NY State Senate Bill 2009-S2826

Senate Bill S2826

2009-2010 Legislative Session

Establishes third, second and first degree crimes for failure to report lost or stolen firearms

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 28, 2009	print number 2826a
Apr 28, 2009	amend and recommit to codes
Mar 04, 2009	referred to codes

Bill Amendments

Original

A (Active)

2009-S2826 - Details

Current Committee:: Senate Codes
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3821
2013-2014: S2388

2009-S2826 - Summary

Establishes third, second and first degree crimes for failure to report lost or stolen firearms.

2009-S2826 - Sponsor Memo

2009-S2826 - Bill Text download pdf

2009-S2826A (ACTIVE) - Details

Current Committee:: Senate Codes
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3821
2013-2014: S2388

2009-S2826A (ACTIVE) - Summary

Establishes third, second and first degree crimes for failure to report lost or stolen firearms.

2009-S2826A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2826A

 TITLE OF BILL :
An act to amend the penal law, in relation to failure to report a lost
or stolen firearm


 PURPOSE OR GENERAL IDEA OF BILL :
To require lost or stolen firearms to be reported to the police
authorities of the city, town or village within seventy-two hours of
such loss or theft.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 - Adds three new sections 265.21, 265,22 and 265.23 to read
as follows:

§265.21 Failure to report theft or loss of a firearm, rifle or shotgun
in the third degree. A person is guilty of failure to report theft or
loss of a firearm, rifle or shotgun in the third degree when he or she
intentionally fails to report such theft or loss as prescribed in
section 400.10 of this chapter. A person who violates the provisions
of this section shall have any license validly issued, as provided
under section 400.00 of this chapter suspended. Failure to report
theft or loss of a firearm, rifle or shotgun in the third degree is a
class D felony.§265.22 Failure to report theft or loss of a firearm,
rifle or shotgun in the second degree. A person is guilty of failure

to report theft or loss of a firearm, rifle or shotgun in the second
degree when he or she has previously been convicted of failure to
report theft or loss of a firearm, rifle or shotgun in the third
degree and he or she intentionally fails to report such theft or loss
as prescribed in section 400.10 of this chapter. A person who violates
the provisions of this section shall have any license validly issued,
as provided under section 400.00 of this chapter, revoked. Failure to
report theft or loss of a firearm, rifle or shotgun in the second
degree is a class C felony. §265.23 Failure to report theft or loss of
a firearm, rifle or shotgun in the first degree. A person is guilty of
failure to report theft or loss of a firearm, rifle or shotgun in the
first degree when he or she has previously been convicted of failure
to report theft or loss of a firearm, rifle or shotgun in the second
degree and he or she intentionally fails to report such theft or loss
as prescribed in section 400.10 of this chapter. Failure to report
theft or loss of a firearm, rifle or shotgun in the first degree is a
class B felony. §2. Subdivision 3 of section 400.00 of the penal law,
is amended by adding a new paragraph to read as follows: All
applications and renewals of a license to carry or possess a firearm
shall include a provision, to be approved as to form by the
superintendent of state police, detailing the crimes prescribed in
sections 265.21, 265.22 and 265.23 of this chapter.

 JUSTIFICATION :
The issuance of a license, and the ability to carry a firearm is a
privilege and responsibility that should be taken seriously. Lives
could depend on it. This legislation would help account for stolen or
lost weapons in order to help law enforcement in tracking firearms.
Tracking these weapons would allow police authorities to identify and
recover lost or stolen weapons more effectively and efficiently. It
would also hold those who would negligently or willfully withhold this
key information, accountable.

 PRIOR LEGISLATIVE HISTORY :
2007-08 (A8842)

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2009-S2826A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2826--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the penal law, in relation to failure to report a lost
  or stolen firearm

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  penal  law  is  amended by adding three new sections
265.21, 265.22 and 265.23 to read as follows:
S 265.21 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR  SHOTGUN
           IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
RIFLE OR SHOTGUN IN THE THIRD DEGREE WHEN HE OR SHE INTENTIONALLY  FAILS
TO  REPORT  SUCH  THEFT  OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS
CHAPTER.
  A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION  SHALL  HAVE  ANY
LICENSE  VALIDLY  ISSUED, AS PROVIDED UNDER SECTION 400.00 OF THIS CHAP-
TER, SUSPENDED.
  FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN  THE
THIRD DEGREE IS A CLASS D FELONY.
S 265.22 FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
           IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS  OF  A  FIREARM,
RIFLE OR SHOTGUN IN THE SECOND DEGREE WHEN HE OR SHE HAS PREVIOUSLY BEEN
CONVICTED  OF  FAILURE  TO  REPORT  THEFT OR LOSS OF A FIREARM, RIFLE OR
SHOTGUN IN THE THIRD DEGREE AND HE OR SHE INTENTIONALLY FAILS TO  REPORT
SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
  A  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL HAVE ANY
LICENSE VALIDLY ISSUED, AS PROVIDED UNDER SECTION 400.00 OF  THIS  CHAP-
TER, REVOKED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05756-02-9

S. 2826--A                          2

  FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
SECOND DEGREE IS A CLASS C FELONY.
S 265.23 FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
           IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS  OF  A  FIREARM,
RIFLE  OR SHOTGUN IN THE FIRST DEGREE WHEN HE OR SHE HAS PREVIOUSLY BEEN
CONVICTED OF FAILURE TO REPORT THEFT OR LOSS  OF  A  FIREARM,  RIFLE  OR
SHOTGUN IN THE SECOND DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
  FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
FIRST DEGREE IS A CLASS B FELONY.
  S 2. Subdivision 3 of section 400.00 of the penal law, is  amended  by
adding a new paragraph (c) to read as follows:
  (C)  ALL  APPLICATIONS AND RENEWALS OF A LICENSE TO CARRY OR POSSESS A
FIREARM SHALL INCLUDE A PROVISION, TO BE APPROVED  AS  TO  FORM  BY  THE
SUPERINTENDENT  OF  STATE  POLICE,  DETAILING  THE  CRIMES PRESCRIBED IN
SECTIONS 265.21, 265.22, AND 265.23 OF THIS CHAPTER.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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