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Senate Bill S8173

2021-2022 Legislative Session

Relates to criminal sale of firearms

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S8173 (ACTIVE) - Details

See Assembly Version of this Bill:
A9041
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.12, 265.13 & 265.15, Pen L

2021-S8173 (ACTIVE) - Summary

Reduces the number of firearms sold as an element of criminal sale in the first and second degrees; provides that possession of three of more firearms is presumptive evidence of intent to sell.

2021-S8173 (ACTIVE) - Sponsor Memo

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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