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Assembly Bill A3900A

2011-2012 Legislative Session

Relates to prohibiting the possession of a loaded firearm at certain public events

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A3900 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.04 & 265.20, Pen L

2011-A3900 - Summary

Prohibits the possession of a loaded firearm at certain events involving public officials or in a government building; makes such crime a class B felony.

2011-A3900 - Bill Text download pdf

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

                                  3900

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

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 HELD IN A
GOVERNMENT BUILDING OR OTHER 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. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  A  PEACE
OFFICER  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.
                                                           LBD08126-02-1

              

co-Sponsors

multi-Sponsors

2011-A3900A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.04 & 265.20, Pen L

2011-A3900A (ACTIVE) - Summary

Prohibits the possession of a loaded firearm at certain events involving public officials or in a government building; makes such crime a class B felony.

2011-A3900A (ACTIVE) - Bill Text download pdf

                            
                    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
              

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