senate Bill S145A

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

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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

  • 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.

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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:S145A

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, 265.50 and
265.55. Section 265.50 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
265.55 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 years
(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, subdivision 1, para-
graphs (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: 2013: S. 145-A - Amend and Recommit to Codes
2012: S.558-B - Amend and Recommit to Crime Victims, Crime and
Corrections/A.1644- B -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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. DIAZ, AVELLA -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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  265.50
and 265.55 to read as follows:
S 265.50 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 265.55 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,  as amended by chapter 1 of the laws of 2013, are amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01016-02-3

S. 145--A                           2

  (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 criminal possession of  a
weapon  as  defined in section 265.19, AGGRAVATED SALE OF A FIREARM TO A
MINOR AS DEFINED IN SECTION 265.55, 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, eight,
nine or ten 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 DESCRIBED IN SECTION 265.50, 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,  provided,  however,
that  if chapter 1 of the laws of 2013 shall not have taken effect on or
before such date then section two of this act shall take effect  on  the
same  date  and  in  the same manner as such chapter of the laws of 2013
takes effect.

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