S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. ESPAILLAT -- 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 the prohibition of illegal
gun trafficking, criminal possession of a weapon by a minor and crimi-
nal use of a weapon by a minor, failure to report a lost or stolen
firearm, and fines for gun trafficking; and to amend the education
law, in relation to the eligibility for tuition awards to students on
probation or parole for weapons convictions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Gun Trafficking Prevention Act".
S 2. The penal law is amended by adding a new section 265.50 to read
S 265.50 ILLEGAL GUN TRAFFICKING.
A PERSON IS GUILTY OF ILLEGAL GUN TRAFFICKING WHEN SUCH PERSON KNOW-
INGLY AND INTENTIONALLY DISTRIBUTES, TRANSPORTS, SHIPS, RECEIVES,
BARTERS, PURCHASES OR SELLS ANY FIREARM WHICH HAS:
1. BEEN USED DURING THE COMMISSION OF A CRIME;
2. BEEN STOLEN;
3. HAD THE IMPORTER'S OR MANUFACTURER'S SERIAL NUMBER REMOVED, OBLIT-
ERATED OR ALTERED; OR
4. BEEN DEFACED.
ILLEGAL GUN TRAFFICKING IS A CLASS B FELONY.
S 3. The penal law is amended by adding two new sections 265.18 and
265.18-a to read as follows:
S 265.18 CRIMINAL POSSESSION OF A WEAPON BY A MINOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 1810--A 2
1. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON BY A MINOR
WHEN, BEING UNDER EIGHTEEN YEARS OF AGE, HE OR SHE POSSESSES ANY
FIREARM, RIFLE OR SHOTGUN.
2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO
POSSESSES A RIFLE OR SHOTGUN AND IS THE HOLDER OF A HUNTING LICENSE OR
PERMIT ISSUED PURSUANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
TION LAW AND USED IN ACCORDANCE WITH SUCH ARTICLE.
CRIMINAL POSSESSION OF A WEAPON BY A MINOR IS A CLASS D FELONY.
S 265.18-A CRIMINAL USE OF A WEAPON BY A MINOR.
A PERSON IS GUILTY OF CRIMINAL USE OF A WEAPON BY A MINOR WHEN, BEING
UNDER EIGHTEEN YEARS OF AGE, HE OR SHE COMMITS ANY CRIME AND POSSESSES A
FIREARM, RIFLE OR SHOTGUN WHILE IN THE COURSE OF COMMITTING SUCH CRIME.
CRIMINAL USE OF A WEAPON BY A MINOR IS A CLASS C FELONY.
S 4. Subdivisions 4 and 5 of section 60.05 of the penal law, subdivi-
sion 4 as amended by chapter 738 of the laws of 2004, subdivision 5 as
amended by chapter 405 of the laws of 2010, are amended to read as
4. Certain class C felonies. Except as provided in subdivision six OF
THIS SECTION, every person convicted of a class C violent felony offense
as defined in subdivision one of section 70.02 of this title, must be
sentenced to imprisonment in accordance with section 70.02 of this
title; and, except as provided in subdivision six of this section, every
person convicted of the class C felonies of: attempt to commit any of
the class B felonies of bribery in the first degree as defined in
section 200.04, bribe receiving in the first degree as defined in
section 200.12, conspiracy in the second degree as defined in section
105.15 and criminal mischief in the first degree as defined in section
145.12; criminal usury in the first degree as defined in section 190.42,
rewarding official misconduct in the first degree as defined in section
200.22, receiving reward for official misconduct in the first degree as
defined in section 200.27, attempt to promote prostitution in the first
degree as defined in ARTICLE ONE HUNDRED TEN AND section 230.32, promot-
ing prostitution in the second degree as defined in section 230.30,
CRIMINAL USE OF A WEAPON BY A MINOR AS DEFINED IN SECTION 265.18-A,
arson in the third degree as defined in section 150.10 of this chapter,
must be sentenced to imprisonment in accordance with section 70.00 of
5. Certain class D felonies. Except as provided in subdivision six of
this section, every person convicted of the class D felonies of assault
in the second degree as defined in section 120.05, strangulation in the
second degree as defined in section 121.12, CRIMINAL POSSESSION OF A
WEAPON BY A MINOR AS DEFINED IN SECTION 265.18 or attempt to commit a
class C felony as defined in section 230.30 of this chapter, must be
sentenced in accordance with section 70.00 or 85.00 of this title.
S 5. The penal law is amended by adding a new section 265.27 to read
S 265.27 LOST OR STOLEN FIREARM TO BE REPORTED.
AN OWNER OF ONE OR MORE FIREARMS SHALL REPORT EACH INCIDENCE OF A LOST
OR STOLEN FIREARM TO THE POLICE AUTHORITIES OF THE CITY, TOWN OR VILLAGE
WHERE SUCH PERSON REPORTING IS LOCATED WITHIN SEVENTY-TWO HOURS OF SUCH
LOSS OR THEFT, OR DISCOVERY OF SUCH LOSS OR THEFT.
AN INTENTIONAL FAILURE TO MAKE SUCH REPORT IS A CLASS A MISDEMEANOR.
S 6. Paragraph d of subdivision 6 of section 661 of the education law,
as added by chapter 83 of the laws of 1995, is amended to read as
S. 1810--A 3
d. No student who is incarcerated in any federal, state or other penal
institution shall be eligible for any general or academic performance
award made pursuant to this article. NO STUDENT WHO HAS BEEN CONVICTED
OF ANY WEAPONS POSSESSION, TRANSPORT OR SALE CHARGE AND IS CURRENTLY ON
PROBATION OR PAROLE FOR SUCH CONVICTION SHALL BE ELIGIBLE TO APPLY FOR
OR RECEIVE ANY GENERAL OR ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO
THIS ARTICLE UNTIL SUCH STUDENT IS SUCCESSFULLY DISCHARGED FROM
PROBATION OR PAROLE WHEREUPON SUCH STUDENT SHALL BE ELIGIBLE TO APPLY
FOR SUCH AWARDS FOR THE NEXT SUCCEEDING ACADEMIC SEMESTER.
S 7. Paragraph c of subdivision 1 of section 80.00 of the penal law,
as amended by chapter 338 of the laws of 1989, is amended to read as
c. if the conviction is for any felony defined in article two hundred
twenty [or], two hundred twenty-one OR SECTION 265.50 of this chapter,
according to the following schedule:
(i) for A-I felonies, one hundred thousand dollars;
(ii) for A-II felonies, fifty thousand dollars;
(iii) for B felonies, thirty thousand dollars;
(iv) for C felonies, fifteen thousand dollars.
When imposing a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's conduct, whether
the amount of the fine is disproportionate to the conduct in which
defendant engaged, its impact on any victims, and defendant's economic
circumstances, including the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons to whom
the defendant owes an obligation of support.
S 8. This act shall take effect immediately, provided that:
a. sections two, three and five of this act shall take effect on the
first of November next succeeding the date on which it shall have become
b. sections four and seven of this act shall take effect on the one
hundred twentieth day after it shall have become a law; and
c. section six of this act shall apply to tuition awards for the
2013-2014 academic year and all subsequent academic years.