Bill Text: NY A05392 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to removing the maximum age limit for firearms instruction exemptions; removes upper age limits of sixteen and twenty-one.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A05392 Detail]

Download: New_York-2019-A05392-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5392
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee 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:
     1    Section  1.  Paragraph  7  of subdivision (a) of section 265.20 of the
     2  penal law, as amended by chapter 180 of the laws of 1998, is amended  to
     3  read as follows:
     4    7.  Possession, at an indoor or outdoor shooting range for the purpose
     5  of loading and firing, of a rifle or shotgun, the  propelling  force  of
     6  which  is  gunpowder  by  a  person [under sixteen years of age but] not
     7  under twelve years of age, under the immediate supervision, guidance and
     8  instruction of (a) a duly commissioned  officer  of  the  United  States
     9  army,  navy,  air force, marine corps or coast guard, or of the national
    10  guard of the state of New York; or (b) a duly qualified adult citizen of
    11  the United States who has been granted a certificate as an instructor in
    12  small arms practice issued by the United States army, navy, air force or
    13  marine corps, or by the adjutant  general  of  this  state,  or  by  the
    14  national rifle association of America, a not-for-profit corporation duly
    15  organized  under the laws of this state; or (c) a parent, guardian, or a
    16  person over the age of eighteen designated in writing by such parent  or
    17  guardian  who  shall  have a certificate of qualification in responsible
    18  hunting,  including  safety,  ethics,  and  landowner   relations-hunter
    19  relations,  issued or honored by the department of environmental conser-
    20  vation; or (d) an agent of the department of environmental  conservation
    21  appointed  to  conduct courses in responsible hunting practices pursuant
    22  to article eleven of the environmental conservation law.
    23    § 2. Paragraph 7-c of subdivision (a) of section 265.20 of  the  penal
    24  law,  as added by chapter 651 of the laws of 1996, is amended to read as
    25  follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02723-01-9
        A. 5392                             2
     1    7-c. Possession for the purpose of loading and  firing,  of  a  rifle,
     2  pistol  or  shotgun,  the  propelling  force of which may be either air,
     3  compressed gas or springs, by a person [under sixteen years of age  but]
     4  not under twelve years of age, under the immediate supervision, guidance
     5  and  instruction of (a) a duly commissioned officer of the United States
     6  army, navy, marine corps or coast guard, or of the national guard of the
     7  state of New York; or (b) a duly qualified adult citizen of  the  United
     8  States who has been granted a certificate as an instructor in small arms
     9  practice  issued  by the United States army, navy or marine corps, or by
    10  the adjutant general of this state, or by the national rifle association
    11  of America, a not-for-profit corporation duly organized under  the  laws
    12  of  this  state;  or (c) a parent, guardian, or a person over the age of
    13  eighteen designated in writing by such parent or guardian who shall have
    14  a certificate of qualification in responsible hunting, including safety,
    15  ethics, and landowner relations-hunter relations, issued or  honored  by
    16  the department of environmental conservation.
    17    §  3.  Paragraph 7-e of subdivision (a) of section 265.20 of the penal
    18  law, as amended by chapter 281 of the laws of 2006, is amended  to  read
    19  as follows:
    20    7-e.  Possession  and  use  of  a  pistol or revolver, at an indoor or
    21  outdoor pistol range located in or on premises owned or  occupied  by  a
    22  duly incorporated organization organized for conservation purposes or to
    23  foster proficiency in small arms or at a target pistol shooting competi-
    24  tion under the auspices of or approved by an association or organization
    25  described in paragraph [7-a] seven-a of this subdivision for the purpose
    26  of  loading  and  firing the same by a person at least fourteen years of
    27  age [but under the age  of  twenty-one]  who  has  not  been  previously
    28  convicted of a felony or serious offense, and who does not appear to be,
    29  or  pose  a  threat  to  be,  a danger to himself or to others; provided
    30  however, that such possession shall be of  a  pistol  or  revolver  duly
    31  licensed  to and shall be used under the immediate supervision, guidance
    32  and instruction of, a person specified in paragraph seven of this subdi-
    33  vision.
    34    § 4. This act shall take effect immediately.