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Assembly Bill A5078

2009-2010 Legislative Session

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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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2009-A5078 - Details

See Senate Version of this Bill:
S725
Law Section:
Penal Law
Laws Affected:
Amd §§265.00 & 265.10, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1014
2013-2014: A3485
2015-2016: A3413
2017-2018: A3606
2019-2020: A6947
2021-2022: A6522

2009-A5078 - 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.

2009-A5078 - Bill Text download pdf 

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

                                  5078

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

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.
  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 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 FELO-
NY.
  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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05837-01-9

2009-A5078A (ACTIVE) - Details

See Senate Version of this Bill:
S725
Law Section:
Penal Law
Laws Affected:
Amd §§265.00 & 265.10, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1014
2013-2014: A3485
2015-2016: A3413
2017-2018: A3606
2019-2020: A6947
2021-2022: A6522

2009-A5078A (ACTIVE) - 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.

2009-A5078A (ACTIVE) - Sponsor Memo

2009-A5078A (ACTIVE) - Bill Text download pdf 

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

                                 5078--A
                                                        Cal. No. 358

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. TOWNS --
  read  once  and  referred  to  the Committee on Codes -- reported from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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