S T A T E O F N E W Y O R K
________________________________________________________________________
3485
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
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Introduced by M. of A. LENTOL -- 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.
LBD04454-01-3