A00442 Summary:
BILL NO | A00442 |
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SAME AS | No Same As |
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SPONSOR | Paulin |
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COSPNSR | Zebrowski |
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MLTSPNSR | |
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Amd §§265.05 & 265.20, add §265.05-a, Pen L | |
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Establishes the offense of unlawful possession of firearms by persons under twenty-one. |
A00442 Actions:
BILL NO | A00442 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/09/2023 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2024 | referred to codes |
A00442 Memo:
Go to topNEW 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.
A00442 Text:
Go to top 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 instrument7or weapon in or upon which any loaded or blank cartridges may be used,8or 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. LBD02090-01-3A. 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.