NY State Assembly Bill 2013-A3255A

Assembly Bill A3255A

2013-2014 Legislative Session

Relates to sharing, making available, selling, exchanging, giving or disposing of a community gun as an element of certain criminal acts

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 07, 2014	print number 3255a
Apr 07, 2014	amend and recommit to codes
Jan 08, 2014	referred to codes
Jan 24, 2013	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

multi-Sponsors

2013-A3255 - Details

See Senate Version of this Bill:: S5602
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§115.00, 115.01, 115.05, 115.08, 115.15, 115.20, 265.00, 265.11 & 265.13, Pen L
Versions Introduced in 2015-2016 Legislative Session:: A4689

2013-A3255 - Summary

Includes sharing, making available, selling, exchanging, giving or disposing of a community gun as an element of certain criminal acts including criminal facilitation and criminal sale of a firearm.

2013-A3255 - Bill Text download pdf

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

                                  3255

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M. of A. CLARK, SIMOTAS, JAFFEE -- Multi-Sponsored by --
  M. of A. ENGLEBRIGHT, GOTTFRIED --  read  once  and  referred  to  the
  Committee on Codes

AN  ACT  to  amend  the penal law, in relation to community guns and the
  criminal sale of a firearm in the first and third degrees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 115.00 of the penal law, as amended by chapter 422
of the laws of 1978, is amended to read as follows:
S 115.00 Criminal facilitation in the fourth degree.
  A person is guilty of  criminal  facilitation  in  the  fourth  degree
when[,]:
  1. believing it probable that he OR SHE is rendering aid:
  [1.]  A.  to a person who intends to commit a crime, he OR SHE engages
in conduct which provides such person with means or opportunity for  the
commission  thereof and which in fact aids such person to commit a felo-
ny; or
  [2.] B. to a person under sixteen years of age who intends  to  engage
in  conduct  which would constitute a crime, he OR SHE, being over eigh-
teen years of age, engages in conduct which provides  such  person  with
means  or  opportunity for the commission thereof and which in fact aids
such person to commit a crime; OR
  2. HE OR SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK  STATE  LAW  TO
POSSESS  A  FIREARM  SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES OR
DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A FELONY, INCLUD-
ING, BUT NOT LIMITED TO, A FELONY  SET  FORTH  IN  ARTICLE  TWO  HUNDRED
SIXTY-FIVE OF THIS PART; OR
  3.  HE  OR  SHE,  BEING  OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
PURSUANT TO NEW YORK STATE LAW  TO  POSSESS  A  FIREARM,  SHARES,  MAKES
AVAILABLE,  SELLS,  EXCHANGES,  GIVES OR DISPOSES OF A COMMUNITY GUN, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06323-02-3

A. 3255                             2

ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN  FACT
AIDS  A  PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CRIME, INCLUDING,
BUT NOT LIMITED TO, A CRIME SET FORTH IN ARTICLE TWO HUNDRED  SIXTY-FIVE
OF THIS PART.
  Criminal facilitation in the fourth degree is a class A misdemeanor.
  S  2.  Section 115.01 of the penal law, as added by chapter 422 of the
laws of 1978, is amended to read as follows:
S 115.01 Criminal facilitation in the third degree.
  A person IS guilty of criminal facilitation in the third degree, when:
  1. believing it probable that he OR SHE is rendering aid to  a  person
under  sixteen  years of age who intends to engage in conduct that would
constitute a felony, he OR  SHE,  being  over  eighteen  years  of  age,
engages  in conduct which provides such person with means or opportunity
for the commission thereof and which in fact aids such person to  commit
a felony; OR
  2.  HE  OR  SHE,  BEING  OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
PURSUANT TO NEW YORK STATE LAW  TO  POSSESS  A  FIREARM,  SHARES,  MAKES
AVAILABLE,  SELLS,  EXCHANGES,  GIVES OR DISPOSES OF A COMMUNITY GUN, OR
ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN  FACT
AIDS  A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A FELONY, INCLUDING,
BUT NOT LIMITED TO, A FELONY SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE
OF THIS PART.
  Criminal facilitation in the third degree is a class E felony.
  S 3. Section 115.05 of the penal law, as amended by chapter 422 of the
laws of 1978, is amended to read as follows:
S 115.05 Criminal facilitation in the second degree.
  A person is guilty of  criminal  facilitation  in  the  second  degree
when[,]:
  1.  believing  it probable that he OR SHE is rendering aid to a person
who intends to commit a class A felony, he OR  SHE  engages  in  conduct
which  provides such person with means or opportunity for the commission
thereof and which in fact aids  such  person  to  commit  such  class  A
felony; OR
  2.  HE  OR  SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO
POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS,  EXCHANGES,  GIVES  OR
DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A CLASS A FELONY.
  Criminal facilitation in the second degree is a class C felony.
  S  4.  Section 115.08 of the penal law, as added by chapter 422 of the
laws of 1978, is amended to read as follows:
S 115.08 Criminal facilitation in the first degree.
  A person is guilty  of  criminal  facilitation  in  the  first  degree
when[,]:
  1.  believing  it probable that he OR SHE is rendering aid to a person
under sixteen years of age who intends to engage in conduct  that  would
constitute  a  class  A  felony, he OR SHE, being over eighteen years of
age, engages in conduct which provides such person with means or  oppor-
tunity  for the commission thereof and which in fact aids such person to
commit such a class A felony; OR
  2. HE OR SHE, BEING OVER EIGHTEEN YEARS  OF  AGE  AND  NOT  AUTHORIZED
PURSUANT  TO  NEW  YORK  STATE  LAW  TO POSSESS A FIREARM, SHARES, MAKES
AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A  COMMUNITY  GUN,  OR
ASSISTS  ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT
AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CLASS A FELONY.
  Criminal facilitation in the first degree is a class B felony.
  S 5. Section 115.15 of the penal law is amended to read as follows:

