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Senate Bill S725

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 - In Senate Committee Codes Committee

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Bill Amendments

co-Sponsors

2009-S725 - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00 & 265.10, Pen L

2009-S725 - 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-S725 - Sponsor Memo

2009-S725 - Bill Text download pdf 

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

                                   725

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced by Sens. C. JOHNSON, DIAZ, DUANE, KRUEGER, MONTGOMERY, ONORA-
  TO,  SAMPSON -- 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  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

co-Sponsors

2009-S725A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00 & 265.10, Pen L

2009-S725A (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-S725A (ACTIVE) - Sponsor Memo

2009-S725A (ACTIVE) - Bill Text download pdf 

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

                                 725--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced by Sens. C. JOHNSON, ADAMS, DIAZ, DUANE, KRUEGER, MONTGOMERY,
  ONORATO, SAMPSON, SERRANO, THOMPSON -- read twice and ordered printed,
  and  when  printed to be committed to the Committee on Codes -- recom-
  mitted to the Committee on Codes in accordance  with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05837-03-0

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