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S00476 Summary:

BILL NOS00476
 
SAME ASSAME AS A00412
 
SPONSORHOYLMAN
 
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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S00476 Actions:

BILL NOS00476
 
01/06/2021REFERRED TO CODES
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S00476 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           476
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- 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 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.
                                                                   LBD02069-01-1

        S. 476                              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.
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