NY State Senate Bill 2019-S1009

Archive: Last Bill Status - In Senate Committee Codes 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 10, 2019	referred to codes

2019-S1009 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.01, 265.02 & 265.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2919
2015-2016: S805
2017-2018: S2363
2021-2022: S1456

2019-S1009 (ACTIVE) - Summary

Increases the penalties for certain criminal possession of a weapon offenses from a misdemeanor to a class D felony.

2019-S1009 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1009

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the penal law, in relation to criminal possession of a
weapon

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide stronger penalties for an individual being found guilty of
criminal possession of a weapon.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 265.01 of the penal law as amended by Chapter 1 of
the laws of 2013, subdivision 2 as amended by Chapter 269 of the laws of
2016, removing four subsections (4, 6, 7 and 8) whereby a person can be
found guilty of criminal possession of a weapon in the fourth degree,
which currently is a class A misdemeanor.

Section 2. Incorporates those same subsections (4,6,7, and 8) which were
removed from section 265.01 of the penal law and places them into

Section 265.02 of the penal law which deals with criminal possession of
a weapon in the third degree, the penalty of which is a class D felony.

Section 2 of the bill also amends section 265.02 of the penal law to
state that a person is guilty of criminal possession of a weapon in the
third degree if such person possess a firearm and has been previously
convicted of a felony regardless if the felony conviction occurred with-
in the preceding five years.

Section 3. Makes technical corrections to paragraph 5 of subdivision a
of section 265.20 of the penal law.

Section 4. Effective Date

 
JUSTIFICATION:

In the light of the recent tragedies that have plagued the nation, it is
imperative that we enact sensible gun laws. The recently enacted NY SAFE
Act will do much to better protect the hard working men and women of
this state from senseless gun violence. This legislation furthers that
effort by increasing penalties for other various gun related offenses.

Convicted felons are routinely found in possession of various types of
firearms, however under current law the offense is only punishable by a
class A misdemeanor. This legislation increases that penalty to a class
D  felony.

Additionally, if a person possesses a firearm and has been previously
convicted of a felony, he or she can only then be convicted of a class D
felony if the offense occurred within the preceding five years. This
five year look back period should be removed and would be consistent
with other look back provisions that have been removed pertaining to
cases involving domestic violence, child abuse and sex crimes.


There are other provisions of the penal law pertaining to criminal
possession of a firearm that need to be strengthened as well. If a
person knowingly possesses a bullet containing an explosive substance
designed to detonate on impact, or if a person possesses any armor
piercing ammunition with the intent to use it unlawfully, they both only
carry the offense of a class A misdemeanor. Increasing the penalty for
these offenses to a class D felony is more appropriate.  Finally, under
current law if a person has been certified not suitable to possess a
rifle or shotgun and refuses to yield possession of such rifle or shot-
gun upon the demand of a police officer, he or she can only be charged
with a class A misdemeanor.  This legislation increases it to a class D
felony.

Providing harsher penalties for various gun related offenses will not
only make our streets safer, but will also provide law enforcement with
the tools necessary to better protect the public:

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: S.2363 Referred to Codes

2015-2016: S.805 Referred to Codes

2013-2014: S. 2919 Referred to Senate Codes Committee

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
90th day.

2019-S1009 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1009
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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 criminal possession  of  a
   weapon
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 265.01 of the penal law, as amended by chapter 1 of
 the laws of 2013, subdivision 2 as amended by chapter 269 of the laws of
 2016, is amended to read as follows:
 § 265.01 Criminal possession of a weapon in the fourth degree.
   A person is guilty of criminal possession of a weapon  in  the  fourth
 degree when:
   (1)  He  or she possesses any firearm, electronic dart gun, electronic
 stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
 knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
 metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
 shot or slungshot, shirken or "Kung Fu star"; or
   (2) He or she possesses any dagger, dangerous  knife,  dirk,  machete,
 razor,  stiletto,  imitation  pistol,  or  any other dangerous or deadly
 instrument or weapon with intent to  use  the  same  unlawfully  against
 another; or
   (3)[; or
   (4)  He  possesses  a  rifle,  shotgun,  antique firearm, black powder
 rifle, black powder shotgun, or any muzzle-loading firearm, and has been
 convicted of a felony or serious offense; or
   (5)] He possesses any dangerous or deadly weapon and is not a  citizen
 of the United States[; or
   (6)  He  is  a person who has been certified not suitable to possess a
 rifle or shotgun, as defined in subdivision sixteen of  section  265.00,
 and refuses to yield possession of such rifle or shotgun upon the demand
 of  a  police  officer.  Whenever  a person is certified not suitable to

