assembly Bill A10173A

2015-2016 Legislative Session

Creates the offense of operating as a major firearms trafficker

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2016 print number 10173a
May 31, 2016 amend (t) and recommit to codes
May 16, 2016 referred to codes

Co-Sponsors

A10173 - Details

See Senate Version of this Bill:
S7470
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §265.46, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A360, S4385
2019-2020: A674, S6649
2021-2022: A659, S1922

A10173 - Summary

Establishes the class A-I felony of operating as a major firearms trafficker.

A10173 - Bill Text download pdf

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

                                  10173

                          I N  A S S E M B L Y

                              May 16, 2016
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend the penal law, in relation to creating the offense of
  operating as a major firearms trafficker and  establishing  sentencing
  guidelines

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

  Section 1. The penal law is amended by adding a new section 265.46  to
read as follows:
S 265.46 OPERATING AS A MAJOR FIREARMS TRAFFICKER.
  A  PERSON  IS  GUILTY OF OPERATING AS A MAJOR FIREARMS TRAFFICKER WHEN
SUCH PERSON:
  (1) UNLAWFULLY SELLS, EXCHANGES,  GIVES  OR  DISPOSES  OF  TO  ANOTHER
PERSON  OR PERSONS A TOTAL OF TWENTY OR MORE FIREARMS IN A PERIOD OF NOT
MORE THAN ONE YEAR; OR
  (2) UNLAWFULLY POSSESSES WITH INTENT TO SELL TWENTY OR MORE FIREARMS.
  OPERATING AS A MAJOR FIREARMS TRAFFICKER IS A CLASS A-I FELONY.
  S 2. Subparagraph (i) of paragraph (a) of  subdivision  3  of  section
70.00  of  the penal law, as amended by chapter 107 of the laws of 2006,
is amended to read as follows:
  (i) For a class A-I felony, such minimum period shall not be less than
fifteen years nor more than twenty-five years; provided,  however,  that
(A)  where  a sentence, other than a sentence of death or life imprison-
ment without parole, is imposed upon a defendant convicted of murder  in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years,  and,  (B) where a sentence is imposed upon a defendant convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or convicted of aggravated murder as  defined  in
section  125.26 of this chapter, the sentence shall be life imprisonment
without parole, and, (C) where a sentence is imposed  upon  a  defendant
convicted  of attempted murder in the first degree as defined in article
one hundred ten of this chapter and subparagraph (i), (ii) or  (iii)  of
paragraph (a) of subdivision one and paragraph (b) of subdivision one of

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

Co-Sponsors

A10173A (ACTIVE) - Details

See Senate Version of this Bill:
S7470
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §265.46, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A360, S4385
2019-2020: A674, S6649
2021-2022: A659, S1922

A10173A (ACTIVE) - Summary

Establishes the class A-I felony of operating as a major firearms trafficker.

A10173A (ACTIVE) - Bill Text download pdf

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

                                10173--A

                          I N  A S S E M B L Y

                              May 16, 2016
                               ___________

Introduced  by  M.  of A. PAULIN, MAYER -- read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the penal law, in relation to creating the offense of
  operating as a major firearms trafficker

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

  Section  1. The penal law is amended by adding a new section 265.46 to
read as follows:
S 265.46 OPERATING AS A MAJOR FIREARMS TRAFFICKER.
  A PERSON IS GUILTY OF OPERATING AS A MAJOR  FIREARMS  TRAFFICKER  WHEN
SUCH PERSON:
  (1)  UNLAWFULLY  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF TO ANOTHER
PERSON OR PERSONS A TOTAL OF TWENTY OR MORE FIREARMS IN A PERIOD OF  NOT
MORE THAN ONE YEAR; OR
  (2) UNLAWFULLY POSSESSES WITH INTENT TO SELL TWENTY OR MORE FIREARMS.
  OPERATING AS A MAJOR FIREARMS TRAFFICKER IS A CLASS A-I FELONY.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15149-03-6