A. 3255                             3

S 115.15 Criminal facilitation; corroboration.
  A  person  shall  not  be  convicted of criminal facilitation upon the
testimony of a person who has committed the felony charged to have  been
facilitated unless such testimony be corroborated by such other evidence
as  tends to connect the defendant with such facilitation; PROVIDED THAT
THIS SECTION SHALL NOT APPLY TO A CONVICTION  OF  CRIMINAL  FACILITATION
FOR  SHARING, MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR DISPOSING
OF A COMMUNITY GUN, OR ASSISTING ANY PERSON IN SUCH ACTIVITY.
  S 6. The penal law is amended by adding a new section 115.20  to  read
as follows:
S 115.20 CRIMINAL FACILITATION; DEFINITIONS AND CONSTRUCTION.
  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  1. "COMMUNITY GUN" SHALL MEAN A FIREARM THAT IS  SHARED,  MADE  AVAIL-
ABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR MORE
PERSONS,  AT  LEAST  ONE  OF  WHOM  IS NOT AUTHORIZED PURSUANT TO LAW TO
POSSESS A FIREARM.
  2. "DISPOSE OF" SHALL HAVE THE SAME MEANING  AS  PROVIDED  IN  SECTION
265.00 OF THIS PART.
  3.  "SHARE"  AND  "MAKE AVAILABLE" SHALL, IN THE CASE OF A FIREARM, BE
CONSTRUED TO INCLUDE, BUT SHALL NOT BE LIMITED TO, PLACING SUCH  FIREARM
AT A LOCATION ACCESSIBLE AND KNOWN TO ONE OR MORE OTHER PERSONS.
  S 7. Section 265.00 of the penal law is amended by adding a new subdi-
vision 25 to read as follows:
  25.  "COMMUNITY  GUN"  SHALL  HAVE THE DEFINITION SET FORTH IN SECTION
115.20 OF THIS PART, AND THE TERMS "SHARE" AND "MAKE AVAILABLE" SHALL BE
CONSTRUED AS SET FORTH IN SUCH SECTION.
  S 8. Section 265.11 of the penal law, as amended by chapter 764 of the
laws of 2005, is amended to read as follows:
S 265.11 Criminal sale of a firearm in the third degree.
  A person is guilty of criminal sale of a firearm in the  third  degree
when  such person is not authorized pursuant to law to possess a firearm
and such person unlawfully either:
  (1) sells, exchanges, gives or disposes of a firearm or large capacity
ammunition feeding device to another person; [or]
  (2) possesses a firearm with the intent to sell it; OR
  (3) SHARE OR MAKES AVAILABLE A COMMUNITY GUN.
  Criminal sale of a firearm in the third degree is a class D felony.
  S 9. Section 265.13 of the penal law, as amended by chapter 764 of the
laws of 2005, is amended to read as follows:
S 265.13 Criminal sale of a firearm in the first degree.
  A person is guilty of criminal sale of a firearm in the  first  degree
when such person:
  (1)  unlawfully  sells, exchanges, gives or disposes of to another ten
or more firearms; [or]
  (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
person  or  persons  a  total of ten or more firearms in a period of not
more than one year; OR
  (3) BEING NOT AUTHORIZED BY NEW YORK STATE LAW TO  POSSESS  A  FIREARM
UNLAWFULLY SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES, OR DISPOSES
OF  A FIREARM TO ANOTHER PERSON, AND, WITHIN THREE YEARS THEREAFTER, THE
FIREARM IS DISCHARGED AND CAUSES THE  DEATH  OF  ANOTHER  PERSON.    THE
PROVISIONS  OF  THIS  SUBDIVISION SHALL ONLY APPLY WHEN SUCH FIREARM WAS
DISCHARGED  INTENTIONALLY,  RECKLESSLY  OR  WITH  CRIMINAL   NEGLIGENCE,
PROVIDED  THAT  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY WHEN
SUCH FIREARM WAS DISCHARGED INTENTIONALLY  FOR  PURPOSES  OF  COMMITTING

