Assembly Bill A1644B

2011-2012 Legislative Session

Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor

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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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2012	advanced to third reading cal.543
May 08, 2012	reported
May 04, 2012	print number 1644b
May 04, 2012	amend and recommit to codes
Apr 26, 2012	print number 1644a
Apr 26, 2012	amend and recommit to codes
Jan 04, 2012	referred to codes
May 12, 2011	advanced to third reading cal.308
May 10, 2011	reported
Jan 11, 2011	referred to codes

Bill Amendments

Original

B (Active)

co-Sponsors

multi-Sponsors

2011-A1644 - Details

See Senate Version of this Bill:: S558
Law Section:: Penal Law
Laws Affected:: Add §§265.45 & 265.50, amd §70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10910, S7680
2013-2014: S145
2015-2016: S482
2017-2018: S4895

2011-A1644 - Summary

Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor.

2011-A1644 - Bill Text download pdf

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

                                  1644

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by M. of A. KAVANAGH, RAMOS -- read once and referred to the
  Committee 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.
                                                           LBD03334-01-1

co-Sponsors

multi-Sponsors

2011-A1644A - Details

See Senate Version of this Bill:: S558
Law Section:: Penal Law
Laws Affected:: Add §§265.45 & 265.50, amd §70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10910, S7680
2013-2014: S145
2015-2016: S482
2017-2018: S4895

2011-A1644A - Summary

Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor.

2011-A1644A - Bill Text download pdf

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

                                 1644--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M.  of  A. KAVANAGH, RAMOS, P. RIVERA, WEPRIN, GIBSON --
  Multi-Sponsored by -- M. of A. LINARES, McDONOUGH  --  read  once  and
  referred  to the Committee on Codes -- recommitted to the Committee on
  Codes in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 WHO THE
DEFENDANT BELIEVES 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03334-02-2

A. 1644--A                          2

  S 2.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of  the
penal  law,  paragraph (b) as amended by chapter 148 of the laws of 2011
and paragraph (c) as amended by chapter 405 of the  laws  of  2010,  are
amended to read as follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined  in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined  in  section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal  possession  of a weapon in the second degree as defined in section
265.03, criminal use of a firearm in the second  degree  as  defined  in
section  265.08,  criminal  sale  of  a  firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as  defined  in  section  265.14, AGGRAVATED SALE OF A FIREARM AS
DEFINED IN SECTION 265.45, soliciting or providing support for an act of
terrorism in the first degree as defined in  section  490.15,  hindering
prosecution  of  terrorism  in  the  second degree as defined in section
490.30, and criminal possession of a chemical weapon or biological weap-
on in the third degree as defined in section 490.37.
  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section  120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined  in
section  121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in  section  130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual  conduct  against  a  child  in  the  second degree as defined in
section 130.80, aggravated sexual abuse in the third degree  as  defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance as defined in section 130.90, criminal possession of a  weapon
in  the third degree as defined in subdivision five, six, seven or eight
of section 265.02, criminal sale of a firearm in  the  third  degree  as
defined  in  section  265.11,  intimidating  a  victim or witness in the
second degree as defined in  section  215.16,  soliciting  or  providing
support  for  an  act  of  terrorism  in the second degree as defined in
section 490.10, and making a terroristic threat as  defined  in  section
490.20,  falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb  or  hazardous
substance  in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, AGGRAVATED SALE  OF
A FIREARM TO A MINOR AS DEFINED IN SECTION 265.50, and aggravated unper-
mitted  use  of  indoor  pyrotechnics  in the first degree as defined in
section 405.18.
  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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2011-A1644B (ACTIVE) - Details

See Senate Version of this Bill:: S558
Law Section:: Penal Law
Laws Affected:: Add §§265.45 & 265.50, amd §70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10910, S7680
2013-2014: S145
2015-2016: S482
2017-2018: S4895

2011-A1644B (ACTIVE) - Summary

Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor.

2011-A1644B (ACTIVE) - Bill Text download pdf

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

                                 1644--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M.  of  A. KAVANAGH, RAMOS, P. RIVERA, WEPRIN, GIBSON --
  Multi-Sponsored by -- M. of A. LINARES, McDONOUGH  --  read  once  and
  referred  to the Committee on Codes -- recommitted to the Committee on
  Codes in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

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 WHO THE
DEFENDANT  BELIEVES  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03334-05-2

A. 1644--B                          2

  AGGRAVATED SALE OF A FIREARM TO A MINOR IS A CLASS C FELONY.
  S  2.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (b) as amended by chapter 148 of the laws  of  2011
and  paragraph  (c)  as  amended by chapter 405 of the laws of 2010, are
amended to read as follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as  defined
in  section  121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal possession of a weapon in the second degree as defined  in  section
265.03,  criminal  use  of  a firearm in the second degree as defined in
section 265.08, criminal sale of a  firearm  in  the  second  degree  as
defined  in section 265.12, criminal sale of a firearm with the aid of a
minor as defined in section 265.14, AGGRAVATED SALE OF A  FIREARM  TO  A
MINOR  AS DEFINED IN SECTION 265.50, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six, seven or  eight
of  section  265.02,  criminal  sale of a firearm in the third degree as
defined in section 265.11, intimidating  a  victim  or  witness  in  the
second  degree  as  defined  in  section 215.16, soliciting or providing
support for an act of terrorism in  the  second  degree  as  defined  in
section  490.10,  and  making a terroristic threat as defined in section
490.20, falsely reporting an incident in the first degree as defined  in
section 240.60, placing a false bomb or hazardous substance in the first
degree  as  defined in section 240.62, placing a false bomb or hazardous
substance in a sports stadium or arena, mass transportation facility  or
enclosed  shopping mall as defined in section 240.63, AGGRAVATED SALE OF
A FIREARM AS DEFINED IN SECTION 265.45, and aggravated  unpermitted  use
of indoor pyrotechnics in the first degree as defined in section 405.18.
  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.

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Assembly Bill A1644B

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A1644 - Details

2011-A1644 - Summary

2011-A1644 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A1644A - Details

2011-A1644A - Summary

2011-A1644A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A1644B (ACTIVE) - Details

2011-A1644B (ACTIVE) - Summary

2011-A1644B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

KAVANAGH

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

Philip Ramos

Peter Rivera

David Weprin

Vanessa Gibson

multi-Sponsors

Guillermo Linares

David McDonough

2011-A1644 - Details

2011-A1644 - Summary

2011-A1644 - Bill Text download pdf

co-Sponsors

Philip Ramos

Peter Rivera

David Weprin

Vanessa Gibson

multi-Sponsors

Guillermo Linares

David McDonough

2011-A1644A - Details

2011-A1644A - Summary

2011-A1644A - Bill Text download pdf

co-Sponsors

Philip Ramos

Peter Rivera

David Weprin

Vanessa Gibson

multi-Sponsors

Richard Gottfried

Guillermo Linares

David McDonough

2011-A1644B (ACTIVE) - Details

2011-A1644B (ACTIVE) - Summary

2011-A1644B (ACTIVE) - Bill Text download pdf

Comments