Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 03, 2010 |
referred to codes |
Assembly Bill A10069
2009-2010 Legislative Session
Sponsored By
BENJAMIN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A10069 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§265.45, 265.18, 265.19 & 265.27, amd §§60.05 & 80.00, Pen L; amd §661, Ed L
- Versions Introduced in 2011-2012 Legislative Session:
-
A5342
2009-A10069 (ACTIVE) - Summary
Enacts the Gun Trafficking Prevention Act; creates offenses of illegal gun trafficking, criminal possession of a weapon by a minor, criminal use of a weapon by a minor, and lost or stolen firearm to be reported; also amends penalties and eligibility for tuition awards by students on probation or parole for weapons convictions.
2009-A10069 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10069 TITLE OF BILL: An act to amend the penal law, in relation to the prohi- bition of illegal gun trafficking, criminal possession of a weapon by a minor and criminal 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 PURPOSE OR GENERAL IDEA OF BILL: To enact several measures to curb ille- gal weapon use and distribution SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the penal law by adding a new section 265A5. This section defines illegal gun trafficking. Ille- gal gun trafficking is a class B felony. Section 3 adds sections 265.18 and 265.19 to the penal law. These sections define criminal possession of a weapon by a minor and criminal use of a weapon by a minor, Criminal possession of a minor is a class ID felony and criminal use of a weapon by a minor is a class C felony. Section 5 amends the penal law by adding section 265.27. This section defines the crime of failure to report a lost or stolen firearm. An intentional failure to make a report is a class A misdemeanor. Section 6 adds chapter 83 of the laws of 1995 in paragraph .d of subdi-
2009-A10069 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10069 I N A S S E M B L Y March 3, 2010 ___________ Introduced by M. of A. BENJAMIN -- read once and referred to the Commit- tee on Codes 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 265.45 to read as follows: S 265.45 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 265.19 to read as follows: S 265.18 CRIMINAL POSSESSION OF A WEAPON BY A MINOR. 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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