senate Bill S5261

2019-2020 Legislative Session

Amends the definition of disguised gun to include certain guns that are designed and intended to appear to be a toy gun

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Apr 18, 2019 referred to codes

Co-Sponsors

S5261 (ACTIVE) - Details

See Assembly Version of this Bill:
A6947
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00 & 265.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5078
2011-2012: A1014
2013-2014: A3485
2015-2016: S4169, A3413
2017-2018: S4006, A3606
2021-2022: S7152, A6522

S5261 (ACTIVE) - Summary

Amends the definition of a "disguised gun" to include a weapon or device capable of being concealed on a person from which a shot can be discharged through the energy of an explosive which is designed and intended to appear to be a toy gun.

S5261 (ACTIVE) - Sponsor Memo

S5261 (ACTIVE) - Bill Text download pdf 


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

                                  5261

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 18, 2019
                               ___________

Introduced  by Sen. MARTINEZ -- 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  redefining  the  term
  "disguised  gun"  to include any rifle, pistol, shotgun or machine-gun
  resembling a toy gun and prohibiting the  possession,  manufacture  or
  design thereof

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

  Section 1. Subdivision 20 of section 265.00 of the penal law, as added
by chapter 378 of the laws of 1998, is amended to read as follows:
  20. "Disguised gun" means  any  weapon  or  device  capable  of  being
concealed  on the person from which a shot can be discharged through the
energy of an explosive and is designed and  intended  to  appear  to  be
EITHER;  (A)  something  other  than  a gun; OR (B) A TOY GUN THAT SHALL
INCLUDE, BUT NOT BE LIMITED TO, ANY RIFLE, PISTOL, SHOTGUN  OR  MACHINE-
GUN DISPLAYING A COLOR FINISH OTHER THAN THE ORIGINAL MANUFACTURE COLOR,
A  DECORATIVE  PATTERN  OR PLASTIC LIKE SURFACE; PROVIDED, HOWEVER, THAT
ANY RIFLE OR SHOTGUN DISPLAYING A CAMOUFLAGE  COLOR  FINISH  OR  PATTERN
THAT  IS INTENDED FOR HUNTING, AS DEFINED BY ARTICLE ELEVEN OF THE ENVI-
RONMENTAL CONSERVATION LAW, SHALL NOT BE CONSIDERED  A  "DISGUISED  GUN"
FOR PURPOSES OF THIS SECTION.
  § 2. Section 265.10 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8.  ANY  PERSON,  DEALER,  FIRM, PARTNERSHIP OR CORPORATION WHO INTEN-
TIONALLY DESIGNS OR TRANSFORMS A RIFLE, PISTOL, SHOTGUN  OR  MACHINE-GUN
TO  RESEMBLE  A  TOY  GUN  BY EITHER ALTERING OR CONCEALING THE ORIGINAL
COLOR OR SURFACE OF THE GUN WITH THE PURPOSE OF SELLING SUCH  WEAPON  IS
GUILTY OF A CLASS D FELONY.
  § 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10401-01-9

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