senate Bill S725A

Amends the definition of disguised gun to include certain guns that are designed and intended to appear to be a toy gun

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2009
    • REFERRED TO CODES
  • 06 / Jan / 2010
    • REFERRED TO CODES
  • 17 / Feb / 2010
    • AMEND AND RECOMMIT TO CODES
  • 17 / Feb / 2010
    • PRINT NUMBER 725A

Summary

Amends the definition of a "disguised gun" to include a weapon or device capable of being concealed on a person from which a shot can be discharged through the energy of an explosive which is designed and intended to appear to be a toy gun.

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Bill Details

See Assembly Version of this Bill:
A5078A
Versions:
S725
S725A
Legislative Cycle:
2009-2010
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง265.00 & 265.10, Pen L
Versions Introduced in 2007-2008 Legislative Cycle:
S3868, A2868

Sponsor Memo

BILL NUMBER: S725A

TITLE OF BILL :
An act to amend the penal law, in relation to redefining the term
"disguised gun" to include any rifle, pistol, shotgun or machine-gun
resembling a toy gun and prohibiting the possession, manufacture or
design thereof


PURPOSE OR GENERAL IDEA OF BILL :
Amends the definition of disguised gun to include certain guns that
are designed and intended to appear to be a toy gun.

SUMMARY OF SPECIFIC PROVISIONS :
This bill would expand the definition of "Disguised Gun" contained in
Subdivision 20 of section 265.00 of the Penal Law as added by Chapter
378 of the Laws of 1998 to include guns designed and intended to
appear to be a toy gun by displaying a color finish other than the
original manufacture color, a decorative pattern or plastic like
surface, provided, however, that any rifle or shotgun displaying a
camouflage color finish or pattern which is intended for hunting, as
defined by article eleven of the environmental conservation law, shall
not be considered a "disguised gun."

Section 265.10 of the penal law is amended by adding a new subdivision
8 which states that "Any person, dealer, firm, partnership or
corporation who intentionally designs or transforms a rifle, pistol,
shotgun or machine-gun to resemble a toy gun by either altering or
concealing the original color or surface of the gun with the purpose
of selling such weapon is guilty of a class D felony."

JUSTIFICATION :
Guns that are disguised to appear to be toy guns pose a real threat to
the citizenry of this state. While the current number of reported
cases of such guns are not numerous, such cases are becoming more
commonplace and can be expected to continue increasing in the future.
Banning such guns is a logical extension of the ban on disguised guns.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

EFFECTIVE DATE :
First of November next succeeding the date on which it shall have
become a law.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 725--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced by Sens. C. JOHNSON, ADAMS, DIAZ, DUANE, KRUEGER, MONTGOMERY,
  ONORATO, SAMPSON, SERRANO, THOMPSON -- read twice and ordered printed,
  and  when  printed to be committed to the Committee on Codes -- recom-
  mitted 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

AN ACT to amend the penal  law,  in  relation  to  redefining  the  term
  "disguised  gun"  to include any rifle, pistol, shotgun or machine-gun
  resembling a toy gun and prohibiting the  possession,  manufacture  or
  design thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 20 of section 265.00 of the penal law, as added
by chapter 378 of the laws of 1998, is amended to read as follows:
  20. "Disguised gun" means  any  weapon  or  device  capable  of  being
concealed  on the person from which a shot can be discharged through the
energy of an explosive and is designed and  intended  to  appear  to  be
EITHER;  (A)  something  other  than  a gun; OR (B) A TOY GUN THAT SHALL
INCLUDE,  BUT  NOT  BE  LIMITED  TO,  ANY  RIFLE,  PISTOL,  SHOTGUN   OR
MACHINE-GUN  DISPLAYING  A COLOR FINISH OTHER THAN THE ORIGINAL MANUFAC-
TURE COLOR, A DECORATIVE PATTERN  OR  PLASTIC  LIKE  SURFACE;  PROVIDED,
HOWEVER,  THAT ANY RIFLE OR SHOTGUN DISPLAYING A CAMOUFLAGE COLOR FINISH
OR PATTERN THAT IS INTENDED FOR HUNTING, AS DEFINED BY ARTICLE ELEVEN OF
THE ENVIRONMENTAL CONSERVATION LAW, SHALL NOT BE CONSIDERED A "DISGUISED
GUN" FOR PURPOSES OF THIS SECTION.
  S 2. Section 265.10 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ANY PERSON, DEALER, FIRM, PARTNERSHIP  OR  CORPORATION  WHO  INTEN-
TIONALLY  DESIGNS  OR TRANSFORMS A RIFLE, PISTOL, SHOTGUN OR MACHINE-GUN
TO RESEMBLE A TOY GUN BY EITHER  ALTERING  OR  CONCEALING  THE  ORIGINAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05837-03-0

S. 725--A                           2

COLOR  OR  SURFACE OF THE GUN WITH THE PURPOSE OF SELLING SUCH WEAPON IS
GUILTY OF A CLASS D FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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