S T A T E O F N E W Y O R K
________________________________________________________________________
3900--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 28, 2011
___________
Introduced by M. of A. LAVINE, ARROYO, COLTON, MAYERSOHN, McENENY, McDO-
NOUGH, KAVANAGH, M. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI,
WEPRIN -- read once and referred to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the penal law, in relation to prohibiting the possession
of a loaded firearm at certain events involving public officials
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 265.04 of the penal law, as amended by chapter 764
of the laws of 2005, is amended to read as follows:
S 265.04 Criminal possession of a weapon in the first degree.
A person is guilty of criminal possession of a weapon in the first
degree when such person:
(1) possesses any explosive substance with intent to use the same
unlawfully against the person or property of another; or
(2) possesses ten or more firearms[.]; OR
(3) INTENTIONALLY POSSESSES A LOADED FIREARM (I) AT AN EVENT SPONSORED
BY AN ELECTED OFFICIAL AT WHICH SUCH ELECTED OFFICIAL IS PRESENT, OR
(II) AT A DEBATE OR CANDIDATE FORUM AT WHICH AN ELECTED OFFICIAL OR A
CANDIDATE FOR ELECTED OFFICE IS PRESENT, OR (III) IN A GOVERNMENT BUILD-
ING. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PEACE OFFI-
CER OR LAW ENFORCEMENT OFFICER EXERCISING HIS OR HER OFFICIAL DUTIES.
Criminal possession of a weapon in the first degree is a class B felo-
ny.
S 2. Subparagraphs (b) and (c) of paragraph 1 of subdivision a of
section 265.20 of the penal law, as added by chapter 843 of the laws of
1980, are amended to read as follows:
(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law, EXCEPT AS PROVIDED IN SECTION 265.04
OF THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08126-03-1
A. 3900--A 2
(c) Peace officers as defined by section 2.10 of the criminal proce-
dure law, EXCEPT AS PROVIDED IN SECTION 265.04 OF THIS ARTICLE.
S 3. Paragraph 3 of subdivision a of section 265.20 of the penal law,
as amended by chapter 210 of the laws of 1999, is amended to read as
follows:
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF SECTION 265.04
OF THIS ARTICLE; provided, that such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.
S 4. This act shall take effect immediately.