMARY OF PROVISIONS:
Section 1. Section 265.01-b of the penal law, as added by chapter 1 of
the laws of 2013, is amended to read as follows: § 265.01-b Criminal
possession of a firearm. A person is guilty of criminal possession of a
firearm when he or she:(1) possesses any firearm or; (2) lawfully
possesses a firearm prior to the effective date of the chapter one of
the laws of two thousand thirteen which added this section subject to
the registration requirements of subdivision sixteen-a of section 400.00
of this chapter and knowingly fails to register such firearm pursuant to
such subdivision. Criminal possession of a firearm is a class E to a
class D felony.
JUSTIFICATION:
New York has some of the strictest gun laws in the country, however,
bail reform, soft-on-crime policies and an abundance of Illegal guns on
our streets have led to an alarming increase in violence, crime and
murder. These laws have created a public safety emergency, putting our
communities and law enforcement officers at increased risk. This bill
was proposed as a result of the growing crime rate and would increase
the sentencing guidelines for possession of an illegal gun. As state
lawmakers, it is our fundamental obligation to protect law abiding resi-
dents and police officers by enacting and enforcing laws that hold
perpetrators accountable for their crimes against humanity. Illegal guns
are not only to blame for this public safety crisis; but also, the crim-
inals who pull the trigger.
PRIOR LEGISLATIVE HISTORY:
2024: A4525 Referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
3659
2025-2026 Regular Sessions
IN ASSEMBLY
January 29, 2025
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to classifying criminal
possession of a firearm from a class E felony to a class D felony
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.01-b of the penal law, as added by chapter 1 of
2 the laws of 2013, is amended to read as follows:
3 § 265.01-b Criminal possession of a firearm.
4 A person is guilty of criminal possession of a firearm when [he or
5 she] such person: (1) possesses any firearm or; (2) lawfully possesses
6 a firearm prior to the effective date of [the] chapter one of the laws
7 of two thousand thirteen [which added this section] subject to the
8 registration requirements of subdivision sixteen-a of section 400.00 of
9 this chapter and knowingly fails to register such firearm pursuant to
10 such subdivision.
11 Criminal possession of a firearm is a class [E] D felony.
12 § 2. This act shall take effect on the thirtieth day after it shall
13 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00419-01-5