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

                                                            LBD05926-01-9

 S. 1009                             2

 possess a rifle or shotgun, a member of the police department  to  which
 such  certification  is  made,  or  of the state police, shall forthwith
 seize any rifle or shotgun possessed by such person. A rifle or  shotgun
 seized as herein provided shall not be destroyed, but shall be delivered
 to  the  headquarters  of  such  police department, or state police, and
 there retained until the aforesaid certificate has been rescinded by the
 director or physician in charge, or other disposition of such  rifle  or
 shotgun has been ordered or authorized by a court of competent jurisdic-
 tion.
   (7)  He knowingly possesses a bullet containing an explosive substance
 designed to detonate upon impact.
   (8) He possesses any armor piercing ammunition with intent to use  the
 same unlawfully against another].
   Criminal  possession  of  a  weapon  in the fourth degree is a class A
 misdemeanor.
   § 2. Section 265.02 of the penal law, as amended by chapter 764 of the
 laws of 2005, subdivision 8 as amended and  subdivisions  9  and  10  as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
 § 265.02 Criminal possession of a weapon in the third degree.
   A  person  is  guilty  of criminal possession of a weapon in the third
 degree when:
   (1) Such person commits the crime of criminal possession of  a  weapon
 in  the fourth degree as defined in subdivision one, two[,] OR three [or
 five] of section 265.01, and has been previously convicted of any crime;
 or
   (2) Such person possesses any explosive or incendiary bomb, bombshell,
 firearm silencer, machine-gun or any other firearm or weapon  simulating
 a machine-gun and which is adaptable for such use; or
   (3)  Such  person knowingly possesses a machine-gun, firearm, rifle or
 shotgun which has  been  defaced  for  the  purpose  of  concealment  or
 prevention  of  the detection of a crime or misrepresenting the identity
 of such machine-gun, firearm, rifle or shotgun; or
   (5) (i) Such person possesses three or more  firearms;  or  (ii)  such
 person possesses a firearm and has been previously convicted of a felony
 or  a class A misdemeanor defined in this chapter [within the five years
 immediately preceding the commission of the offense] and such possession
 did not take place in the person's home or place of business; or
   (6) Such person knowingly possesses any disguised gun; or
   (7) Such person possesses an assault weapon; or
   (8) Such person possesses a large capacity ammunition feeding  device.
 For  purposes  of  this subdivision, a large capacity ammunition feeding
 device shall not include an ammunition feeding device lawfully possessed
 by such person before the effective date of the chapter of the  laws  of
 two thousand thirteen which amended this subdivision, that has a capaci-
 ty  of, or that can be readily restored or converted to accept more than
 seven but less than eleven rounds of ammunition, or  that  was  manufac-
 tured  before  September  thirteenth, nineteen hundred ninety-four, that
 has a capacity of, or that can  be  readily  restored  or  converted  to
 accept, more than ten rounds of ammunition; or
   (9)  Such person possesses an unloaded firearm and also commits a drug
 trafficking felony as defined in subdivision twenty-one of section 10.00
 of this chapter as part of the same criminal transaction; or
   (10) Such person possesses an unloaded firearm and  also  commits  any
 violent felony offense as defined in subdivision one of section 70.02 of
 this chapter as part of the same criminal transaction[.]; OR

 S. 1009                             3

   (11)  SUCH  PERSON  POSSESSES A RIFLE, SHOTGUN, ANTIQUE FIREARM, BLACK
 POWDER RIFLE, BLACK POWDER SHOTGUN, OR ANY MUZZLE-LOADING  FIREARM,  AND
 HAS BEEN CONVICTED OF A FELONY OR SERIOUS OFFENSE; OR
   (12)  SUCH  PERSON  IS A PERSON WHO HAS BEEN CERTIFIED NOT SUITABLE TO
 POSSESS A RIFLE OR SHOTGUN, AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION
 265.00, AND REFUSES TO YIELD POSSESSION OF SUCH RIFLE  OR  SHOTGUN  UPON
 THE DEMAND OF A POLICE OFFICER. WHENEVER A PERSON IS CERTIFIED NOT SUIT-
 ABLE TO POSSESS A RIFLE OR SHOTGUN, A MEMBER OF THE POLICE DEPARTMENT TO
 WHICH  SUCH  CERTIFICATION IS MADE, OR OF THE STATE POLICE, SHALL FORTH-
 WITH SEIZE ANY RIFLE OR SHOTGUN POSSESSED BY SUCH  PERSON.  A  RIFLE  OR
 SHOTGUN  SEIZED  AS HEREIN PROVIDED SHALL NOT BE DESTROYED, BUT SHALL BE
 DELIVERED TO THE  HEADQUARTERS  OF  SUCH  POLICE  DEPARTMENT,  OR  STATE
 POLICE,  AND  THERE  RETAINED  UNTIL  THE AFORESAID CERTIFICATE HAS BEEN
 RESCINDED BY THE DIRECTOR OR PHYSICIAN IN CHARGE, OR  OTHER  DISPOSITION
 OF  SUCH  RIFLE  OR SHOTGUN HAS BEEN ORDERED OR AUTHORIZED BY A COURT OF
 COMPETENT JURISDICTION; OR
   (13) SUCH PERSON KNOWINGLY POSSESSES A BULLET CONTAINING AN  EXPLOSIVE
 SUBSTANCE DESIGNED TO DETONATE UPON IMPACT; OR
   (14)  SUCH  PERSON POSSESSES ANY ARMOR PIERCING AMMUNITION WITH INTENT
 TO USE THE SAME UNLAWFULLY AGAINST ANOTHER.
   Criminal possession of a weapon in the third degree is a class D felo-
 ny.
   § 3. Paragraph 5 of subdivision a of section 265.20 of the penal  law,
 as  amended  by  chapter  235 of the laws of 2007, is amended to read as
 follows:
   5. Possession of a rifle or shotgun by a person other  than  a  person
 who  has  been  convicted  of  a  class  A-I  felony or a violent felony
 offense, as defined in subdivision one of section 70.02 of this chapter,
 who has been convicted  as  specified  in  subdivision  [four]  NINE  of
 section  [265.01]  265.02 to whom a certificate of good conduct has been
 issued pursuant to section seven hundred three-b of the correction law.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S1009

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2019-S1009 (ACTIVE) - Details

2019-S1009 (ACTIVE) - Summary

2019-S1009 (ACTIVE) - Sponsor Memo

2019-S1009 (ACTIVE) - Bill Text download pdf

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Sponsored By

Neil D. Breslin

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2019-S1009 (ACTIVE) - Details

2019-S1009 (ACTIVE) - Summary

2019-S1009 (ACTIVE) - Sponsor Memo

2019-S1009 (ACTIVE) - Bill Text download pdf

Comments