Senate Bill S596

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    596
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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 removing the  maximum  age
   limit for firearms instruction exemptions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 7 of subdivision a of section 265.20 of the penal
 law, as amended by chapter 150 of the laws of 2020, is amended  to  read
 as follows:
   7.  Possession, at an indoor or outdoor shooting range for the purpose
 of loading and firing, of a rifle or shotgun, the  propelling  force  of
 which  is  gunpowder  by  a  person [under sixteen years of age but] not
 under twelve YEARS OF AGE, under the immediate supervision, guidance and
 instruction of (a) a duly commissioned  officer  of  the  United  States
 army,  navy,  air force, marine corps or coast guard, or of the national
 guard of the state of New York; or (b) a duly qualified adult citizen of
 the United States who has been granted a certificate as an instructor in
 small arms practice issued by the United States army, navy, air force or
 marine corps, or by the adjutant general of this state, by the  national
 rifle  association  of America, a not-for-profit corporation duly organ-
 ized under the laws of this state, or by a New York state 4-H  certified
 shooting  sports instructor; or (c) a parent, guardian, or a person over
 the age of eighteen designated in writing by such parent or guardian who
 shall have  a  certificate  of  qualification  in  responsible  hunting,
 including  safety,  ethics,  and  landowner  relations-hunter relations,
 issued or honored by the department of  environmental  conservation;  or
 (d)  an  agent of the department of environmental conservation appointed
 to conduct courses in responsible hunting practices pursuant to  article
 eleven of the environmental conservation law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03351-01-3
 S. 596                              2
 
              

   §  2.  Paragraph  7-c  of subdivision a of section 265.20 of the penal
 law, as amended by chapter 150 of the laws of 2020, is amended  to  read
 as follows:
   7-c.  Possession  for  the  purpose of loading and firing, of a rifle,
 pistol or shotgun, the propelling force of  which  may  be  either  air,
 compressed  gas or springs, by a person [under sixteen years of age but]
 not under twelve YEARS OF AGE, under the immediate supervision, guidance
 and instruction of (a) a duly commissioned officer of the United  States
 army, navy, marine corps or coast guard, or of the national guard of the
 state  of  New York; or (b) a duly qualified adult citizen of the United
 States who has been granted a certificate as an instructor in small arms
 practice issued by the United States army, navy or marine corps,  or  by
 the adjutant general of this state, by the national rifle association of
 America,  a  not-for-profit corporation duly organized under the laws of
 this state, or by  a  New  York  state  4-H  certified  shooting  sports
 instructor; or (c) a parent, guardian, or a person over the age of eigh-
 teen  designated  in writing by such parent or guardian who shall have a
 certificate of qualification in responsible hunting,  including  safety,
 ethics,  and  landowner relations-hunter relations, issued or honored by
 the department of environmental conservation.
   § 3. Paragraph 7-e of subdivision a of section  265.20  of  the  penal
 law,  as  amended by chapter 281 of the laws of 2006, is amended to read
 as follows:
   7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
 outdoor  pistol  range  located in or on premises owned or occupied by a
 duly incorporated organization organized for conservation purposes or to
 foster proficiency in small arms or at a target pistol shooting competi-
 tion under the auspices of or approved by an association or organization
 described in paragraph [7-a] SEVEN-A of this subdivision for the purpose
 of loading and firing the same by a person at least  fourteen  years  of
 age  [but  under  the  age  of  twenty-one]  who has not been previously
 convicted of a felony or serious offense, and who does not appear to be,
 or pose a threat to be, a danger  to  himself  or  to  others;  provided
 however,  that  such  possession  shall  be of a pistol or revolver duly
 licensed to and shall be used under the immediate supervision,  guidance
 and instruction of, a person specified in paragraph seven of this subdi-
 vision.
   § 4. This act shall take effect immediately.