A. 3255                             4

SUICIDE.  FOR  PURPOSES  OF  THIS  SUBDIVISION, THE TERM "FIREARM" SHALL
INCLUDE BUT NOT BE LIMITED TO A COMMUNITY GUN.
  Criminal sale of a firearm in the first degree is a class B felony.
  S  10.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.

co-Sponsors

multi-Sponsors

2013-A3255A (ACTIVE) - Details

See Senate Version of this Bill:: S5602
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§115.00, 115.01, 115.05, 115.08, 115.15, 115.20, 265.00, 265.11 & 265.13, Pen L
Versions Introduced in 2015-2016 Legislative Session:: A4689

2013-A3255A (ACTIVE) - Summary

Includes sharing, making available, selling, exchanging, giving or disposing of a community gun as an element of certain criminal acts including criminal facilitation and criminal sale of a firearm.

2013-A3255A (ACTIVE) - Bill Text download pdf

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

                                 3255--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M. of A. CLARK, SIMOTAS, JAFFEE -- Multi-Sponsored by --
  M. of A.  COOK,  ENGLEBRIGHT,  GOTTFRIED,  JACOBS  --  read  once  and
  referred  to the Committee on Codes -- recommitted to the Committee on
  Codes in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the penal law, in relation to community guns and the
  criminal sale of a firearm in the first and third degrees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 115.00 of the penal law, as amended by chapter 422
of the laws of 1978, is amended to read as follows:
S 115.00 Criminal facilitation in the fourth degree.
  A person is guilty of  criminal  facilitation  in  the  fourth  degree
when[,]:
  1. believing it probable that he OR SHE is rendering aid:
  [1.]  A.  to a person who intends to commit a crime, he OR SHE engages
in conduct which provides such person with means or opportunity for  the
commission  thereof and which in fact aids such person to commit a felo-
ny; or
  [2.] B. to a person under sixteen years of age who intends  to  engage
in  conduct  which would constitute a crime, he OR SHE, being over eigh-
teen years of age, engages in conduct which provides  such  person  with
means  or  opportunity for the commission thereof and which in fact aids
such person to commit a crime; OR
  2. HE OR SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK  STATE  LAW  TO
POSSESS  A  FIREARM  SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES OR
DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A FELONY, INCLUD-
ING, BUT NOT LIMITED TO, A FELONY  SET  FORTH  IN  ARTICLE  TWO  HUNDRED
SIXTY-FIVE OF THIS PART; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06323-04-4

