NY State Senate Bill 2021-S476

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 06, 2021	referred to codes

2021-S476 (ACTIVE) - Details

See Assembly Version of this Bill:: A412
Current Committee:: Senate 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: S7890, A10426
2019-2020: S2280, A7460
2023-2024: A442
2025-2026: A346

2021-S476 (ACTIVE) - Summary

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

2021-S476 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S476

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the offense
of unlawful possession of firearms by persons under twenty-one

 
SUMMARY OF PROVISIONS:

Section 1 of the bill removes a provision in section 265.05 of the penal
law that establishes the minimum age of certain gun provisions as
sixteen.

Section 2 of the bill creates a new section 265.05-a of the penal law
that establishes that it shall be unlawful for any person under age
twenty-one to posses any rifle, shotgun, or firearm, except for those
carrying a hunting license and using the gun in accordance with that
license.

Section 3 of the bill adds section 265.05-a to the preexisting list of
exceptions as set forth in section 265.20 of the penal law.

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

The school shooting at Marjory Stoneman Douglas High School in Parkland,
Florida on February 14, 2018 that left 17 students murdered by 19-year
old Nikolas Cruz has brought renewed focus on the ability of Americans
to access and use deadly weapons. One area that requires further atten-
tion is the ability for young people to legally possess certain types of
firearms.

While federal law prohibits licensed firearm dealers from selling long
guns rifles and shotguns - to anyone under age 18, there is no federal
age limit for possession of a long gun. In New York, the minimum age to
possess a long gun is just 16, though you must be age 21 to obtain a
license to possess any type of handgun. This loophole allows young
people ages 16 to 21 to use long guns for whatever legal purpose they
want, such as target practice or skeet shooting, and opens up the possi-
bility of misuse of these weapons.

Twenty-three states have recognized the need to set a minimum age for
long gun possession. Hawaii, Illinois, and the District of Columbia all
have laws setting the minimum age of long gun possession at 21, accord-
ing to the Giffords Law Center to Prevent Gun Violence, and others have
set this level between 18 and 21.

This bill would close the loophole that allows young people under age 21
to possess long guns. Exceptions would remain in place for those with
hunting licenses, the military, police, and use at licensed shooting
ranges.

Raising the minimum age of long gun possession will help protect our
young people and the broader public from the dangerous misuse of
firearms and help prevent future tragedies.

 
LEGISLATIVE HISTORY:
S.2280 of 2019-2020 (Hoylman): Died in Codes
A.7460 of 2019-2020 (Paulin): Died in Codes
S.7890 of 2018 (Hoylman): Died in Codes

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S476 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    476
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 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

                       [ ] is old law to be omitted.
                                                            LBD02069-01-1

 S. 476                              2
 
 CONSERVATION  LAW  AND  USED  IN  ACCORDANCE  WITH SAID LAW SHALL NOT BE
 GOVERNED BY THIS SECTION.
   UNLAWFUL  POSSESSION  OF  FIREARMS  BY  PERSONS  UNDER TWENTY-ONE IS A
 VIOLATION; PROVIDED THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO VIOLATES
 THE PROVISIONS OF THIS SECTION SHALL BE ADJUDGED A JUVENILE DELINQUENT.
   § 3. The opening paragraph of subdivision a of section 265.20  of  the
 penal  law, as separately amended by chapters 130 and 134 of the laws of
 2019, is amended to read as follows:
   Paragraph (h) of subdivision twenty-two of section 265.00 and sections
 265.01, 265.01-a, 265.01-b, 265-01-c, 265.02,  265.03,  265.04,  265.05,
 265.05-A,  265.10,  265.11,  265.12,  265.13,  265.15,  265.36,  265.37,
 265.50, 265.55 and 270.05 shall not apply to:
   § 4. This act shall take effect immediately.

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Senate Bill S476

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S476 (ACTIVE) - Details

2021-S476 (ACTIVE) - Summary

2021-S476 (ACTIVE) - Sponsor Memo

2021-S476 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2021-S476 (ACTIVE) - Details

2021-S476 (ACTIVE) - Summary

2021-S476 (ACTIVE) - Sponsor Memo

2021-S476 (ACTIVE) - Bill Text download pdf

Comments