senate Bill S145A

2013-2014 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 - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Feb 06, 2013 print number 145a
amend and recommit to codes
Jan 09, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S145 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§265.50 & 265.55, amd §70.02, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S558B
2009-2010: S7680

S145 - Summary

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

S145 - Sponsor Memo

S145 - Bill Text download pdf

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

                                   145

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed 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 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01016-01-3

Co-Sponsors

S145A (ACTIVE) - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§265.50 & 265.55, amd §70.02, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S558B
2009-2010: S7680

S145A (ACTIVE) - Summary

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

S145A (ACTIVE) - Sponsor Memo

S145A (ACTIVE) - Bill Text download pdf

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

                                 145--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. DIAZ, AVELLA -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Codes  --  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  265.50
and 265.55 to read as follows:
S 265.50 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 265.55 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.
  S 2.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of  the
penal  law,  as amended by chapter 1 of the laws of 2013, are amended to
read as follows:

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