Amends the definition of a "disguised gun" to include a weapon or device capable of being concealed on a person from which a shot can be discharged through the energy of an explosive which is designed and intended to appear to be a toy gun.
STATE OF NEW YORK
________________________________________________________________________
6947
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
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Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to redefining the term
"disguised gun" to include any rifle, pistol, shotgun or machine-gun
resembling a toy gun and prohibiting the possession, manufacture or
design thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 20 of section 265.00 of the penal law, as added
2 by chapter 378 of the laws of 1998, is amended to read as follows:
3 20. "Disguised gun" means any weapon or device capable of being
4 concealed on the person from which a shot can be discharged through the
5 energy of an explosive and is designed and intended to appear to be
6 either; (a) something other than a gun; or (b) a toy gun that shall
7 include, but not be limited to, any rifle, pistol, shotgun or machine-
8 gun displaying a color finish other than the original manufacture color,
9 a decorative pattern or plastic like surface; provided, however, that
10 any rifle or shotgun displaying a camouflage color finish or pattern
11 that is intended for hunting, as defined by article eleven of the envi-
12 ronmental conservation law, shall not be considered a "disguised gun"
13 for purposes of this section.
14 § 2. Section 265.10 of the penal law is amended by adding a new subdi-
15 vision 8 to read as follows:
16 8. Any person, dealer, firm, partnership or corporation who inten-
17 tionally designs or transforms a rifle, pistol, shotgun or machine-gun
18 to resemble a toy gun by either altering or concealing the original
19 color or surface of the gun with the purpose of selling such weapon is
20 guilty of a class D felony.
21 § 3. This act shall take effect on the first of November next succeed-
22 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.
LBD10401-01-9
