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

                                                           LBD15149-01-6

A. 10173                            2

section 125.27 of this chapter or attempted aggravated murder as defined
in  article  one  hundred ten of this chapter and section 125.26 of this
chapter such minimum period shall be not less than twenty years nor more
than  forty years, AND, (D) WHERE A SENTENCE IS IMPOSED UPON A DEFENDANT
CONVICTED OF OPERATING AS A MAJOR  FIREARMS  TRAFFICKER  AS  DEFINED  IN
SECTION  265.46  OF  THIS  CHAPTER SUCH MINIMUM PERIOD SHALL BE NOT LESS
THAN FIFTEEN YEARS.
  S 3. This act shall take effect immediately.