Reduces the number of firearms sold as an element of criminal sale in the first and second degrees; provides that possession of three of more firearms is presumptive evidence of intent to sell.
STATE OF NEW YORK
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S. 8173 A. 9041
SENATE - ASSEMBLY
January 31, 2022
___________
IN SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. LAVINE -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal sale of firearms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 265.12 and 265.13 of the penal law, as amended by
2 chapter 764 of the laws of 2005, are amended to read as follows:
3 § 265.12 Criminal sale of a firearm in the second degree.
4 A person is guilty of criminal sale of a firearm in the second degree
5 when such person:
6 (1) unlawfully sells, exchanges, gives or disposes of to another five
7 or more firearms; or
8 (2) unlawfully sells, exchanges, gives or disposes of to another
9 person or persons a total of [five] two or more firearms in a period of
10 not more than one year.
11 Criminal sale of a firearm in the second degree is a class C felony.
12 § 265.13 Criminal sale of a firearm in the first degree.
13 A person is guilty of criminal sale of a firearm in the first degree
14 when such person:
15 (1) unlawfully sells, exchanges, gives or disposes of to another ten
16 or more firearms; or
17 (2) unlawfully sells, exchanges, gives or disposes of to another
18 person or persons a total of [ten] three or more firearms in a period of
19 not more than one year.
20 Criminal sale of a firearm in the first degree is a class B felony.
21 § 2. Subdivision 6 of section 265.15 of the penal law, as added by
22 chapter 233 of the laws of 1980, is amended to read as follows:
23 6. The possession of [five] three or more firearms by any person is
24 presumptive evidence that such person possessed the firearms with the
25 intent to sell same.
26 § 3. This act shall take effect on the thirtieth day after it shall
27 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14469-01-2
