Senate Bill S1523

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1523
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 Introduced  by  Sens.  O'MARA,  BORRELLO,  OBERACKER  --  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 stolen firearms, shotguns
   and rifles; and to repeal certain  provisions  of  such  law  relating
   thereto, and relating to making technical corrections thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 265.04 of the penal law, as amended by chapter  764
 of the laws of 2005, is amended to read as follows:
 § 265.04 Criminal possession of a weapon in the first degree.
   A  person  is  guilty  of criminal possession of a weapon in the first
 degree when such person:
   (1) possesses any explosive substance with  intent  to  use  the  same
 unlawfully against the person or property of another; [or]
   (2) possesses ten or more firearms[.]; OR
   (3) KNOWINGLY POSSESSES A FIREARM, RIFLE OR SHOTGUN THAT WAS STOLEN.
   Criminal possession of a weapon in the first degree is a class B felo-
 ny.
   §  2.  Subdivision 1 of section 265.09 of the penal law, as amended by
 chapter 650 of the laws of 1996, is amended to read as follows:
   (1) A person is guilty of criminal use  of  a  firearm  in  the  first
 degree when [he] SUCH PERSON:
   (A) commits any class B violent felony offense as defined in paragraph
 (a) of subdivision one of section 70.02 and [he] SUCH PERSON either:
   [(a)](I)  possesses  a deadly weapon, if the weapon is a loaded weapon
 from which a shot, readily capable of producing death or  other  serious
 injury may be discharged; or
   [(b)](II) displays what appears to be a pistol, revolver, rifle, shot-
 gun, machine gun or other firearm[.]; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04445-01-5
 S. 1523                             2
              

 
   (B)  COMMITS ANY FELONY OFFENSE DEFINED IN ARTICLE 120, 125, 130, 135,
 140, 155, OR 160 OF THIS CHAPTER WHILE KNOWINGLY POSSESSING  A  FIREARM,
 RIFLE OR SHOTGUN THAT IS STOLEN.
   Criminal use of a firearm in the first degree is a class B felony.
   §  3.  Section  265.13  of  the  penal law, as amended by section 1 of
 subpart A of part UU of chapter 56 of the laws of 2022,  is  amended  to
 read as follows:
 § 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 three or more firearms in a period  of  not
 more than one year; OR
   (3) UNLAWFULLY SELLS, EXCHANGES, GIVES OR DISPOSES OF TO ANOTHER INDI-
 VIDUAL OR INDIVIDUALS A FIREARM, RIFLE OR SHOTGUN THAT SUCH PERSON KNOWS
 TO BE STOLEN.
   Criminal sale of a firearm in the first degree is a class B felony.
   § 4. Subdivision 7 of section 155.30 of the penal law is REPEALED.
   §  5. Section 155.42 of the penal law, as amended by section 4 of part
 FF of chapter 55 of the laws of 2024, is REPEALED.
   § 6. Section 155.42 of the penal law, as amended by section 7 of  part
 O of chapter 56 of the laws of 2024, is amended to read as follows:
 § 155.42 Grand larceny in the first degree.
   A person is guilty of grand larceny in the first degree when:
   1.  such  person  steals  property  and when the value of the property
 exceeds one million dollars; [or]
   2. such person commits deed theft, regardless of  the  value,  of  (a)
 residential  real  property  that  is occupied as a home by at least one
 person; or (b) residential real property that involves a  home  that  is
 owned  by an elderly person, an incompetent, an incapacitated person, or
 physically disabled person; or (c) three or more residential real  prop-
 erties[.];
   3.  SUCH  PERSON  STEALS  PROPERTY AND THE PROPERTY CONSISTS OF RETAIL
 GOODS OR MERCHANDISE STOLEN PURSUANT TO A COMMON SCHEME  OR  PLAN  OR  A
 SINGLE,  ONGOING  INTENT TO DEPRIVE ANOTHER OR OTHERS OF THE PROPERTY OR
 TO APPROPRIATE THE PROPERTY TO THE ACTOR OR ANOTHER PERSON AND THE VALUE
 OF THE PROPERTY EXCEEDS ONE MILLION DOLLARS, WHICH VALUE MAY  BE  DETER-
 MINED  BY THE AGGREGATE VALUE OF ALL SUCH PROPERTY REGARDLESS OF WHETHER
 THE GOODS OR MERCHANDISE WERE STOLEN FROM THE  SAME  OWNER.  NOTHING  IN
 THIS  SUBDIVISION  SHALL  BE  READ TO LIMIT THE ABILITY TO AGGREGATE THE
 VALUE OF ANY PROPERTY OR THE ABILITY TO CHARGE  THE  LARCENY  OF  RETAIL
 GOODS OR MERCHANDISE UNDER ANOTHER APPLICABLE PROVISION OF LAW; OR
   4.  SUCH  PERSON STEALS PROPERTY AND WHEN THE PROPERTY CONSISTS OF ONE
 OR MORE FIREARMS, RIFLES OR SHOTGUNS,  AS  SUCH  TERMS  ARE  DEFINED  BY
 SECTION 265.00 OF THIS CHAPTER.
   Grand larceny in the first degree is a class B felony.
   § 7. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.