STATE OF NEW YORK
________________________________________________________________________
6401--B
Cal. No. 370
2019-2020 Regular Sessions
IN SENATE
June 7, 2019
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported favorably from said commit-
tee, ordered to first and second report, amended on second report,
ordered to a third reading, and to be reprinted as amended, retaining
its place in the order of third reading
AN ACT to amend the penal law, in relation to permitting 4-H certified
shooting sports instructors to supervise and instruct persons under
sixteen years of age at shooting ranges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 19 of section 265.00 of the penal law, as added
2 by chapter 446 of the laws of 1997, is amended to read as follows:
3 19. "Duly authorized instructor" means (a) a duly commissioned officer
4 of the United States army, navy, marine corps or coast guard, or of the
5 national guard of the state of New York; or (b) a duly qualified adult
6 citizen of the United States who has been granted a certificate as an
7 instructor in small arms practice issued by the United States army, navy
8 or marine corps, or by the adjutant general of this state, or by the
9 national rifle association of America, a not-for-profit corporation duly
10 organized under the laws of this state; [or] (c) by a person duly quali-
11 fied and designated by the department of environmental conservation
12 under paragraph [d] c of subdivision [six] three of section 11-0713 of
13 the environmental conservation law as its agent in the giving of
14 instruction and the making of certifications of qualification in respon-
15 sible hunting practices; or (d) a New York state 4-H certified shooting
16 sports instructor.
17 § 2. Paragraphs 7, 7-c, and 7-d of subdivision a of section 265.20 of
18 the penal law, paragraph 7 as amended by chapter 180 of the laws of 1998
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13021-07-0
S. 6401--B 2
1 and paragraphs 7-c and 7-d as added by chapter 651 of the laws of 1996,
2 are amended to read as follows:
3 7. Possession, at an indoor or outdoor shooting range for the purpose
4 of loading and firing, of a rifle or shotgun, the propelling force of
5 which is gunpowder by a person under sixteen years of age but not under
6 twelve, under the immediate supervision, guidance and instruction of (a)
7 a duly commissioned officer of the United States army, navy, air force,
8 marine corps or coast guard, or of the national guard of the state of
9 New York; or (b) a duly qualified adult citizen of the United States who
10 has been granted a certificate as an instructor in small arms practice
11 issued by the United States army, navy, air force or marine corps, or by
12 the adjutant general of this state, [or] by the national rifle associ-
13 ation of America, a not-for-profit corporation duly organized under the
14 laws of this state, or by a New York state 4-H certified shooting sports
15 instructor; or (c) a parent, guardian, or a person over the age of eigh-
16 teen designated in writing by such parent or guardian who shall have a
17 certificate of qualification in responsible hunting, including safety,
18 ethics, and landowner relations-hunter relations, issued or honored by
19 the department of environmental conservation; or (d) an agent of the
20 department of environmental conservation appointed to conduct courses in
21 responsible hunting practices pursuant to article eleven of the environ-
22 mental conservation law.
23 7-c. Possession for the purpose of loading and firing, of a rifle,
24 pistol or shotgun, the propelling force of which may be either air,
25 compressed gas or springs, by a person under sixteen years of age but
26 not under twelve, under the immediate supervision, guidance and instruc-
27 tion of (a) a duly commissioned officer of the United States army, navy,
28 marine corps or coast guard, or of the national guard of the state of
29 New York; or (b) a duly qualified adult citizen of the United States who
30 has been granted a certificate as an instructor in small arms practice
31 issued by the United States army, navy or marine corps, or by the adju-
32 tant general of this state, [or] by the national rifle association of
33 America, a not-for-profit corporation duly organized under the laws of
34 this state, or by a New York state 4-H certified shooting sports
35 instructor; or (c) a parent, guardian, or a person over the age of eigh-
36 teen designated in writing by such parent or guardian who shall have a
37 certificate of qualification in responsible hunting, including safety,
38 ethics, and landowner relations-hunter relations, issued or honored by
39 the department of environmental conservation.
40 7-d. Possession, at an indoor or outdoor shooting range for the
41 purpose of loading and firing, of a rifle, pistol or shotgun, the
42 propelling force of which may be either air, compressed gas or springs,
43 by a person under twelve years of age, under the immediate supervision,
44 guidance and instruction of (a) a duly commissioned officer of the
45 United States army, navy, marine corps or coast guard, or of the
46 national guard of the state of New York; or (b) a duly qualified adult
47 citizen of the United States who has been granted a certificate as an
48 instructor in small arms practice issued by the United States army, navy
49 or marine corps, or by the adjutant general of this state, [or] by the
50 national rifle association of America, a not-for-profit corporation duly
51 organized under the laws of this state, or by a New York state 4-H
52 certified shooting sports instructor; or (c) a parent, guardian, or a
53 person over the age of eighteen designated in writing by such parent or
54 guardian who shall have a certificate of qualification in responsible
55 hunting, including safety, ethics, and landowner relations-hunter
S. 6401--B 3
1 relations, issued or honored by the department of environmental conser-
2 vation.
3 § 3. Section 265.00 of the penal law is amended by adding a new subdi-
4 vision 31 to read as follows:
5 31. "New York state 4-H certified shooting instructor" means a certi-
6 fied shooting sports instructor of the National 4-H Shooting Sports, a
7 non-profit organization, engaged in shooting education and youth devel-
8 opment programming that is administered by the National Institute of
9 Food and Agriculture of the United States department of agriculture.
10 § 4. This act shall take effect immediately.