NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A442
SPONSOR: Paulin TITLE OF BILL:
An act to amend the penal law, in relation to establishing the offense
of unlawful possession of firearms by persons under twenty-one
SUMMARY OF PROVISIONS::
Section 1 of the bill removes a provision in section 265.05 of the penal
law that establishes the minimum age of certain gun provisions as
sixteen.
Section 2 of the bill creates a new section 265.05-a of the penal law
that establishes that it shall be unlawful for any person under age
twenty-one to possess any rifle, shotgun, or firearm, except for those
carrying a hunting license and using the gun in accordance with that
license.
Section 3 of the bill adds section 265.05-a to the preexisting list of
exceptions as set forth in section 265.20 of the penal law.
Section 4 of the bill is the effective date.
JUSTIFICATION:
The school shooting at Marjory Stoneman Douglas High School in Parkland,
Florida on February 14, 2018 that left 17 students murdered by 19-year
old Nikolas Cruz has brought renewed focus on the ability of Americans
to access and use deadly weapons. One area that requires further atten-
tion is the ability for young people to legally possess certain types of
firearms.
While federal law prohibits licensed firearm dealers from selling long
guns - rifles and shotguns - to anyone under age 18, there is no federal
age limit for possession of a long gun. In New York, the minimum age to
possess a long gun is just 16, though you must be age 21 to obtain a
license to possess any type of handgun. This loophole allows young
people ages 16 to 21 to use long guns for whatever legal purpose they
want, such as target practice or skeet shooting, and opens up the possi-
bility of misuse of these weapons. Twenty-three states have recognized
the need to set a minimum age for long gun possession. Hawaii, Illinois,
and the District of Columbia all have laws setting the minimum age of
long gun possession at 21, according to the Giffords Law Center to
Prevent Gun Violence, and'others have set this level between 18 and 21.
This bill would close the loophole that allows young people under age 21
to possess long guns. Exceptions would remain in place for those with
hunting licenses, the military, police, and use at licensed shooting
ranges.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted
in accordance with Assembly Rule III, Sec 1(f)
Raising the minimum age of long gun possession will help protect our
young people and the broader public from the dangerous misuse of
firearms and help prevent future tragedies.
LEGISLATIVE HISTORY::
A.412 of 2021 and 2022 referred to codes. Same as S.476 of 2021 and
2022, referred to codes.
A.7460 of 2019 and 2020 referred to codes. Same as of S.2280 2019 and
2020, referred to codes.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
442
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. PAULIN, ZEBROWSKI -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offense
of unlawful possession of firearms by persons under twenty-one
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 It shall be unlawful for any person under the age of sixteen to
5 possess any air-gun, spring-gun or other instrument or weapon in which
6 the propelling force is a spring or air[, or any gun or any instrument
7 or weapon in or upon which any loaded or blank cartridges may be used,
8 or any loaded or blank cartridges or ammunition therefor,] or any
9 dangerous knife; provided that the possession of rifle or shotgun or
10 ammunition therefor by the holder of a hunting license or permit issued
11 pursuant to article eleven of the environmental conservation law and
12 used in accordance with said law shall not be governed by this section.
13 A person who violates the provisions of this section shall be adjudged
14 a juvenile delinquent.
15 § 2. The penal law is amended by adding a new section 265.05-a to read
16 as follows:
17 § 265.05-a Unlawful possession of firearms by persons under twenty-one.
18 It shall be unlawful for any person under the age of twenty-one to
19 possess any rifle, shotgun, or firearm as defined in section 265.00 of
20 this article, or any gun or any instrument or weapon in or upon which
21 any loaded or blank cartridges may be used, or any loaded or blank
22 cartridges or ammunition therefor, provided that the possession of a
23 rifle or shotgun or ammunition therefor by the holder of a hunting
24 license or permit issued pursuant to article eleven of the environmental
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02090-01-3
A. 442 2
1 conservation law and used in accordance with said law shall not be
2 governed by this section.
3 Unlawful possession of firearms by persons under twenty-one is a
4 violation; provided that a person under the age of eighteen who violates
5 the provisions of this section shall be adjudged a juvenile delinquent.
6 § 3. The opening paragraph of subdivision a of section 265.20 of the
7 penal law, as separately amended by chapters 130 and 134 of the laws of
8 2019, is amended to read as follows:
9 Paragraph (h) of subdivision twenty-two of section 265.00 and sections
10 265.01, 265.01-a, 265.01-b, 265-01-c, 265.02, 265.03, 265.04, 265.05,
11 265.05-a, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37,
12 265.50, 265.55 and 270.05 shall not apply to:
13 § 4. This act shall take effect immediately.