A. 3255--A                          2

  3.  HE  OR  SHE,  BEING  OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
PURSUANT TO NEW YORK STATE LAW  TO  POSSESS  A  FIREARM,  SHARES,  MAKES
AVAILABLE,  SELLS,  EXCHANGES,  GIVES OR DISPOSES OF A COMMUNITY GUN, OR
ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN  FACT
AIDS  A  PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CRIME, INCLUDING,
BUT NOT LIMITED TO, A CRIME SET FORTH IN ARTICLE TWO HUNDRED  SIXTY-FIVE
OF THIS PART.
  Criminal facilitation in the fourth degree is a class A misdemeanor.
  S  2.  Section 115.01 of the penal law, as added by chapter 422 of the
laws of 1978, is amended to read as follows:
S 115.01 Criminal facilitation in the third degree.
  A person IS guilty of criminal facilitation in the third degree, when:
  1. believing it probable that he OR SHE is rendering aid to  a  person
under  sixteen  years of age who intends to engage in conduct that would
constitute a felony, he OR  SHE,  being  over  eighteen  years  of  age,
engages  in conduct which provides such person with means or opportunity
for the commission thereof and which in fact aids such person to  commit
a felony; OR
  2.  HE  OR  SHE,  BEING  OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
PURSUANT TO NEW YORK STATE LAW  TO  POSSESS  A  FIREARM,  SHARES,  MAKES
AVAILABLE,  SELLS,  EXCHANGES,  GIVES OR DISPOSES OF A COMMUNITY GUN, OR
ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN  FACT
AIDS  A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A FELONY, INCLUDING,
BUT NOT LIMITED TO, A FELONY SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE
OF THIS PART.
  Criminal facilitation in the third degree is a class E felony.
  S 3. Section 115.05 of the penal law, as amended by chapter 422 of the
laws of 1978, is amended to read as follows:
S 115.05 Criminal facilitation in the second degree.
  A person is guilty of  criminal  facilitation  in  the  second  degree
when[,]:
  1.  believing  it probable that he OR SHE is rendering aid to a person
who intends to commit a class A felony, he OR  SHE  engages  in  conduct
which  provides such person with means or opportunity for the commission
thereof and which in fact aids  such  person  to  commit  such  class  A
felony; OR
  2.  HE  OR  SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO
POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS,  EXCHANGES,  GIVES  OR
DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A CLASS A FELONY.
  Criminal facilitation in the second degree is a class C felony.
  S  4.  Section 115.08 of the penal law, as added by chapter 422 of the
laws of 1978, is amended to read as follows:
S 115.08 Criminal facilitation in the first degree.
  A person is guilty  of  criminal  facilitation  in  the  first  degree
when[,]:
  1.  believing  it probable that he OR SHE is rendering aid to a person
under sixteen years of age who intends to engage in conduct  that  would
constitute  a  class  A  felony, he OR SHE, being over eighteen years of
age, engages in conduct which provides such person with means or  oppor-
tunity  for the commission thereof and which in fact aids such person to
commit such a class A felony; OR
  2. HE OR SHE, BEING OVER EIGHTEEN YEARS  OF  AGE  AND  NOT  AUTHORIZED
PURSUANT  TO  NEW  YORK  STATE  LAW  TO POSSESS A FIREARM, SHARES, MAKES
AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A  COMMUNITY  GUN,  OR

