STATE OF NEW YORK
________________________________________________________________________
1644--B
2011-2012 Regular Sessions
IN ASSEMBLY
January 11, 2011
___________
Introduced by M. of A. KAVANAGH, RAMOS, P. RIVERA, WEPRIN, GIBSON --
Multi-Sponsored by -- M. of A. LINARES, McDONOUGH -- read once and
referred to the Committee on Codes -- recommitted to the Committee on
Codes in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to firearms
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 two new sections 265.45
2 and 265.50 to read as follows:
3 § 265.45 Aggravated sale of a firearm.
4 A person is guilty of aggravated sale of a firearm when such person
5 knowingly and unlawfully sells, exchanges, gives or disposes of a
6 firearm to a person which he or she knows has been:
7 1. used in the commission of a felony offense;
8 2. stolen from its lawful owner; or
9 3. defaced as defined by subdivision seven of section 265.00 of this
10 article.
11 Aggravated sale of a firearm is a class D felony.
12 § 265.50 Aggravated sale of a firearm to a minor.
13 A person over the age of eighteen is guilty of aggravated sale of a
14 firearm to a minor when such person knowingly and unlawfully sells,
15 exchanges, gives or disposes of a firearm to a person who is, or who the
16 defendant believes to be less than eighteen years of age, which he or
17 she knows has been:
18 1. used in the commission of a felony offense;
19 2. stolen from its lawful owner; or
20 3. defaced as defined by subdivision seven of section 265.00 of this
21 article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03334-05-2
A. 1644--B 2
1 Aggravated sale of a firearm to a minor is a class C felony.
2 § 2. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
3 penal law, paragraph (b) as amended by chapter 148 of the laws of 2011
4 and paragraph (c) as amended by chapter 405 of the laws of 2010, are
5 amended to read as follows:
6 (b) Class C violent felony offenses: an attempt to commit any of the
7 class B felonies set forth in paragraph (a) of this subdivision; aggra-
8 vated criminally negligent homicide as defined in section 125.11, aggra-
9 vated manslaughter in the second degree as defined in section 125.21,
10 aggravated sexual abuse in the second degree as defined in section
11 130.67, assault on a peace officer, police officer, fireman or emergency
12 medical services professional as defined in section 120.08, assault on a
13 judge as defined in section 120.09, gang assault in the second degree as
14 defined in section 120.06, strangulation in the first degree as defined
15 in section 121.13, burglary in the second degree as defined in section
16 140.25, robbery in the second degree as defined in section 160.10, crim-
17 inal possession of a weapon in the second degree as defined in section
18 265.03, criminal use of a firearm in the second degree as defined in
19 section 265.08, criminal sale of a firearm in the second degree as
20 defined in section 265.12, criminal sale of a firearm with the aid of a
21 minor as defined in section 265.14, aggravated sale of a firearm to a
22 minor as defined in section 265.50, soliciting or providing support for
23 an act of terrorism in the first degree as defined in section 490.15,
24 hindering prosecution of terrorism in the second degree as defined in
25 section 490.30, and criminal possession of a chemical weapon or biolog-
26 ical weapon in the third degree as defined in section 490.37.
27 (c) Class D violent felony offenses: an attempt to commit any of the
28 class C felonies set forth in paragraph (b); reckless assault of a child
29 as defined in section 120.02, assault in the second degree as defined in
30 section 120.05, menacing a police officer or peace officer as defined in
31 section 120.18, stalking in the first degree, as defined in subdivision
32 one of section 120.60, strangulation in the second degree as defined in
33 section 121.12, rape in the second degree as defined in section 130.30,
34 criminal sexual act in the second degree as defined in section 130.45,
35 sexual abuse in the first degree as defined in section 130.65, course of
36 sexual conduct against a child in the second degree as defined in
37 section 130.80, aggravated sexual abuse in the third degree as defined
38 in section 130.66, facilitating a sex offense with a controlled
39 substance as defined in section 130.90, criminal possession of a weapon
40 in the third degree as defined in subdivision five, six, seven or eight
41 of section 265.02, criminal sale of a firearm in the third degree as
42 defined in section 265.11, intimidating a victim or witness in the
43 second degree as defined in section 215.16, soliciting or providing
44 support for an act of terrorism in the second degree as defined in
45 section 490.10, and making a terroristic threat as defined in section
46 490.20, falsely reporting an incident in the first degree as defined in
47 section 240.60, placing a false bomb or hazardous substance in the first
48 degree as defined in section 240.62, placing a false bomb or hazardous
49 substance in a sports stadium or arena, mass transportation facility or
50 enclosed shopping mall as defined in section 240.63, aggravated sale of
51 a firearm as defined in section 265.45, and aggravated unpermitted use
52 of indoor pyrotechnics in the first degree as defined in section 405.18.
53 § 3. This act shall take effect on the first of November next succeed-
54 ing the date on which it shall have become a law.
