Assembly Bill A8904

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8904
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 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.
                                                            LBD14174-01-1