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Assembly Bill A7237

2009-2010 Legislative Session

Redefines the elements of the crime of unlawful possession of a weapon upon school grounds; raises the penalty from a violation to a class A misdemeanor

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Archive: Last Bill Status - In Assembly Committee

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2009-A7237 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง265.06, Pen L

2009-A7237 (ACTIVE) - Summary

Redefines the elements of the crime of unlawful possession of a weapon upon school grounds so as to include any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or any other dangerous or deadly instrument or weapon; includes vehicles used for educational purposes; makes prior written authorization from school to possess such item an affirmative defense; raises the penalty from a violation to a class A misdemeanor.

2009-A7237 (ACTIVE) - Bill Text download pdf 

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

                                  7237

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by  M. of A. FINCH, ERRIGO, KOLB, WALKER, McDONOUGH, BURLING
  -- Multi-Sponsored by -- M. of A. CALHOUN, HAWLEY  --  read  once  and
  referred to the Committee on Codes

AN  ACT  to amend the penal law, in relation to unlawful possession of a
  weapon upon school grounds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 265.06 of the penal law, as added by chapter 268 of
the laws of 1994, is amended to read as follows:
S 265.06 Unlawful possession of a weapon upon school grounds.
  It shall be unlawful for any person [age sixteen or older] to knowing-
ly  possess  [any  air-gun,  spring-gun or other instrument or weapon in
which the propelling force is a spring, air, piston or CO2 cartridge] in
or upon a building  [or],  grounds  OR  VEHICLE,  used  for  educational
purposes,  of  any  school,  college or university[, without the written
authorization of such educational institution]:
  (1) ANY AIR-GUN, SPRING-GUN OR OTHER INSTRUMENT OR WEAPON IN WHICH THE
PROPELLING FORCE IS A SPRING, AIR, PISTON OR CARBON  DIOXIDE  CARTRIDGE;
OR
  (2)  ANY  DAGGER,  DANGEROUS  KNIFE,  DIRK, RAZOR, STILETTO, IMITATION
PISTOL OR ANY OTHER DANGEROUS OR DEADLY INSTRUMENT OR WEAPON; OR
  (3) ANY OTHER ITEM CAPABLE OF SUCH USE AS MAY ENDANGER THE  SAFETY  OR
SECURITY OF THE EDUCATIONAL INSTITUTION OR ANY PERSON THEREIN.
  HOWEVER,  IT  SHALL  BE AN AFFIRMATIVE DEFENSE TO ANY SUCH CHARGE THAT
THE PERSON SO CHARGED WAS GIVEN  PRIOR  WRITTEN  AUTHORIZATION  BY  SUCH
EDUCATIONAL  INSTITUTION  TO POSSESS SUCH ITEM IN OR UPON SUCH BUILDING,
GROUNDS OR VEHICLE.
  Unlawful possession of a weapon upon school grounds is  a  [violation]
CLASS A 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08447-01-9

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