senate Bill S2919

2013-2014 Legislative Session

Relates to the offenses of criminal possession of a weapon in the third and fourth degrees

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Sponsored By

Archive: Last Bill Status -

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 25, 2013 referred to codes

S2919 - Details

Law Section:
Penal Law
Laws Affected:
Amd ยง265.01, 265.02 & 265.20, Pen L

S2919 - Summary

Increases the penalties for certain criminal possession of a weapon offenses from a misdemeanor to a class D felony.

S2919 - Sponsor Memo

S2919 - Bill Text download pdf

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


                       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


  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.


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