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Assembly Bill A412

2021-2022 Legislative Session

Establishes the offense of unlawful possession of firearms by persons under twenty-one

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Archive: Last Bill Status - In Assembly Committee

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2021-A412 (ACTIVE) - Details

See Senate Version of this Bill:
S476
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.05 & 265.20, add §265.05-a, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10426, S7890
2019-2020: A7460, S2280
2023-2024: A442
2025-2026: A346

2021-A412 (ACTIVE) - Summary

Establishes the offense of unlawful possession of firearms by persons under twenty-one.

2021-A412 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    412
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to establishing the offense
   of unlawful possession of firearms by persons under twenty-one

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 265.05 of the penal law, as amended by chapter 56
 of the laws of 1985, is amended to read as follows:
 § 265.05 Unlawful possession of weapons by persons under sixteen.
   It shall be unlawful for any  person  under  the  age  of  sixteen  to
 possess  any  air-gun, spring-gun or other instrument or weapon in which
 the propelling force is a spring or air[, or any gun or  any  instrument
 or  weapon  in or upon which any loaded or blank cartridges may be used,
 or any loaded or  blank  cartridges  or  ammunition  therefor,]  or  any
 dangerous  knife;  provided  that  the possession of rifle or shotgun or
 ammunition therefor by the holder of a hunting license or permit  issued
 pursuant  to  article  eleven  of the environmental conservation law and
 used in accordance with said law shall not be governed by this section.
   A person who violates the provisions of this section shall be adjudged
 a juvenile delinquent.
   § 2. The penal law is amended by adding a new section 265.05-a to read
 as follows:
 § 265.05-A UNLAWFUL POSSESSION OF FIREARMS BY PERSONS UNDER TWENTY-ONE.
   IT SHALL BE UNLAWFUL FOR ANY PERSON UNDER THE  AGE  OF  TWENTY-ONE  TO
 POSSESS  ANY  RIFLE, SHOTGUN, OR FIREARM AS DEFINED IN SECTION 265.00 OF
 THIS ARTICLE, OR ANY GUN OR ANY INSTRUMENT OR WEAPON IN  OR  UPON  WHICH
 ANY  LOADED  OR  BLANK  CARTRIDGES  MAY  BE USED, OR ANY LOADED OR BLANK
 CARTRIDGES OR AMMUNITION THEREFOR, PROVIDED THAT  THE  POSSESSION  OF  A
 RIFLE  OR  SHOTGUN  OR  AMMUNITION  THEREFOR  BY THE HOLDER OF A HUNTING
 LICENSE OR PERMIT ISSUED PURSUANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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