Senate Bill S8782

2021-2022 Legislative Session

Relates to the possession of a rifle, shotgun, or other long gun by a person convicted of a felony or serious offense; repealer

download bill text pdf

Sponsored By

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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2021-S8782 (ACTIVE) - Details

See Assembly Version of this Bill:
A9943
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §265.01 subs 3 & 4, amd §§265.02, 265.03 & 265.20, Pen L

2021-S8782 (ACTIVE) - Summary

Increases the penalty for a person convicted of a felony or serious offense for possessing a rifle, shotgun, or other long gun from a misdemeanor to a felony.

2021-S8782 (ACTIVE) - Sponsor Memo

2021-S8782 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8782
 
                             I N  S E N A T E
 
                              April 14, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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 the possession of a rifle,
   shotgun, or other long gun by a person convicted of a felony or  seri-
   ous  offense;  and  to  repeal certain provisions of such law relating
   thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 4 of section 265.01 of the penal law are
 REPEALED.
   §  2.  Subdivision  10 of section 265.02 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended and a new  subdivision  11  is
 added to read as follows:
   (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
   (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.
   § 3. Subdivision 3 of section 265.03 of the penal law, as  amended  by
 chapter  745  of the laws of 2006, is amended and a new subdivision 4 is
 added to read as follows:
   (3) such person possesses any loaded firearm.  Such  possession  shall
 not, except as provided in subdivision one or seven of section 265.02 of
 this  article,  constitute  a  violation  of  this  subdivision  if such
 possession takes place in such person's home or place of business[.]; OR
   (4) SUCH PERSON POSSESSES A LOADED 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.
   §  4. Paragraph 5 of subdivision a of section 265.20 of the penal law,
 as amended by chapter 235 of  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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