Increases the penalty for a person convicted of a felony or serious offense for possessing a rifle, shotgun, or other long gun from a misdemeanor to a felony.
STATE OF NEW YORK
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8782
IN SENATE
April 14, 2022
___________
Introduced by Sen. KAPLAN -- 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 the possession of a rifle,
shotgun, or other long gun by a person convicted of a felony or seri-
ous offense; and to repeal certain provisions of such law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3 and 4 of section 265.01 of the penal law are
2 REPEALED.
3 § 2. Subdivision 10 of section 265.02 of the penal law, as added by
4 chapter 1 of the laws of 2013, is amended and a new subdivision 11 is
5 added to read as follows:
6 (10) Such person possesses an unloaded firearm and also commits any
7 violent felony offense as defined in subdivision one of section 70.02 of
8 this chapter as part of the same criminal transaction[.]; or
9 (11) Such person possesses a rifle, shotgun, antique firearm, black
10 powder rifle, black powder shotgun, or any muzzle-loading firearm, and
11 has been convicted of a felony or serious offense.
12 § 3. Subdivision 3 of section 265.03 of the penal law, as amended by
13 chapter 745 of the laws of 2006, is amended and a new subdivision 4 is
14 added to read as follows:
15 (3) such person possesses any loaded firearm. Such possession shall
16 not, except as provided in subdivision one or seven of section 265.02 of
17 this article, constitute a violation of this subdivision if such
18 possession takes place in such person's home or place of business[.]; or
19 (4) such person possesses a loaded rifle, shotgun, antique firearm,
20 black powder rifle, black powder shotgun, or any muzzle-loading firearm,
21 and has been convicted of a felony or serious offense.
22 § 4. Paragraph 5 of subdivision a of section 265.20 of the penal law,
23 as amended by chapter 235 of laws of 2007, is amended to read as
24 follows:
25 5. Possession of a rifle or shotgun by a person other than a person
26 who has been convicted of a class A-I felony or a violent felony
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15304-01-2
S. 8782 2
1 offense, as defined in subdivision one of section 70.02 of this chapter,
2 who has been convicted as specified in [subdivision four of section
3 265.01] subdivision eleven of section 265.02 and subdivision four of
4 section 265.03 of this article to whom a certificate of good conduct has
5 been issued pursuant to section seven hundred three-b of the correction
6 law.
7 § 5. This act shall take effect on the thirtieth day after it shall
8 have become a law.