A. 3255--A                          3

ASSISTS  ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT
AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CLASS A FELONY.
  Criminal facilitation in the first degree is a class B felony.
  S 5. Section 115.15 of the penal law is amended to read as follows:
S 115.15 Criminal facilitation; corroboration.
  A  person  shall  not  be  convicted of criminal facilitation upon the
testimony of a person who has committed the felony charged to have  been
facilitated unless such testimony be corroborated by such other evidence
as  tends to connect the defendant with such facilitation; PROVIDED THAT
THIS SECTION SHALL NOT APPLY TO A CONVICTION  OF  CRIMINAL  FACILITATION
FOR  SHARING, MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR DISPOSING
OF A COMMUNITY GUN, OR ASSISTING ANY PERSON IN SUCH ACTIVITY.
  S 6. Section 115.20 of the penal law, as added by  chapter  1  of  the
laws of 2013, is amended to read as follows:
S 115.20 Criminal facilitation; definitions and construction.
  [For  purposes of this article, such conduct shall include, but not be
limited to, making available, selling, exchanging, giving  or  disposing
of  a  community  gun,  which  in fact, aids a person to commit a crime.
"Community gun" shall mean a  firearm  that  is  actually  shared,  made
available, sold, exchanged, given or disposed of among or between two or
more  persons, at least one of whom is not authorized pursuant to law to
possess such firearm. "Dispose of" shall have the same meaning  as  that
term  is  defined  in  section 265.00 of this chapter. "Share" and "make
available" shall, in the case of a  firearm,  be  construed  to  include
knowingly placing such firearm at a location accessible and known to one
or more other persons.]
  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  1. "COMMUNITY GUN" SHALL MEAN A FIREARM THAT IS  SHARED,  MADE  AVAIL-
ABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR MORE
PERSONS,  AT  LEAST  ONE  OF  WHOM  IS NOT AUTHORIZED PURSUANT TO LAW TO
POSSESS A FIREARM.
  2. "DISPOSE OF" SHALL HAVE THE SAME MEANING  AS  PROVIDED  IN  SECTION
265.00 OF THIS PART.
  3.  "SHARE"  AND  "MAKE AVAILABLE" SHALL, IN THE CASE OF A FIREARM, BE
CONSTRUED TO INCLUDE, BUT SHALL NOT BE LIMITED TO, PLACING SUCH  FIREARM
AT A LOCATION ACCESSIBLE AND KNOWN TO ONE OR MORE OTHER PERSONS.
  S 7. Section 265.00 of the penal law is amended by adding a new subdi-
vision 26 to read as follows:
  26.  "COMMUNITY  GUN"  SHALL  HAVE THE DEFINITION SET FORTH IN SECTION
115.20 OF THIS PART, AND THE TERMS "SHARE" AND "MAKE AVAILABLE" SHALL BE
CONSTRUED AS SET FORTH IN SUCH SECTION.
  S 8. Section 265.11 of the penal law, as amended by chapter 764 of the
laws of 2005, is amended to read as follows:
S 265.11 Criminal sale of a firearm in the third degree.
  A person is guilty of criminal sale of a firearm in the  third  degree
when  such person is not authorized pursuant to law to possess a firearm
and such person unlawfully either:
  (1) sells, exchanges, gives or disposes of a firearm or large capacity
ammunition feeding device to another person; [or]
  (2) possesses a firearm with the intent to sell it; OR
  (3) SHARE OR MAKES AVAILABLE A COMMUNITY GUN.
  Criminal sale of a firearm in the third degree is a class D felony.
  S 9. Section 265.13 of the penal law, as amended by chapter 764 of the
laws of 2005, is amended to read as follows:
S 265.13 Criminal sale of a firearm in the first degree.

A. 3255--A                          4

  A person is guilty of criminal sale of a firearm in the  first  degree
when such person:
  (1)  unlawfully  sells, exchanges, gives or disposes of to another ten
or more firearms; [or]
  (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
person  or  persons  a  total of ten or more firearms in a period of not
more than one year; OR
  (3) BEING NOT AUTHORIZED BY NEW YORK STATE LAW TO  POSSESS  A  FIREARM
UNLAWFULLY SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES, OR DISPOSES
OF  A FIREARM TO ANOTHER PERSON, AND, WITHIN THREE YEARS THEREAFTER, THE
FIREARM IS DISCHARGED AND CAUSES THE  DEATH  OF  ANOTHER  PERSON.    THE
PROVISIONS  OF  THIS  SUBDIVISION SHALL ONLY APPLY WHEN SUCH FIREARM WAS
DISCHARGED  INTENTIONALLY,  RECKLESSLY  OR  WITH  CRIMINAL   NEGLIGENCE,
PROVIDED  THAT  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY WHEN
SUCH FIREARM WAS DISCHARGED INTENTIONALLY  FOR  PURPOSES  OF  COMMITTING
SUICIDE.  FOR  PURPOSES  OF  THIS  SUBDIVISION, THE TERM "FIREARM" SHALL
INCLUDE BUT NOT BE LIMITED TO A COMMUNITY GUN.
  Criminal sale of a firearm in the first degree is a class B felony.
  S 10. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

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Assembly Bill A3255A

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Sponsored By

CLARK

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Aravella Simotas

Ellen C. Jaffee

multi-Sponsors

Vivian Cook

Steven Englebright

Richard Gottfried

Rhoda Jacobs

2013-A3255 - Details

2013-A3255 - Summary

2013-A3255 - Bill Text download pdf

co-Sponsors

Aravella Simotas

Ellen C. Jaffee

multi-Sponsors

Vivian Cook

Steven Englebright

Richard Gottfried

Rhoda Jacobs

2013-A3255A (ACTIVE) - Details

2013-A3255A (ACTIVE) - Summary

2013-A3255A (ACTIVE) - Bill Text download pdf

Comments