Bill Text: NY S02919 | 2013-2014 | General Assembly | Introduced
Bill Title: Increases the penalties for certain criminal possession of a weapon offenses from a misdemeanor to a class D felony.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S02919 Detail]
Download: New_York-2013-S02919-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2919 2013-2014 Regular Sessions I N S E N A T E January 25, 2013 ___________ Introduced by Sen. BRESLIN -- 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 criminal possession of a weapon THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 265.01 of the penal law, as amended by chapter 1 of 2 the laws of 2013, is amended to read as follows: 3 S 265.01 Criminal possession of a weapon in the fourth degree. 4 A person is guilty of criminal possession of a weapon in the fourth 5 degree when: 6 (1) He or she possesses any firearm, electronic dart gun, electronic 7 stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal 8 knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, 9 metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling- 10 shot or slungshot, shirken or "Kung Fu star"; or 11 (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, 12 imitation pistol, or any other dangerous or deadly instrument or weapon 13 with intent to use the same unlawfully against another; or 14 (3)[; or 15 (4) He possesses a rifle, shotgun, antique firearm, black powder 16 rifle, black powder shotgun, or any muzzle-loading firearm, and has been 17 convicted of a felony or serious offense; or 18 (5)] He possesses any dangerous or deadly weapon and is not a citizen 19 of the United States[; or 20 (6) He is a person who has been certified not suitable to possess a 21 rifle or shotgun, as defined in subdivision sixteen of section 265.00, 22 and refuses to yield possession of such rifle or shotgun upon the demand 23 of a police officer. Whenever a person is certified not suitable to 24 possess a rifle or shotgun, a member of the police department to which 25 such certification is made, or of the state police, shall forthwith EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06946-02-3 S. 2919 2 1 seize any rifle or shotgun possessed by such person. A rifle or shotgun 2 seized as herein provided shall not be destroyed, but shall be delivered 3 to the headquarters of such police department, or state police, and 4 there retained until the aforesaid certificate has been rescinded by the 5 director or physician in charge, or other disposition of such rifle or 6 shotgun has been ordered or authorized by a court of competent jurisdic- 7 tion. 8 (7) He knowingly possesses a bullet containing an explosive substance 9 designed to detonate upon impact. 10 (8) He possesses any armor piercing ammunition with intent to use the 11 same unlawfully against another]. 12 Criminal possession of a weapon in the fourth degree is a class A 13 misdemeanor. 14 S 2. Section 265.02 of the penal law, as amended by chapter 764 of the 15 laws of 2005, subdivision 8 as amended and subdivisions 9 and 10 as 16 added by chapter 1 of the laws of 2013, is amended to read as follows: 17 S 265.02 Criminal possession of a weapon in the third degree. 18 A person is guilty of criminal possession of a weapon in the third 19 degree when: 20 (1) Such person commits the crime of criminal possession of a weapon 21 in the fourth degree as defined in subdivision one, two, three or [five] 22 FOUR of section 265.01, and has been previously convicted of any crime; 23 or 24 (2) Such person possesses any explosive or incendiary bomb, bombshell, 25 firearm silencer, machine-gun or any other firearm or weapon simulating 26 a machine-gun and which is adaptable for such use; or 27 (3) Such person knowingly possesses a machine-gun, firearm, rifle or 28 shotgun which has been defaced for the purpose of concealment or 29 prevention of the detection of a crime or misrepresenting the identity 30 of such machine-gun, firearm, rifle or shotgun; or 31 (5) (i) Such person possesses three or more firearms; or (ii) such 32 person possesses a firearm and has been previously convicted of a felony 33 or a class A misdemeanor defined in this chapter [within the five years 34 immediately preceding the commission of the offense] and such possession 35 did not take place in the person's home or place of business; or 36 (6) Such person knowingly possesses any disguised gun; or 37 (7) Such person possesses an assault weapon; or 38 (8) Such person possesses a large capacity ammunition feeding device. 