S T A T E O F N E W Y O R K
________________________________________________________________________
4038
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
___________
Introduced by M. of A. SALKA -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to lowering from 12 years to
10 years the minimum age of a child authorized to engage in supervised
loading and firing of rifles, shotguns and pistols, and increasing
from 18 years to 21 years the minimum age of the designated supervisor
of such a child
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs 7, 7-c and 7-d of subdivision a of section
265.20 of the penal law, as amended by chapter 150 of the laws of 2020,
are 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] TEN, 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, by the national rifle
association of America, a not-for-profit corporation duly organized
under the laws of this state, or by a New York state 4-H certified
shooting sports instructor; or (c) a parent, guardian, or a person over
the age of [eighteen] TWENTY-ONE 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07876-01-1
A. 4038 2
appointed to conduct courses in responsible hunting practices pursuant
to article eleven of the environmental conservation law.
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,
compressed gas or springs, by a person under sixteen years of age but
not under [twelve] TEN, 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, by the national rifle association of
America, a not-for-profit corporation duly organized under the laws of
this state, or by a New York state 4-H certified shooting sports
instructor; or (c) a parent, guardian, or a person over the age of
[eighteen] TWENTY-ONE 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.
7-d. Possession, at an indoor or outdoor shooting range for the
purpose of loading and firing, of a rifle, pistol or shotgun, the
propelling force of which may be either air, compressed gas or springs,
by a person under [twelve] TEN years of age, under the immediate super-
vision, 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, by the
national rifle association of America, a not-for-profit corporation duly
organized under the laws of this state, or by a New York state 4-H
certified shooting sports instructor; or (c) a parent, guardian, or a
person over the age of [eighteen] TWENTY-ONE 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.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.