BILL NUMBER:S520

TITLE OF BILL:
An  act  to direct the division of criminal justice services to study,
review and report, to the governor and the legislature, on  the  laws,
rules  and  regulations  relating to air rifles, air pistols and other
non-powder guns

PURPOSE OR GENERAL IDEA OF BILL:
This bill addresses the need to reassess New  York  laws,  regulations
and  policies  regarding  non-powder  weapons  in  light  of  changing
technology.

SUMMARY OF PROVISIONS:
Bill section  1  sets  forth  legislative  findings  regarding  recent
advances  in technologies associated 'With air rifles, air pistols and
other non powder guns, that have resulted in the emergence of air guns
that can approach the velocity and force of  weapons  using  gunpowder
The  development of more powerful and accurate air guns necessitates a
reassessment of whether our laws, regulations  and  policies  in  this
area adequately ensure that the public interest is served.

Bill  section  2  directs  the  Division  of Criminal Justice Services
(DCJS)  to  review  (a)  current  and  anticipated   developments   in
non-powder  gun  technologies,  (b) current New York laws, regulations
and policies and (c) recent developments in the statutes.  regulations
              

and policies of other jurisdictions, and to report to the Governor and
the  Legislature  on  the  extent  to  which the laws, regulations and
policies currently in effect in this State serve the  public  interest
DCJS  shall  make  such  recommendations  as  it deems appropriate for
changes in such laws, regulations  and  policies.  In  conducting  its
review,  DCJS  shall  consult  with  the  Department  of Environmental
Conservation, the State Police, the Office of  Homeland  Security  and
other  appropriate  state  and  local agencies and officers, and shall
solicit input from the public.

Bill section 3 provides that DCJS  shall  submit  its  report  to  the
Governor  and  the  Legislature  within  one  year  after  the  bill's
effective date.

JUSTIFICATION:
Advances in technology have increased the velocity, power and accuracy
of non-powder guns to the point where  their  performance  approaches;
that  of  firearms  using gun-powder. An increasing variety of hunting
rifles and pistols are currently available on  the  market  (including
large-bore  .40  and  .50 caliber rifles, recently legalized for clear
hunting  in   Missouri)   These   developments   have   caused   other
jurisdictions  to  reevaluate  the manner in which non-powder guns are
treated in their laws, regulations and policies.

Many of  New  York's  current  laws,  regulations  and  policies  were
established  during  an  era  when non-powder guns were often regarded
more as toys than weapons. Outside of New York  City,  there  are  few
restrictions  on  the  sale,  possession  or use of non-powder guns by
persons over the age of fifteen. For instance, discharging a gun at an
aircraft train or other vehicle is a Class E felony, but only  if  the


propelling   force  is  gunpowder.  Even  where  non-powder  guns  are
regulated, the  law  can  treat  offenses  much  more  leniently.  For
example, possessing a firearm on the grounds of a school or college is
a  Class A misdemeanor, while possessing a .50 caliber air rifle would
be a mere violation.

It is timely for New York  State  to  reassess  how  larger  and  more
powerful  non-powder  guns  should be treated in our laws, regulations
and policies. This bill would permit policymakers to be  guided  by  a
considered review of the issues involved.

PRIOR LEGISLATIVE HISTORY:
S.6911 of 2009
02/24/10 REFERRED TO CODES
04/20/10 REPORTED AND COMMITTED TO FINANCE
06/15/10 REPORTED AND COMMITTED TO RULES
01/11/11 REFERRED TO CODES
01/04/12 REFERRED TO CODES

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.