Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 20, 2010 |
advanced to third reading cal.929 |
May 17, 2010 |
reported |
Apr 29, 2010 |
referred to codes |
Assembly Bill A10910
2009-2010 Legislative Session
Sponsored By
BENJAMIN
Archive: Last Bill Status - On Floor Calendar
- 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
co-Sponsors
Philip Ramos
Frank Skartados
Adriano Espaillat
2009-A10910 (ACTIVE) - Details
2009-A10910 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10910 TITLE OF BILL: An act to amend the penal law, in relation to firearms PURPOSE OR GENERAL IDEA OF BILL: Creates two new crimes of aggravated sale of a firearm and aggravated sale of a firearm to a minor. SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill sets out two new crimes:aggravated sale of a firearm and aggravated sale of a firearm to a minor. An individual is guilty of a class "D" felony when he or she: a)knowingly and unlawfully; b)sells, exchanges, gives or disposes of a firearm to a person; c)which he or she knows has been either used in the commission of a felony offenses, has been stolen from its lawful owner, or has been defaced. A person is guilty of a class "C" felony, aggra- vated sale of a firearm to a minor, when being over the age of eighteen (18), he or she, commits the crime of aggravated sale of a firearm to a person who is, or reasonably appears to be less than eighteen years (18). Section two specifies the bill's effective date. JUSTIFICATION: This bill targets individuals who traffic in firearms that have been previously been used in the commission of a felony offense or stolen from their lawful owners or defaced to prevent them from being traced. Traffic in these "crime guns" is a particularly pernicious type of criminal conduct which plagues many communities of our state. Often, these weapons are passed between many hands, from hardened felons to young gang initiates and are used to wreck bloody
2009-A10910 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10910 I N A S S E M B L Y April 29, 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 firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding two new sections 265.45 and 265.50 to read as follows: S 265.45 AGGRAVATED SALE OF A FIREARM. A PERSON IS GUILTY OF AGGRAVATED SALE OF A FIREARM WHEN SUCH PERSON KNOWINGLY AND UNLAWFULLY SELLS, EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO A PERSON WHICH HE OR SHE KNOWS HAS BEEN: 1. USED IN THE COMMISSION OF A FELONY OFFENSE; 2. STOLEN FROM ITS LAWFUL OWNER; OR 3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00 OF THIS ARTICLE. AGGRAVATED SALE OF A FIREARM IS A CLASS D FELONY. S 265.50 AGGRAVATED SALE OF A FIREARM TO A MINOR. A PERSON OVER THE AGE OF EIGHTEEN IS GUILTY OF AGGRAVATED SALE OF A FIREARM TO A MINOR WHEN SUCH PERSON KNOWINGLY AND UNLAWFULLY SELLS, EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO A PERSON WHO IS, OR REASON- ABLY APPEARS TO BE LESS THAN EIGHTEEN YEARS OF AGE, WHICH HE OR SHE KNOWS HAS BEEN: 1. USED IN THE COMMISSION OF A FELONY OFFENSE; 2. STOLEN FROM ITS LAWFUL OWNER; OR 3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00 OF THIS ARTICLE. AGGRAVATED SALE OF A FIREARM TO A MINOR IS A CLASS C FELONY. S 2. 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. LBD16799-02-0
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