|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 25, 2013||referred to codes|
senate Bill S2919
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2919 - Details
- Law Section:
- Penal Law
- Laws Affected:
- Amd §265.01, 265.02 & 265.20, Pen L
S2919 - Sponsor Memo
BILL NUMBER:S2919 TITLE OF BILL: An act to amend the penal law, in relation to criminal possession of a weapon PURPOSE OR GENERAL IDEA OF BILL: To provide stronger penalties for an individual being found guilty of criminal possession of a weapon. SUMMARY OF SPECIFIC PROVISIONS: Section 1. Section 265.01 of the penal law is amended by removing four subsections (4, 6, 7 and 8) whereby a person can be found guilty of criminal possession of a weapon in the fourth degree, which currently is a class A misdemeanor. Section 2. Incorporates those same subsections (4,6,7, and 8) which were removed from section 265.01 of the penal law and places them into Section 265.02 of the penal law which deals with criminal possession of a weapon in the third degree, the penalty of which is a class D felony. Section 2 of the bill also amends section 265.02 of the penal law to state that a person is guilty of criminal possession of a weapon in the third degree if such person possess a firearm and has been previously convicted of a felony regardless if the felony conviction occurred with- in the preceding five years.
S2919 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2919 2013-2014 Regular Sessions I N S E N A T E January 25, 2013 ___________ Introduced by Sen. BRESLIN -- 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 criminal possession of a weapon THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 265.01 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows: S 265.01 Criminal possession of a weapon in the fourth degree. A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling- shot or slungshot, shirken or "Kung Fu star"; or (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or (3)[; or (4) He possesses a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense; or (5)] He possesses any dangerous or deadly weapon and is not a citizen of the United States[; or (6) He is a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of section 265.00, and refuses to yield possession of such rifle or shotgun upon the demand of a police officer. Whenever a person is certified not suitable to possess a rifle or shotgun, a member of the police department to which such certification is made, or of the state police, shall forthwith EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06946-02-3
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