S T A T E O F N E W Y O R K
________________________________________________________________________
4230
2019-2020 Regular Sessions
I N A S S E M B L Y
February 1, 2019
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to creating penalties for
straw purchasers of firearms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 115.08 of the penal law, as added by chapter 422 of
the laws of 1978, is amended to read as follows:
§ 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 PURCHASES A FIREARM IN HIS OR HER NAME WITH THE INTENT
OF TRANSFERRING POSSESSION OF SUCH FIREARM TO ANOTHER INDIVIDUAL AND
DOES SO TRANSFER SUCH FIREARM; OR
3. HE OR SHE ALLOWS ANOTHER PERSON TO USE HIS OR HER FIREARM TO ENGAGE
IN THE COMMISSION OF A CLASS A OR CLASS B FELONY.
Criminal facilitation in the first degree is a class B felony.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07400-01-9