STATE OF NEW YORK
________________________________________________________________________
1714
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
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Introduced by Sens. ESPAILLAT, AVELLA, KRUEGER -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing penalties for
the sale and possession of weapons; and to repeal certain provisions
of law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 8 of section 265.02 of the penal law is
2 REPEALED.
3 § 2. Subdivision 3 of section 265.03 of the penal law, as amended by
4 chapter 745 of the laws of 2006, is amended and a new subdivision 4 is
5 added to read as follows:
6 (3) such person possesses any loaded firearm. Such possession shall
7 not, except as provided in subdivision one or seven of section 265.02 of
8 this article, constitute a violation of this subdivision if such
9 possession takes place in such person's home or place of business[.]; or
10 (4) such person possesses a large capacity ammunition feeding device.
11 § 3. Subdivisions 1, 2, 3, and 6 of section 265.10 of the penal law,
12 subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008 and
13 subdivisions 3 and 6 as amended by chapter 189 of the laws of 2000, are
14 amended to read as follows:
15 1. Any person who manufactures or causes to be manufactured any
16 machine-gun, assault weapon, large capacity ammunition feeding device or
17 disguised gun is guilty of a class [D] C felony. Any person who manufac-
18 tures or causes to be manufactured any switchblade knife, gravity knife,
19 pilum ballistic knife, metal knuckle knife, billy, blackjack, bludgeon,
20 plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag,
21 sandclub or slungshot is guilty of a class A misdemeanor.
22 2. Any person who transports or ships any machine-gun, firearm silenc-
23 er, assault weapon or large capacity ammunition feeding device or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05301-01-3
S. 1714 2
1 disguised gun, or who transports or ships as merchandise five or more
2 firearms, is guilty of a class [D] C felony. Any person who transports
3 or ships as merchandise any firearm, other than an assault weapon,
4 switchblade knife, gravity knife, pilum ballistic knife, billy,
5 blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star,
6 chuka stick, sandbag or slungshot is guilty of a class A misdemeanor.
7 3. Any person who disposes of any machine-gun, assault weapon, large
8 capacity ammunition feeding device or firearm silencer is guilty of a
9 class [D] C felony. Any person who knowingly buys, receives, disposes
10 of, or conceals a machine-gun, firearm, large capacity ammunition feed-
11 ing device, rifle or shotgun which has been defaced for the purpose of
12 concealment or prevention of the detection of a crime or misrepresenting
13 the identity of such machine-gun, firearm, large capacity ammunition
14 feeding device, rifle or shotgun is guilty of a class [D] C felony.
15 6. Any person who wilfully defaces any machine-gun, large capacity
16 ammunition feeding device or firearm is guilty of a class [D] C felony.
17 § 4. The closing paragraph of section 265.11 of the penal law, as
18 amended by chapter 764 of the laws of 2005, is amended to read as
19 follows:
20 Criminal sale of a firearm in the third degree is a class [D] C felo-
21 ny.
22 § 5. This act shall take effect on the ninetieth day after it shall
23 have become a law.
