S T A T E O F N E W Y O R K
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5272
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
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Introduced by M. of A. ESPAILLAT, PERALTA -- Multi-Sponsored by -- M. of
A. BOYLAND, DIAZ, ROBINSON, WRIGHT -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting the attendance
of children at gun shows or stores
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 260.21 of the penal law, as added by chapter 362 of
the laws of 1992, the opening paragraph of subdivision 1 as amended by
chapter 478 of the laws of 1996, is amended to read as follows:
S 260.21 Unlawfully dealing with a child in the second degree.
A person is guilty of unlawfully dealing with a child in the second
degree when:
1. Being an owner, lessee, manager or employee of a place where alco-
holic beverages are sold or given away, he OR SHE permits a child less
than sixteen years old to enter or remain in such place unless:
(a) The child is accompanied by his OR HER parent, guardian or an
adult authorized by a parent or guardian; or
(b) The entertainment or activity is being conducted for the benefit
or under the auspices of a non-profit school, church or other educa-
tional or religious institution; or
(c) Otherwise permitted by law to do so; or
(d) The establishment is closed to the public for a specified period
of time to conduct an activity or entertainment, during which the child
is in or remains in such establishment, and no alcoholic beverages are
sold, served, given away or consumed at such establishment during such
period. The state liquor authority shall be notified in writing by the
licensee of such establishment, of the intended closing of such estab-
lishment, to conduct any such activity or entertainment, not less than
ten days prior to any such closing; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09100-01-9
A. 5272 2
2. He OR SHE marks the body of a child less than eighteen years old
with indelible ink or pigments by means of tattooing; [or]
3. He OR SHE sells or causes to be sold tobacco in any form to a child
less than eighteen years old[.];
4. BEING AN OWNER, LESSEE, MANAGER, OR EMPLOYEE OF A PLACE WHERE A GUN
SHOW IS HELD, HE OR SHE PERMITS A CHILD LESS THAN EIGHTEEN YEARS OLD TO
ENTER OR REMAIN IN SUCH PLACE. FOR PURPOSES OF THIS SUBDIVISION, "GUN
SHOW" MEANS ANY EVENT AT WHICH TWENTY OR MORE GUNS ARE OFFERED OR EXHIB-
ITED FOR SALE, TRANSFER, OR EXCHANGE AND AT WHICH THREE OR MORE PERSONS
ARE EACH OFFERING OR EXHIBITING ONE OR MORE GUNS FOR SALE, TRANSFER, OR
EXCHANGE; OR
5. BEING AN OWNER, LESSEE, MANAGER, OR EMPLOYEE OF A GUN STORE, HE OR
SHE PERMITS A CHILD LESS THAN EIGHTEEN YEARS OLD TO ENTER OR REMAIN IN
SUCH PLACE. FOR PURPOSES OF THIS SUBDIVISION, "GUN STORE" MEANS ANY
ESTABLISHMENT PRINCIPALLY ENGAGED IN THE SALE AT RETAIL OF FIREARMS,
SHOTGUNS, OR RIFLES OR ANY COMBINATION THEREOF.
It is no defense to a prosecution pursuant to subdivision three of
this section that the child acted as the agent or representative of
another person or that the defendant dealt with the child as such.
Unlawfully dealing with a child in the second degree is a class B
misdemeanor.
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.