senate Bill S520

Directs the division of criminal justice services to study and report on laws, rules and regulations relating to air guns

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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
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Directs the division of criminal justice services to study, review and report, to the governor and the legislature, on the laws, rules and regulation and policies relating to air rifles, air pistols and other non-powder guns; directs such division to make recommendations to ensure that the public interest is served.

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Bill Details

See Assembly Version of this Bill:
A2141
Versions:
S520
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Statutes
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1711, A6365
2009-2010: S6911, A9423

Sponsor Memo

BILL NUMBER:S520

TITLE OF BILL:
An act to direct the division of criminal justice services to study,
review and report, to the governor and the legislature, on the laws,
rules and regulations relating to air rifles, air pistols and other
non-powder guns

PURPOSE OR GENERAL IDEA OF BILL:
This bill addresses the need to reassess New York laws, regulations
and policies regarding non-powder weapons in light of changing
technology.

SUMMARY OF PROVISIONS:
Bill section 1 sets forth legislative findings regarding recent
advances in technologies associated 'With air rifles, air pistols and
other non powder guns, that have resulted in the emergence of air guns
that can approach the velocity and force of weapons using gunpowder
The development of more powerful and accurate air guns necessitates a
reassessment of whether our laws, regulations and policies in this
area adequately ensure that the public interest is served.

Bill section 2 directs the Division of Criminal Justice Services
(DCJS) to review (a) current and anticipated developments in
non-powder gun technologies, (b) current New York laws, regulations
and policies and (c) recent developments in the statutes. regulations
and policies of other jurisdictions, and to report to the Governor and
the Legislature on the extent to which the laws, regulations and
policies currently in effect in this State serve the public interest
DCJS shall make such recommendations as it deems appropriate for
changes in such laws, regulations and policies. In conducting its
review, DCJS shall consult with the Department of Environmental
Conservation, the State Police, the Office of Homeland Security and
other appropriate state and local agencies and officers, and shall
solicit input from the public.

Bill section 3 provides that DCJS shall submit its report to the
Governor and the Legislature within one year after the bill's
effective date.

JUSTIFICATION:
Advances in technology have increased the velocity, power and accuracy
of non-powder guns to the point where their performance approaches;
that of firearms using gun-powder. An increasing variety of hunting
rifles and pistols are currently available on the market (including
large-bore .40 and .50 caliber rifles, recently legalized for clear
hunting in Missouri) These developments have caused other
jurisdictions to reevaluate the manner in which non-powder guns are
treated in their laws, regulations and policies.

Many of New York's current laws, regulations and policies were
established during an era when non-powder guns were often regarded
more as toys than weapons. Outside of New York City, there are few
restrictions on the sale, possession or use of non-powder guns by
persons over the age of fifteen. For instance, discharging a gun at an
aircraft train or other vehicle is a Class E felony, but only if the


propelling force is gunpowder. Even where non-powder guns are
regulated, the law can treat offenses much more leniently. For
example, possessing a firearm on the grounds of a school or college is
a Class A misdemeanor, while possessing a .50 caliber air rifle would
be a mere violation.

It is timely for New York State to reassess how larger and more
powerful non-powder guns should be treated in our laws, regulations
and policies. This bill would permit policymakers to be guided by a
considered review of the issues involved.

PRIOR LEGISLATIVE HISTORY:
S.6911 of 2009
02/24/10 REFERRED TO CODES
04/20/10 REPORTED AND COMMITTED TO FINANCE
06/15/10 REPORTED AND COMMITTED TO RULES
01/11/11 REFERRED TO CODES
01/04/12 REFERRED TO CODES

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   520

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to direct the division of criminal  justice  services  to  study,
  review  and  report, to the governor and the legislature, on the laws,
  rules and regulations relating to air rifles, air  pistols  and  other
  non-powder guns

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

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares  that  recent  advances  in  technologies  associated  with air
rifles, air pistols and other non-powder guns have resulted in  products
that  are  substantially  different  than  those common in past decades.
Changes in materials and techniques used to produce  non-powder  weapons
and  ammunition, and the development of guns using carbon dioxide cylin-
ders and external supplies of compressed gas, have resulted in the emer-
gence of air guns that can approach the velocity and  force  of  weapons
using  gunpowder.   The continued development of more powerful and accu-
rate air guns makes it incumbent on the state of New  York  to  reassess
the adequacy of its laws, rules, regulations and policies to ensure that
the public interest continues to be served.
  S  2.  (a)  The  division  of criminal justice services shall examine,
evaluate, review and make recommendations concerning:
  (1) the current state of and anticipated developments in  technologies
associated  with  the  design,  production  and  use  of air rifles, air
pistols and other similar non-powder guns, including the ammunition  and
ancillary equipment therefor;
  (2)  the  current  state  statutes, the current rules, regulations and
policies of state agencies, and any significant laws, codes, ordinances,
rules, regulations and policies of municipalities in the state  relating

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02206-01-3

S. 520                              2

to  air rifles, air pistols and other similar non-powder guns, including
ammunition and ancillary equipment therefor;
  (3)  recent  developments in statutes, rules, regulations and policies
in other jurisdictions; and
  (4) the extent to which the statutes, rules, regulations and  policies
reviewed  pursuant to paragraph two of this subdivision serve the public
interest.
  (b) In conducting its examination, evaluation, review and formation of
recommendations pursuant to subdivision (a) of this section,  the  divi-
sion  of  criminal justice services shall consult with the department of
environmental conservation, the division of state police, the office  of
homeland  security  and  other  appropriate state and local agencies and
offices, and shall solicit and consider input from the public.
  S 3. Within one year of the effective date of this act,  the  division
of criminal justice services shall make a report to the governor and the
legislature  of its findings, conclusions and recommendations and shall,
with its report, submit  such  legislative  proposals  and  options  for
changes  in  rules,  regulations  and  policies as it deems necessary to
implement its recommendations.
  S 4. This act shall take effect immediately.

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