39 For purposes of this subdivision, a large capacity ammunition feeding 40 device shall not include an ammunition feeding device lawfully possessed 41 by such person before the effective date of the chapter of the laws of 42 two thousand thirteen which amended this subdivision, that has a capaci- 43 ty of, or that can be readily restored or converted to accept more than 44 seven but less than eleven rounds of ammunition, or that was manufac- 45 tured before September thirteenth, nineteen hundred ninety-four, that 46 has a capacity of, or that can be readily restored or converted to 47 accept, more than ten rounds of ammunition; or 48 (9) Such person possesses an unloaded firearm and also commits a drug 49 trafficking felony as defined in subdivision twenty-one of section 10.00 50 of this chapter as part of the same criminal transaction; or 51 (10) Such person possesses an unloaded firearm and also commits any 52 violent felony offense as defined in subdivision one of section 70.02 of 53 this chapter as part of the same criminal transaction[.]; OR 54 (11) SUCH PERSON POSSESSES A RIFLE, SHOTGUN, ANTIQUE FIREARM, BLACK 55 POWDER RIFLE, BLACK POWDER SHOTGUN, OR ANY MUZZLE-LOADING FIREARM, AND 56 HAS BEEN CONVICTED OF A FELONY OR SERIOUS OFFENSE; OR S. 2919 3 1 (12) SUCH PERSON IS A PERSON WHO HAS BEEN CERTIFIED NOT SUITABLE TO 2 POSSESS A RIFLE OR SHOTGUN, AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION 3 265.00, AND REFUSES TO YIELD POSSESSION OF SUCH RIFLE OR SHOTGUN UPON 4 THE DEMAND OF A POLICE OFFICER. WHENEVER A PERSON IS CERTIFIED NOT SUIT- 5 ABLE TO POSSESS A RIFLE OR SHOTGUN, A MEMBER OF THE POLICE DEPARTMENT TO 6 WHICH SUCH CERTIFICATION IS MADE, OR OF THE STATE POLICE, SHALL FORTH- 7 WITH SEIZE ANY RIFLE OR SHOTGUN POSSESSED BY SUCH PERSON. A RIFLE OR 8 SHOTGUN SEIZED AS HEREIN PROVIDED SHALL NOT BE DESTROYED, BUT SHALL BE 9 DELIVERED TO THE HEADQUARTERS OF SUCH POLICE DEPARTMENT, OR STATE 10 POLICE, AND THERE RETAINED UNTIL THE AFORESAID CERTIFICATE HAS BEEN 11 RESCINDED BY THE DIRECTOR OR PHYSICIAN IN CHARGE, OR OTHER DISPOSITION 12 OF SUCH RIFLE OR SHOTGUN HAS BEEN ORDERED OR AUTHORIZED BY A COURT OF 13 COMPETENT JURISDICTION; OR 14 (13) SUCH PERSON KNOWINGLY POSSESSES A BULLET CONTAINING AN EXPLOSIVE 15 SUBSTANCE DESIGNED TO DETONATE UPON IMPACT; OR 16 (14) SUCH PERSON POSSESSES ANY ARMOR PIERCING AMMUNITION WITH INTENT 17 TO USE THE SAME UNLAWFULLY AGAINST ANOTHER. 18 Criminal possession of a weapon in the third degree is a class D felo- 19 ny. 20 S 3. Paragraph 5 of subdivision a of section 265.20 of the penal law, 21 as amended by chapter 235 of the laws of 2007, is amended to read as 22 follows: 23 5. Possession of a rifle or shotgun by a person other than a person 24 who has been convicted of a class A-I felony or a violent felony 25 offense, as defined in subdivision one of section 70.02 of this chapter, 26 who has been convicted as specified in subdivision [four] NINE of 27 section [265.01] 265.02 to whom a certificate of good conduct has been 28 issued pursuant to section seven hundred three-b of the correction law. 29 S 4. This act shall take effect on the ninetieth day after it shall 30 have become a law; provided, however, that if the amendments to section 31 265.01 of the penal law made by section 40 of chapter 1 of the laws of 32 2013 have not yet taken effect on such ninetieth day, then the amend- 33 ments to section 265.01 of the penal law made by section one of this act 34 shall take effect on the same date as section 40 of chapter 1 of the 35 laws of 2013, takes effect; and provided, further, that if the amend- 36 ments to section 265.02 of the penal law made by section 41-b of chapter 37 1 of the laws of 2013 have not yet taken effect on such ninetieth day 38 then the amendments to section 265.02 of the penal law made by section 39 two of this act shall take effect on the same date as section 41-b of 40 chapter 1 of the laws of 2013, takes effect.