senate Bill S145

Amended

Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 06 / Feb / 2013
    • AMEND AND RECOMMIT TO CODES
  • 06 / Feb / 2013
    • PRINT NUMBER 145A
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor.

do you support this bill?

Bill Details

Versions:
S145
S145A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§265.50 & 265.55, amd §70.02, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S558B
2009-2010: S7680

Sponsor Memo

BILL NUMBER:S145

TITLE OF BILL:
An act
to amend the penal law, in relation to firearms

PURPOSE OR GENERAL IDEA OF BILL:
Creates two new crimes of aggravated sale of a firearm and aggravated
sale of a firearm to a minor.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the Penal Law by adding two new sections, 265.45 and
265.50.
Section 265.45 provides that an individual is guilty of a class "D"
felony, aggravated sale of a firearm, when he or she knowingly and
unlawfully sells, exchanges, gives or disposes of a firearm, which he
or she knows has been either used in the commission of a felony
offense, has been stolen from its lawful owner, or has been defaced.
Section 265.50 states that a person is guilty of a class "C" felony,
aggravated sale of a firearm to a minor, when being over the age of
eighteen (18), he or she, commits the crime of aggravated sale of a
firearm to a person who the defendant believes to be less than
eighteen years (18).

Section 2. Amends the Penal Law, Section 70.02, paragraphs (b) and
(c). Adds aggravated sale of a firearm to minor as a class C violent
felony offense and aggravated sale of a firearm as a class D violent
felony offense.

Section 3. Effective Date

EXISTING LAW:
None.

JUSTIFICATION:
This bill targets individuals who intentionally sell firearms to
persons who the seller believes to be under eighteen years (18) of
age and individuals who traffic in firearms that have previously been
used in the commission of a felony offense or stolen from their
lawful owners or defaced to prevent them from being traced. Traffic
in these "crime guns" is a particularly pernicious type of criminal
conduct, which plagues many communities of our state.

PRIOR LEGISLATIVE HISTORY:
2012: S.558B - Amend and Recommit to Crime Victims, Crime and
Corrections/A.1644B, Advanced to Third Reading
2011: S.558 - Discharged from Codes and Committed to Crime Victims,
Crime and Correction/A.1644 - Advanced to Third Reading Calendar
2010: S.7680 - Passed Senate/A.10910 - Advanced to Third Reading

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   145

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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 firearms

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

  Section  1. The penal law is amended by adding two new sections 265.45
and 265.50 to read as follows:
S 265.45 AGGRAVATED SALE OF A FIREARM.
  A PERSON IS GUILTY OF AGGRAVATED SALE OF A FIREARM  WHEN  SUCH  PERSON
KNOWINGLY  AND  UNLAWFULLY  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF A
FIREARM TO A PERSON WHICH HE OR SHE KNOWS HAS BEEN:
  1. USED IN THE COMMISSION OF A FELONY OFFENSE;
  2. STOLEN FROM ITS LAWFUL OWNER; OR
  3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00  OF  THIS
ARTICLE.
  AGGRAVATED SALE OF A FIREARM IS A CLASS D FELONY.
S 265.50 AGGRAVATED SALE OF A FIREARM TO A MINOR.
  A  PERSON  OVER  THE AGE OF EIGHTEEN IS GUILTY OF AGGRAVATED SALE OF A
FIREARM TO A MINOR WHEN SUCH  PERSON  KNOWINGLY  AND  UNLAWFULLY  SELLS,
EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO A PERSON WHO IS, OR WHO THE
DEFENDANT  BELIEVES  TO  BE LESS THAN EIGHTEEN YEARS OF AGE, WHICH HE OR
SHE KNOWS HAS BEEN:
  1. USED IN THE COMMISSION OF A FELONY OFFENSE;
  2. STOLEN FROM ITS LAWFUL OWNER; OR
  3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00  OF  THIS
ARTICLE.
  AGGRAVATED SALE OF A FIREARM TO A MINOR IS A CLASS C FELONY.
  S  2.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (b) as amended by chapter 148 of the laws  of  2011

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01016-01-3

S. 145                              2

and  paragraph  (c)  as  amended by chapter 405 of the laws of 2010, are
amended to read as follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined  in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined  in  section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal  possession  of a weapon in the second degree as defined in section
265.03, criminal use of a firearm in the second  degree  as  defined  in
section  265.08,  criminal  sale  of  a  firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as  defined  in section 265.14, AGGRAVATED SALE OF A FIREARM TO A
MINOR AS DEFINED IN SECTION 265.50, soliciting or providing support  for
an  act  of  terrorism in the first degree as defined in section 490.15,
hindering prosecution of terrorism in the second degree  as  defined  in
section  490.30, and criminal possession of a chemical weapon or biolog-
ical weapon in the third degree as defined in section 490.37.
  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section  120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined  in
section  121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in  section  130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual  conduct  against  a  child  in  the  second degree as defined in
section 130.80, aggravated sexual abuse in the third degree  as  defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance as defined in section 130.90, criminal possession of a  weapon
in  the third degree as defined in subdivision five, six, seven or eight
of section 265.02, criminal sale of a firearm in  the  third  degree  as
defined  in  section  265.11,  intimidating  a  victim or witness in the
second degree as defined in  section  215.16,  soliciting  or  providing
support  for  an  act  of  terrorism  in the second degree as defined in
section 490.10, and making a terroristic threat as  defined  in  section
490.20,  falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb  or  hazardous
substance  in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, AGGRAVATED SALE  OF
A  FIREARM  AS DEFINED IN SECTION 265.45, and aggravated unpermitted use
of indoor pyrotechnics in the first degree as defined in section 405.18.
  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.