senate Bill S2388

2013-2014 Legislative Session

Establishes third, second and first degree crimes for failure to report lost or stolen firearms

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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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Jan 17, 2013 referred to codes

S2388 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§265.21, 265.22 & 265.23, amd §400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3821
2009-2010: S2826A

S2388 - Bill Texts

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Establishes third, second and first degree crimes for failure to report lost or stolen firearms.

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BILL NUMBER:S2388

TITLE OF BILL: An act to amend the penal law, in relation to failure
to report a lost or stolen firearm

PURPOSE OR GENERAL IDEA OF BILL:
To require lost or stolen firearms to be reported to the police
authorities of the city, town or village within seventy-two hours of
such loss or theft.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - Adds a new sections 265.21 to read as follows:

§265.21 Failure to report theft or loss of a firearm, rifle or shotgun
in the third degree. A person is guilty of failure to report theft or
loss of a firearm, rifle or shotgun in the third degree when he or she
intentionally fails to report such theft or loss as prescribed in
section 400.10 of this chapter. A person who violates the provisions
of this section shall have any license validly issued, as provided
under section 400.00 of this chapter suspended. Failure to report
theft or loss of a firearm, rifle or shotgun in the third degree is a
class D felony.

§2. Subdivision 3 of section 400.00 of the penal law, is amended by
adding a new paragraph to read as follows: All applications and
renewals of a license to carry or possess a firearm shall include a
provision, to be approved as to form by the superintendent of state
police, detailing the crimes prescribed in sections 265.21, 265.22 and
265.23 of this chapter.

JUSTIFICATION:
The issuance of a license, and the ability to carry a firearm is a
privilege and responsibility that should be taken seriously. Lives
could depend on it. This legislation would help account for stolen or
lost weapons in order to help law enforcement in tracking firearms.
Tracking these weapons would allow police authorities to identify and
recover lost or stolen weapons more effectively and efficiently. It
would also hold those who would negligently or willfully withhold this
key information, accountable.

PRIOR LEGISLATIVE HISTORY:
2007-08: A.8842
2009-10: S.2826A
01/06/10: REFERRED TO CODES

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                  2388

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 failure to report  a  lost
  or stolen firearm

  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  three  new  sections
265.21, 265.22 and 265.23 to read as follows:
S 265.21 FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
           IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS  OF  A  FIREARM,
RIFLE  OR SHOTGUN IN THE THIRD DEGREE WHEN HE OR SHE INTENTIONALLY FAILS
TO REPORT SUCH THEFT OR LOSS AS PRESCRIBED IN  SECTION  400.10  OF  THIS
CHAPTER.
  A  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL HAVE ANY
LICENSE VALIDLY ISSUED, AS PROVIDED UNDER SECTION 400.00 OF  THIS  CHAP-
TER, SUSPENDED.
  FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
THIRD DEGREE IS A CLASS D FELONY.
S 265.22 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR  SHOTGUN
           IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
RIFLE OR SHOTGUN IN THE SECOND DEGREE WHEN HE OR SHE HAS PREVIOUSLY BEEN
CONVICTED OF FAILURE TO REPORT THEFT OR LOSS  OF  A  FIREARM,  RIFLE  OR
SHOTGUN  IN THE THIRD DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
  A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION  SHALL  HAVE  ANY
LICENSE  VALIDLY  ISSUED, AS PROVIDED UNDER SECTION 400.00 OF THIS CHAP-
TER, REVOKED.
  FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN  THE
SECOND DEGREE IS A CLASS C FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02189-02-3

S. 2388                             2

S 265.23 FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
           IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
RIFLE OR SHOTGUN IN THE FIRST DEGREE WHEN HE OR SHE HAS PREVIOUSLY  BEEN
CONVICTED  OF  FAILURE  TO  REPORT  THEFT OR LOSS OF A FIREARM, RIFLE OR
SHOTGUN IN THE SECOND DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
  FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN  THE
FIRST DEGREE IS A CLASS B FELONY.
  S  2.  Subdivision 3 of section 400.00 of the penal law, is amended by
adding a new paragraph (c) to read as follows:
  (C) ALL APPLICATIONS AND RENEWALS OF A LICENSE TO CARRY OR  POSSESS  A
FIREARM  SHALL  INCLUDE  A  PROVISION,  TO BE APPROVED AS TO FORM BY THE
SUPERINTENDENT OF STATE  POLICE,  DETAILING  THE  CRIMES  PRESCRIBED  IN
SECTIONS 265.21, 265.22, AND 265.23 OF THIS CHAPTER.
  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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