Add SS265.45, 265.18, 265.19 & 265.27, amd SS60.05 & 80.00, Pen L; amd S661, Ed L
Enacts the Gun Trafficking Prevention Act; creates offenses of illegal gun trafficking, criminal possession of a weapon by a minor, criminal use of a weapon by a minor, and lost or stolen firearm to be reported; also amends penalties and eligibility for tuition awards by students on probation or parole for weapons convictions.
STATE OF NEW YORK
________________________________________________________________________
10069
IN ASSEMBLY
March 3, 2010
___________
Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the prohibition of illegal
gun trafficking, criminal possession of a weapon by a minor and crimi-
nal use of a weapon by a minor, failure to report a lost or stolen
firearm, and fines for gun trafficking; and to amend the education
law, in relation to the eligibility for tuition awards to students on
probation or parole for weapons convictions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Gun Trafficking Prevention Act".
3 § 2. The penal law is amended by adding a new section 265.45 to read
4 as follows:
5 § 265.45 Illegal gun trafficking.
6 A person is guilty of illegal gun trafficking when such person know-
7 ingly and intentionally distributes, transports, ships, receives,
8 barters, purchases or sells any firearm which has:
9 1. been used during the commission of a crime;
10 2. been stolen;
11 3. had the importer's or manufacturer's serial number removed, oblit-
12 erated or altered; or
13 4. been defaced.
14 Illegal gun trafficking is a class B felony.
15 § 3. The penal law is amended by adding two new sections 265.18 and
16 265.19 to read as follows:
17 § 265.18 Criminal possession of a weapon by a minor.
18 1. A person is guilty of criminal possession of a weapon by a minor
19 when, being under eighteen years of age, he or she possesses any
20 firearm, rifle or shotgun.
21 2. The provisions of this section shall not apply to any person who
22 possesses a rifle or shotgun and is the holder of a hunting license or
23 permit issued pursuant to article eleven of the environmental conserva-
24 tion law and used in accordance with such article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15222-01-0
A. 10069 2
1 Criminal possession of a weapon by a minor is a class D felony.
2 § 265.19 Criminal use of a weapon by a minor.
3 A person is guilty of criminal use of a weapon by a minor when, being
4 under eighteen years of age, he or she commits any crime and possesses a
5 firearm, rifle or shotgun while in the course of committing such crime.
6 Criminal use of a weapon by a minor is a class C felony.
7 § 4. Subdivisions 4 and 5 of section 60.05 of the penal law, as
8 amended by chapter 738 of the laws of 2004, are amended to read as
9 follows:
10 4. Certain class C felonies. Except as provided in subdivision six,
11 every person convicted of a class C violent felony offense as defined in
12 subdivision one of section 70.02 of this title, must be sentenced to
13 imprisonment in accordance with section 70.02 of this title; and, except
14 as provided in subdivision six of this section, every person convicted
15 of the class C felonies of: attempt to commit any of the class B felo-
16 nies of bribery in the first degree as defined in section 200.04, bribe
17 receiving in the first degree as defined in section 200.12, conspiracy
18 in the second degree as defined in section 105.15 and criminal mischief
19 in the first degree as defined in section 145.12; criminal usury in the
20 first degree as defined in section 190.42, rewarding official misconduct
21 in the first degree as defined in section 200.22, receiving reward for
22 official misconduct in the first degree as defined in section 200.27,
23 attempt to promote prostitution in the first degree as defined in arti-
24 cle one hundred ten and section 230.32, promoting prostitution in the
25 second degree as defined in section 230.30, criminal use of a weapon by
26 a minor as defined in section 265.19, arson in the third degree as
27 defined in section 150.10 of this chapter, must be sentenced to impri-
28 sonment in accordance with section 70.00 of this title.
29 5. Certain class D felonies. Except as provided in subdivision six of
30 this section, every person convicted of the class D felonies of assault
31 in the second degree as defined in section 120.05, criminal possession
32 of a weapon by a minor as defined in section 265.18 or attempt to commit
33 a class C felony as defined in section 230.30 of this chapter, must be
34 sentenced in accordance with section 70.00 or 85.00 of this title.
35 § 5. The penal law is amended by adding a new section 265.27 to read
36 as follows:
37 § 265.27 Lost or stolen firearm to be reported.
38 An owner of one or more firearms shall report each incidence of a lost
39 or stolen firearm to the police authorities of the city, town or village
40 where such person reporting is located within seventy-two hours of such
41 loss or theft, or discovery of such loss or theft.
42 An intentional failure to make such report is a class A misdemeanor.
43 § 6. Paragraph d of subdivision 6 of section 661 of the education law,
44 as added by chapter 83 of the laws of 1995, is amended to read as
45 follows:
46 d. No student who is incarcerated in any federal, state or other penal
47 institution shall be eligible for any general or academic performance
48 award made pursuant to this article. No student who has been convicted
49 of any weapons possession, transport or sale charge and is currently on
50 probation or parole for such conviction shall be eligible to apply for
51 or receive any general or academic performance award made pursuant to
52 this article until such student is successfully discharged from
53 probation or parole whereupon such student shall be eligible to apply
54 for such awards for the next succeeding academic semester.
A. 10069 3
1 § 7. Paragraph c of subdivision 1 of section 80.00 of the penal law,
2 as amended by chapter 338 of the laws of 1989, is amended to read as
3 follows:
4 c. if the conviction is for any felony defined in article two hundred
5 twenty [or], two hundred twenty-one or section 265.45 of this chapter,
6 according to the following schedule:
7 (i) for A-I felonies, one hundred thousand dollars;
8 (ii) for A-II felonies, fifty thousand dollars;
9 (iii) for B felonies, thirty thousand dollars;
10 (iv) for C felonies, fifteen thousand dollars.
11 When imposing a fine pursuant to the provisions of this paragraph, the
12 court shall consider the profit gained by defendant's conduct, whether
13 the amount of the fine is disproportionate to the conduct in which
14 defendant engaged, its impact on any victims, and defendant's economic
15 circumstances, including the defendant's ability to pay, the effect of
16 the fine upon his or her immediate family or any other persons to whom
17 the defendant owes an obligation of support.
18 § 8. This act shall take effect immediately, provided that:
19 a. sections two, three and five of this act shall take effect on the
20 first of November next succeeding the date on which it shall have become
21 a law;
22 b. sections four and seven of this act shall take effect on the one
23 hundred twentieth day after it shall have become a law; and
24 c. section six of this act shall take effect immediately and shall
25 apply to tuition awards for the 2010-2011 academic year and all subse-
26 quent academic years.
