NY State Senate Bill 2021-S1456

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 12, 2021	referred to codes

2021-S1456 (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
2019-2020: S1009

2021-S1456 (ACTIVE) - Summary

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

2021-S1456 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1456

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 1 as amended by chapter 34 and subdivision
2 as amended by chapter 146 of the laws of 2019.

Section 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.

Section 3. Paragraph 5 of subdivision a of section 265.20 of the penal
law, 21 as amended by chapter 235 of the laws of 2007.

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 he 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:

2019-2020: S.1009 Referred to Codes

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.

2021-S1456 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1456
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 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 1 as amended by chapter 34 and subdivision
 2 as amended by chapter 146 of the laws of 2019, 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, switchblade knife, pilum ballistic knife, metal knuckle knife,
 cane  sword,  billy, blackjack, bludgeon, plastic knuckles, metal knuck-
 les, chuka stick, sand bag,  sandclub,  wrist-brace  type  slingshot  or
 slungshot, shirken, or "Kung Fu star";
   (2)  He  or  she possesses any dagger, dangerous knife, dirk, machete,
 razor, stiletto, imitation  pistol,  undetectable  knife  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

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

                                                            LBD03867-01-1

 S. 1456                             2

 of a police officer. Whenever a person  is  certified  not  suitable  to
 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. 1456                             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 S1456

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S1456 (ACTIVE) - Details

2021-S1456 (ACTIVE) - Summary

2021-S1456 (ACTIVE) - Sponsor Memo

2021-S1456 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1456

Share this bill

Sponsored By

Neil D. Breslin

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S1456 (ACTIVE) - Details

2021-S1456 (ACTIVE) - Summary

2021-S1456 (ACTIVE) - Sponsor Memo

2021-S1456 (ACTIVE) - Bill Text download pdf

Comments