Senate Bill S7121

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7121
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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 removing the  maximum  age
   limit for firearms instruction exemptions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 7 of subdivision (a) of  section  265.20  of  the
 penal  law, as amended by chapter 180 of the laws of 1998, is amended to
 read as follows:
   7. Possession, at an indoor or outdoor shooting range for the  purpose
 of  loading  and  firing, of a rifle or shotgun, the propelling force of
 which is gunpowder by a person [under sixteen  years  of  age  but]  not
 under twelve YEARS OF AGE, under the immediate supervision, guidance and
 instruction  of  (a)  a  duly  commissioned officer of the United States
 army, navy, air force, marine corps or coast guard, or of  the  national
 guard of the state of New York; or (b) a duly qualified adult citizen of
 the United States who has been granted a certificate as an instructor in
 small arms practice issued by the United States army, navy, air force or
 marine  corps,  or  by  the  adjutant  general  of this state, or by the
 national rifle association of America, a not-for-profit corporation duly
 organized under the laws of this state; or (c) a parent, guardian, or  a
 person  over the age of eighteen designated in writing by such parent or
 guardian who shall have a certificate of  qualification  in  responsible
 hunting,   including  safety,  ethics,  and  landowner  relations-hunter
 relations, issued or honored by the department of environmental  conser-
 vation;  or (d) an agent of the department of environmental conservation
 appointed to conduct courses in responsible hunting  practices  pursuant
 to article eleven of the environmental conservation law.
   §  2.  Paragraph 7-c of subdivision (a) of section 265.20 of the penal
 law, as added by chapter 651 of the laws of 1996, is amended to read  as
 follows:
   7-c.  Possession  for  the  purpose of loading and firing, of a rifle,
 pistol or shotgun, the propelling force of  which  may  be  either  air,
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13905-01-7

 S. 7121                             2
 
 compressed  gas or springs, by a person [under sixteen years of age but]
 not under twelve YEARS OF AGE, under the immediate supervision, guidance
 and instruction of (a) a duly commissioned officer of the United  States
 army, navy, marine corps or coast guard, or of the national guard of the
 state  of  New York; or (b) a duly qualified adult citizen of the United
 States who has been granted a certificate as an instructor in small arms
 practice issued by the United States army, navy or marine corps,  or  by
 the adjutant general of this state, or by the national rifle association
 of  America,  a not-for-profit corporation duly organized under the laws
 of this state; or (c) a parent, guardian, or a person over  the  age  of
 eighteen designated in writing by such parent or guardian who shall have
 a certificate of qualification in responsible hunting, including safety,
 ethics,  and  landowner relations-hunter relations, issued or honored by
 the department of environmental conservation.
   § 3. Paragraph 7-e of subdivision (a) of section 265.20 of  the  penal
 law,  as  amended by chapter 281 of the laws of 2006, is amended to read
 as follows:
   7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
 outdoor  pistol  range  located in or on premises owned or occupied by a
 duly incorporated organization organized for conservation purposes or to
 foster proficiency in small arms or at a target pistol shooting competi-
 tion under the auspices of or approved by an association or organization
 described in paragraph 7-a of this subdivision for the purpose of  load-
 ing  and firing the same by a person at least fourteen years of age [but
 under the age of twenty-one] who has not been previously convicted of  a
 felony  or  serious  offense,  and  who does not appear to be, or pose a
 threat to be, a danger to himself or to others; provided  however,  that
 such  possession  shall  be of a pistol or revolver duly licensed to and
 shall be used under the immediate supervision, guidance and  instruction
 of, a person specified in paragraph seven of this subdivision.
   § 4. This act shall take effect immediately.