Bill Text: NY S05261 | 2019-2020 | General Assembly | Introduced

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Bill Title: Amends the definition of a "disguised gun" to include a weapon or device capable of being concealed on a person from which a shot can be discharged through the energy of an explosive which is designed and intended to appear to be a toy gun.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S05261 Detail]

Download: New_York-2019-S05261-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5261
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 18, 2019
                                       ___________
        Introduced  by Sen. MARTINEZ -- 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  redefining  the  term
          "disguised  gun"  to include any rifle, pistol, shotgun or machine-gun
          resembling a toy gun and prohibiting the  possession,  manufacture  or
          design thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 20 of section 265.00 of the penal law, as added
     2  by chapter 378 of the laws of 1998, is amended to read as follows:
     3    20. "Disguised gun" means  any  weapon  or  device  capable  of  being
     4  concealed  on the person from which a shot can be discharged through the
     5  energy of an explosive and is designed and  intended  to  appear  to  be
     6  either;  (a)  something  other  than  a gun; or (b) a toy gun that shall
     7  include, but not be limited to, any rifle, pistol, shotgun  or  machine-
     8  gun displaying a color finish other than the original manufacture color,
     9  a  decorative  pattern  or plastic like surface; provided, however, that
    10  any rifle or shotgun displaying a camouflage  color  finish  or  pattern
    11  that  is intended for hunting, as defined by article eleven of the envi-
    12  ronmental conservation law, shall not be considered  a  "disguised  gun"
    13  for purposes of this section.
    14    § 2. Section 265.10 of the penal law is amended by adding a new subdi-
    15  vision 8 to read as follows:
    16    8.  Any  person,  dealer,  firm, partnership or corporation who inten-
    17  tionally designs or transforms a rifle, pistol, shotgun  or  machine-gun
    18  to  resemble  a  toy  gun  by either altering or concealing the original
    19  color or surface of the gun with the purpose of selling such  weapon  is
    20  guilty of a class D felony.
    21    § 3. This act shall take effect on the first of November next succeed-
    22  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10401-01-9