Assembly Actions -
Senate Actions - UPPERCASE
|Jan 31, 2022||
referred to codes
Senate Bill S8173
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S8173 (ACTIVE) - Details
2021-S8173 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8173 SPONSOR: THOMAS PURPOSE: To strengthen existing laws that prevent the unauthorized sale and possession of firearms. SUMMARY OF PROVISIONS: Section 1 amends penal law sections 265.12 and 265.13 to reduce the number of firearms that must be sold, exchanged, given, or disposed of in a one-year period to be a violation of criminal sale of a firearm in the second degree and criminal sale of a firearms in the first degree. Section 2 amends penal law section 265.15 to reduce the number of firearms possessed by a person that are presumptive evidence of intent to sell. Section 3 establishes the effective date. JUSTIFICATION:
2021-S8173 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 8173 A. 9041 S E N A T E - A S S E M B L Y January 31, 2022 ___________ IN SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print- ed, and when printed to be committed to the Committee on Codes IN ASSEMBLY -- Introduced by M. of A. LAVINE -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to criminal sale of firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Sections 265.12 and 265.13 of the penal law, as amended by chapter 764 of the laws of 2005, are amended to read as follows: § 265.12 Criminal sale of a firearm in the second degree. A person is guilty of criminal sale of a firearm in the second degree when such person: (1) unlawfully sells, exchanges, gives or disposes of to another five or more firearms; or (2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of [five] TWO or more firearms in a period of not more than one year. Criminal sale of a firearm in the second degree is a class C felony. § 265.13 Criminal sale of a firearm in the first degree. A person is guilty of criminal sale of a firearm in the first degree when such person: (1) unlawfully sells, exchanges, gives or disposes of to another ten or more firearms; or (2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of [ten] THREE or more firearms in a period of not more than one year. Criminal sale of a firearm in the first degree is a class B felony. § 2. Subdivision 6 of section 265.15 of the penal law, as added by chapter 233 of the laws of 1980, is amended to read as follows: 6. The possession of [five] THREE or more firearms by any person is presumptive evidence that such person possessed the firearms with the intent to sell same. § 3. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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