The New York State Senate

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

                                  1014

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. TOWNS --
  read once and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law,  in relation to redefining the term
  "disguised gun" to include any rifle, pistol, shotgun  or  machine-gun
  resembling  a  toy  gun and prohibiting the possession, manufacture or
  design thereof

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

  Section 1. Subdivision 20 of section 265.00 of the penal law, as added
by chapter 378 of the laws of 1998, is amended to read as follows:
  20.  "Disguised  gun"  means  any  weapon  or  device capable of being
concealed on the person from which a shot can be discharged through  the
energy  of  an  explosive  and  is designed and intended to appear to be
EITHER; (A) something other than a gun; OR (B)  A  TOY  GUN  THAT  SHALL
INCLUDE,   BUT  NOT  BE  LIMITED  TO,  ANY  RIFLE,  PISTOL,  SHOTGUN  OR
MACHINE-GUN DISPLAYING A COLOR FINISH OTHER THAN THE  ORIGINAL  MANUFAC-
TURE  COLOR,  A  DECORATIVE  PATTERN  OR PLASTIC LIKE SURFACE; PROVIDED,
HOWEVER, THAT ANY RIFLE OR SHOTGUN DISPLAYING A CAMOUFLAGE COLOR  FINISH
OR PATTERN THAT IS INTENDED FOR HUNTING, AS DEFINED BY ARTICLE ELEVEN OF
THE ENVIRONMENTAL CONSERVATION LAW, SHALL NOT BE CONSIDERED A "DISGUISED
GUN" FOR PURPOSES OF THIS SECTION.
  S 2. Section 265.10 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8.  ANY  PERSON,  DEALER,  FIRM, PARTNERSHIP OR CORPORATION WHO INTEN-
TIONALLY DESIGNS OR TRANSFORMS A RIFLE, PISTOL, SHOTGUN  OR  MACHINE-GUN
TO  RESEMBLE  A  TOY  GUN  BY EITHER ALTERING OR CONCEALING THE ORIGINAL
COLOR OR SURFACE OF THE GUN WITH THE PURPOSE OF SELLING SUCH  WEAPON  IS
GUILTY OF A CLASS D FELONY.
  S 3. 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.

                                                           LBD03476-01-1