Senate Bill S9137A

2023-2024 Legislative Session

Prohibits openly carrying a rifle or shotgun

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Sponsored By

Current Bill Status - In Assembly 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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co-Sponsors

2023-S9137 - Details

See Assembly Version of this Bill:
A10052
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.01 & 265.20, Pen L

2023-S9137 - Summary

Prohibits openly carrying a rifle or shotgun; establishes exemptions from such prohibition.

2023-S9137 - Sponsor Memo

2023-S9137 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9137
 
                             I N  S E N A T E
 
                              April 30, 2024
                                ___________
 
 Introduced  by  Sens. GIANARIS, CLEARE, GONZALEZ, GOUNARDES, HOYLMAN-SI-
   GAL, JACKSON, STAVISKY, THOMAS -- 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 openly carrying a rifle or
   shotgun
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 9, 9, and 10 of section 265.01  of  the  penal
 law, subdivision 9 as added by chapter 519 of the laws of 2021, subdivi-
 sion 9 as amended by chapter 149 of the laws of 2022, and subdivision 10
 as  amended  by  chapter  94  of the laws of 2022, are amended and a new
 subdivision 12 is added to read as follows:
   (9) Such person possesses a major component of a  firearm,  rifle,  or
 shotgun and such person is prohibited from possessing a FIREARM, shotgun
 or rifle pursuant to:
   (i) this article;
   (ii)  subsection  (g)  of section 922 of title 18 of the United States
 Code; or
   (iii) a temporary or final extreme risk protection order issued  under
 article sixty-three-A of the civil practice law and rules; or
   [(9)]  (10)  Such  person is not licensed as a gunsmith or a dealer in
 firearms pursuant to section 400.00 of this chapter and, knowing it is a
 ghost gun, such person possesses a ghost gun,  provided  that  a  person
 shall  not be guilty under this subdivision when [he or she] SUCH PERSON
 (a) voluntarily surrenders such ghost gun to any law  enforcement  offi-
 cial  designated pursuant to subparagraph (f) of paragraph one of subdi-
 vision [(a)] A of section 265.20 of this article; or (b) for a period of
 six months after the effective date of this section  possesses  a  ghost
 gun  prior  to serialization and registration of such ghost gun pursuant
 to section 265.07 of this article[.]; OR
   [(10)] (11) Such person is not licensed as a  gunsmith  or  dealer  in
 firearms  pursuant  to section 400.00 of this chapter and, knowing it is
 an unserialized frame or receiver or unfinished frame or receiver,  such
 person  possesses  an unserialized frame or receiver or unfinished frame
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S9137A (ACTIVE) - Details

See Assembly Version of this Bill:
A10052
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.01 & 265.20, Pen L

2023-S9137A (ACTIVE) - Summary

Prohibits openly carrying a rifle or shotgun; establishes exemptions from such prohibition.

2023-S9137A (ACTIVE) - Sponsor Memo

2023-S9137A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9137--A
 
                             I N  S E N A T E
 
                              April 30, 2024
                                ___________
 
 Introduced  by  Sens. GIANARIS, CLEARE, GONZALEZ, GOUNARDES, HOYLMAN-SI-
   GAL, JACKSON, STAVISKY, THOMAS -- read twice and ordered printed,  and
   when  printed  to  be committed to the Committee on Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law, in relation to openly carrying a rifle or
   shotgun

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  9, 9, and 10 of section 265.01 of the penal
 law, subdivision 9 as added by chapter 519 of the laws of 2021, subdivi-
 sion 9 as amended by chapter 149 of the laws of 2022, and subdivision 10
 as amended by chapter 94 of the laws of 2022,  are  amended  and  a  new
 subdivision 12 is added to read as follows:
   (9)  Such  person  possesses a major component of a firearm, rifle, or
 shotgun and such person is prohibited from possessing a FIREARM, shotgun
 or rifle pursuant to:
   (i) this article;
   (ii) subsection (g) of section 922 of title 18 of  the  United  States
 Code; or
   (iii)  a temporary or final extreme risk protection order issued under
 article sixty-three-A of the civil practice law and rules; or
   [(9)] (10) Such person is not licensed as a gunsmith or  a  dealer  in
 firearms pursuant to section 400.00 of this chapter and, knowing it is a
 ghost  gun,  such  person  possesses a ghost gun, provided that a person
 shall not be guilty under this subdivision when [he or she] SUCH  PERSON
 (a)  voluntarily  surrenders such ghost gun to any law enforcement offi-
 cial designated pursuant to subparagraph (f) of paragraph one of  subdi-
 vision [(a)] A of section 265.20 of this article; or (b) for a period of
 six  months  after  the effective date of this section possesses a ghost
 gun prior to serialization and registration of such ghost  gun  pursuant
 to section 265.07 of this article[.]; OR
   [(10)]  (11)  Such  person  is not licensed as a gunsmith or dealer in
 firearms pursuant to section 400.00 of this chapter and, knowing  it  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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Thomas_Stirnweis
4 weeks ago

Reject this bill.
Honor your oath to defend the second amendment to the US Constitution.
There is no historical analog supporting this legislation under the SCOTUS' Bruen test.

"...the right of the people to keep and BEAR arms shall not be infringed."

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.