STATE OF NEW YORK
________________________________________________________________________
670
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
Introduced by Sen. BOYLE -- 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 possession of weapons by
certain persons; and to amend the general business law, in relation to
making technical corrections thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.05 of the penal law, as amended by chapter 56
2 of the laws of 1985, is amended to read as follows:
3 § 265.05 Unlawful possession of weapons by persons under [sixteen]
4 seventeen.
5 It shall be unlawful for any person under the age of [sixteen] seven-
6 teen to possess any air-gun, spring-gun or other instrument or weapon in
7 which the propelling force is a spring or air, or any gun or any instru-
8 ment or weapon in or upon which any loaded or blank cartridges may be
9 used, or any loaded or blank cartridges or ammunition therefor, or any
10 dangerous knife; provided that the possession of rifle or shotgun or
11 ammunition therefor by the holder of a hunting license or permit issued
12 pursuant to article eleven of the environmental conservation law and
13 used in accordance with said law shall not be governed by this section.
14 A person who violates the provisions of this section shall be adjudged
15 a juvenile delinquent.
16 § 1-a. Section 265.05 of the penal law, as amended by section one of
17 this act, is amended to read as follows:
18 § 265.05 Unlawful possession of weapons by persons under [seventeen]
19 eighteen.
20 It shall be unlawful for any person under the age of [seventeen] eigh-
21 teen to possess any air-gun, spring-gun or other instrument or weapon in
22 which the propelling force is a spring or air, or any gun or any instru-
23 ment or weapon in or upon which any loaded or blank cartridges may be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04563-01-9
S. 670 2
1 used, or any loaded or blank cartridges or ammunition therefor, or any
2 dangerous knife; provided that the possession of rifle or shotgun or
3 ammunition therefor by the holder of a hunting license or permit issued
4 pursuant to article eleven of the environmental conservation law and
5 used in accordance with said law shall not be governed by this section.
6 A person who violates the provisions of this section shall be adjudged
7 a juvenile delinquent.
8 § 2. Subdivision 5 of section 265.10 of the penal law, as amended by
9 chapter 189 of the laws of 2000, is amended to read as follows:
10 5. Any person who disposes of any of the weapons, instruments, appli-
11 ances or substances specified in section 265.05 to any other person
12 under the age of [sixteen] seventeen years is guilty of a class A misde-
13 meanor.
14 § 2-a. Subdivision 5 of section 265.10 of the penal law, as amended by
15 section two of this act, is amended to read as follows:
16 5. Any person who disposes of any of the weapons, instruments, appli-
17 ances or substances specified in section 265.05 to any other person
18 under the age of [seventeen] eighteen years is guilty of a class A
19 misdemeanor.
20 § 3. Subdivision 1 of section 399-s of the general business law, as
21 added by chapter 313 of the laws of 1989, is amended to read as follows:
22 1. In each mercantile establishment in this state where air rifles or
23 air guns are sold, a notice must be posted in a conspicuous place, and
24 in close proximity to any air rifle or air gun displayed for sale, that
25 in legible format states: "Except under supervision at a shooting range
26 or for hunting pursuant to license, Section 265.05 of the New York State
27 Penal Law makes it unlawful for any person under the age of [sixteen]
28 seventeen years to possess an air rifle or air gun."
29 § 3-a. Subdivision 1 of section 399-s of the general business law, as
30 amended by section three of this act, is amended to read as follows:
31 1. In each mercantile establishment in this state where air rifles or
32 air guns are sold, a notice must be posted in a conspicuous place, and
33 in close proximity to any air rifle or air gun displayed for sale, that
34 in legible format states: "Except under supervision at a shooting range
35 or for hunting pursuant to license, Section 265.05 of the New York State
36 Penal Law makes it unlawful for any person under the age of [seventeen]
37 eighteen years to possess an air rifle or air gun."
38 § 4. This act shall take effect October 1, 2019; provided, however,
39 sections one-a, two-a, and three-a of this act shall take effect October
40 1, 2020.
