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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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 25, 2013 referred to codes

S2919 - Bill Details

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

S2919 - Bill Texts

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

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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.

Section 3. Makes technical corrections to paragraph 5 of subdivision a
of section 265.20 of the penal law.

Section 4. Effective Date

JUSTIFICATION: In the light of the recent tragedies that have plagued
the nation, it is imperative that we enact sensible gun laws.The recent-
ly enacted NY SAFE Act will do much to better protect the hard working
men and women of this state from senseless gun violence. This legis-
lation furthers that effort by increasing penalties for other various
gun related offenses.

Convicted felons are routinely found in possession of various types of
firearms, however under current law the offense is only punishable by a
class A misdemeanor. This legislation increases that penalty to a class
D felony.

Additionally, if a person possesses a firearm and has been previously
convicted of a felony, he or she can only then be convicted of a class D
felony if the offense occurred within the preceding five years. This
five year look back period should be removed and would be consistent
with other look back provisions that have been removed pertaining to
cases involving domestic violence, child abuse and sex crimes.

There are other provisions of the penal law pertaining to criminal
possession of a firearm that need to be strengthened as well. If a
Person knowingly possesses a bullet containing an explosive substance
designed to detonate on impact, or if a person possesses any armor
piercing ammunition with the intent to use it unlawfully, they both only
carry the offense of a class A misdemeanor. Increasing the penalty for
these offenses to a class D felony is more appropriate.

Finally, under current law if a person has been certified not suitable
to possess a rifle or shotgun and refuses to yield possession of such
rifle or shotgun upon the demand of a police officer, he or she can only
be charged with a class A misdemeanor. This legislation increases it to
a class D felony.

Providing harsher penalties for various gun related offenses will not
only make our streets safer, but will also provide law enforcement with
the tools necessary to better protect the public.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: 90th day with provisions.

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                    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

S. 2919                             2

seize  any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to the headquarters of such police  department,  or  state  police,  and
there retained until the aforesaid certificate has been rescinded by the
director  or  physician in charge, or other disposition of such rifle or
shotgun has been ordered or authorized by a court of competent jurisdic-
tion.
  (7) He knowingly possesses a bullet containing an explosive  substance
designed to detonate upon impact.
  (8)  He possesses any armor piercing ammunition with intent to use the
same unlawfully against another].
  Criminal possession of a weapon in the fourth  degree  is  a  class  A
misdemeanor.
  S 2. Section 265.02 of the penal law, as amended by chapter 764 of the
laws  of  2005,  subdivision  8  as amended and subdivisions 9 and 10 as
added by chapter 1 of the laws of 2013, is amended to read as follows:
S 265.02 Criminal possession of a weapon in the third degree.
  A person is guilty of criminal possession of a  weapon  in  the  third
degree when:
  (1)  Such  person commits the crime of criminal possession of a weapon
in the fourth degree as defined in subdivision one, two, three or [five]
FOUR of section 265.01, and has been previously convicted of any  crime;
or
  (2) Such person possesses any explosive or incendiary bomb, bombshell,
firearm  silencer, machine-gun or any other firearm or weapon simulating
a machine-gun and which is adaptable for such use; or
  (3) Such person knowingly possesses a machine-gun, firearm,  rifle  or
shotgun  which  has  been  defaced  for  the  purpose  of concealment or
prevention of the detection of a crime or misrepresenting  the  identity
of such machine-gun, firearm, rifle or shotgun; or
  (5)  (i)  Such  person  possesses three or more firearms; or (ii) such
person possesses a firearm and has been previously convicted of a felony
or a class A misdemeanor defined in this chapter [within the five  years
immediately preceding the commission of the offense] and such possession
did not take place in the person's home or place of business; or
  (6) Such person knowingly possesses any disguised gun; or
  (7) Such person possesses an assault weapon; or
  (8)  Such person possesses a large capacity ammunition feeding device.
For purposes of this subdivision, a large  capacity  ammunition  feeding
device shall not include an ammunition feeding device lawfully possessed
by  such  person before the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision, that has a capaci-
ty of, or that can be readily restored or converted to accept more  than
seven  but  less  than eleven rounds of ammunition, or that was manufac-
tured before September thirteenth, nineteen  hundred  ninety-four,  that
has  a  capacity  of,  or  that  can be readily restored or converted to
accept, more than ten rounds of ammunition; or
  (9) Such person possesses an unloaded firearm and also commits a  drug
trafficking felony as defined in subdivision twenty-one of section 10.00
of this chapter as part of the same criminal transaction; or
  (10)  Such  person  possesses an unloaded firearm and also commits any
violent felony offense as defined in subdivision one of section 70.02 of
this chapter as part of the same criminal transaction[.]; OR
  (11) SUCH PERSON 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

S. 2919                             3

  (12) SUCH PERSON 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 SUIT-
ABLE TO POSSESS A RIFLE OR SHOTGUN, A MEMBER OF THE POLICE DEPARTMENT TO
WHICH  SUCH  CERTIFICATION IS MADE, OR OF THE STATE POLICE, SHALL FORTH-
WITH SEIZE ANY RIFLE OR SHOTGUN POSSESSED BY SUCH  PERSON.  A  RIFLE  OR
SHOTGUN  SEIZED  AS HEREIN PROVIDED SHALL NOT BE DESTROYED, BUT SHALL BE
DELIVERED TO THE  HEADQUARTERS  OF  SUCH  POLICE  DEPARTMENT,  OR  STATE
POLICE,  AND  THERE  RETAINED  UNTIL  THE AFORESAID CERTIFICATE HAS BEEN
RESCINDED BY THE DIRECTOR OR PHYSICIAN IN CHARGE, OR  OTHER  DISPOSITION
OF  SUCH  RIFLE  OR SHOTGUN HAS BEEN ORDERED OR AUTHORIZED BY A COURT OF
COMPETENT JURISDICTION; OR
  (13) SUCH PERSON KNOWINGLY POSSESSES A BULLET CONTAINING AN  EXPLOSIVE
SUBSTANCE DESIGNED TO DETONATE UPON IMPACT; OR
  (14)  SUCH  PERSON POSSESSES ANY ARMOR PIERCING AMMUNITION WITH INTENT
TO USE THE SAME UNLAWFULLY AGAINST ANOTHER.
  Criminal possession of a weapon in the third degree is a class D felo-
ny.
  S 3. Paragraph 5 of subdivision a of section 265.20 of the penal  law,
as  amended  by  chapter  235 of the laws of 2007, is amended to read as
follows:
  5. Possession of a rifle or shotgun by a person other  than  a  person
who  has  been  convicted  of  a  class  A-I  felony or a violent felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who has been convicted  as  specified  in  subdivision  [four]  NINE  of
section  [265.01]  265.02 to whom a certificate of good conduct has been
issued pursuant to section seven hundred three-b of the correction law.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become a law; provided, however, that if the amendments to section
265.01 of the penal law made by section 40 of chapter 1 of the  laws  of
2013  have  not  yet taken effect on such ninetieth day, then the amend-
ments to section 265.01 of the penal law made by section one of this act
shall take effect on the same date as section 40 of  chapter  1  of  the
laws  of  2013,  takes effect; and provided, further, that if the amend-
ments to section 265.02 of the penal law made by section 41-b of chapter
1 of the laws of 2013 have not yet taken effect on  such  ninetieth  day
then  the  amendments to section 265.02 of the penal law made by section
two of this act shall take effect on the same date as  section  41-b  of
chapter 1 of the laws of 2013, takes effect.

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