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A07460 Summary:

BILL NOA07460
 
SAME ASSAME AS S02280
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd 265.05 & 265.20, add 265.05-a, Pen L
 
Establishes the offense of unlawful possession of firearms by persons under twenty-one.
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A07460 Actions:

BILL NOA07460
 
05/06/2019referred to codes
01/08/2020referred to codes
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A07460 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7460
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 6, 2019
                                       ___________
 
        Introduced by M. of A. PAULIN -- 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.
                                                                   LBD08517-01-9

        A. 7460                             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 amended by section 1 of part FF of chapter 57 of the laws
     8  of 2013, 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, subdivision one of section 265.01-b,  265.02,  265.03,
    11  265.04,  265.05,  265.05-a,  265.10,  265.11,  265.12,  265.13,  265.15,
    12  265.36, 265.37 and 270.05 shall not apply to:
    13    § 4. This act shall take effect immediately.
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