Senate Bill S3987

                                 BILL NUMBER:  S3987

 TITLE OF BILL :
An act to amend the penal law, in relation to criminal possession of a
weapon in the third degree

 PURPOSE :
To provide that violent felony offenders who possess a rifle or a
shotgun and that nonviolent felons who possess a rifle or shotgun
within 10 years of their felony conviction be guilty of criminal
possession of a weapon in the third degree.

 SUMMARY OF PROVISIONS :
The bill amends section 265.02 of the penal law to add a new
subdivision which provides that an individual who has been convicted
of a violent felony who subsequently possesses a rifle or shotgun
shall be guilty of the crime of criminal possession of a weapon in the
third degree, a class D Felony.

 EXISTING LAW :
Penal Law section 265.01 provides that a convicted felon who possesses
a rifle or shotgun is guilty of criminal possession of a weapon in the
fourth degree, a class A misdemeanor. This bill retains the
applicability of this section for first time nonviolent felony
offenders while providing that repeat nonviolent felony offenders and
first time violent felony offenders will be subject to section 265.02.
              

 JUSTIFICATION :
The current Penal Law designates criminal possession of a weapon in
the fourth degree under subsection 4 as a class A misdemeanor and
makes no provisions for repeated violation of this statute. Therefore,
a convicted felon who is repeatedly arrested for possession of a rifle
or shotgun can only be convicted of a misdemeanor. This does not serve
the public interest because unlike firearms, a rifle or shot- gun is
not required to be registered or issued a permit to possess. Rifles
and shotguns may be the weapons of choice for felons who cannot obtain
pistols or sidearms requiring permits. In order to toughen the
penalties surrounding violation of this statute, it is necessary to
make second and further abuse by certain nonviolent felons a class D
felony under criminal possession of a weapon in the third degree.
Similarly, violent felons who have indicated a propensity toward
violent acts who subsequently illegally possess a weapon should be
subject to a stronger deterrent than nonviolent felons.

 LEGISLATIVE HISTORY :
1990: S.6622, Senate Codes Committee
1991-1992: S.1608/A.2583, Passed Senate
1993-1994: S.1845/ A.3256, Senate Codes Committee/Assembly Codes
Committee
1995: S.3234/A.5537, Passed Senate/Assembly Codes Committee
1996: S.3234, Senate Codes Committee
1997: S.1977/A.3133, Passed Senate, Assembly Codes
1998: S.1977/A.3133, Referred to Codes
1999-00: S.1775/A.3099, Passed Senate, Assembly Codes
2001-02: S.2215/A.4077, Passed Senate, Assembly Codes
2003-04: S.1393/A.2825, Referred to Codes, Assembly Codes
2005-06:  S.2185, Referred to Codes
2007: S.946, Passed Senate
2008: S.946, Referred to Codes

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
November 1 after enactment.