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

                                  7470

                            I N  S E N A T E

                               May 4, 2016
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 creating  the  offense  of
  operating  as  a major firearms trafficker and establishing sentencing
  guidelines

  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 a new section 265.46 to
read as follows:
S 265.46 OPERATING AS A MAJOR FIREARMS TRAFFICKER.
  A PERSON IS GUILTY OF OPERATING AS A MAJOR  FIREARMS  TRAFFICKER  WHEN
SUCH PERSON:
  (1)  UNLAWFULLY  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF TO ANOTHER
PERSON OR PERSONS A TOTAL OF TWENTY OR MORE FIREARMS IN A PERIOD OF  NOT
MORE THAN ONE YEAR; OR
  (2) UNLAWFULLY POSSESSES WITH INTENT TO SELL TWENTY OR MORE FIREARMS.
  OPERATING AS A MAJOR FIREARMS TRAFFICKER IS A CLASS A-I FELONY.
  S  2.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
70.00 of the penal law, as amended by chapter 107 of the laws  of  2006,
is amended to read as follows:
  (i) For a class A-I felony, such minimum period shall not be less than
fifteen  years  nor more than twenty-five years; provided, however, that
(A) where a sentence, other than a sentence of death or  life  imprison-
ment  without parole, is imposed upon a defendant convicted of murder in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years, and, (B) where a sentence is imposed upon a  defendant  convicted
of murder in the second degree as defined in subdivision five of section
125.25  of  this chapter or convicted of aggravated murder as defined in
section 125.26 of this chapter, the sentence shall be life  imprisonment
without  parole,  and,  (C) where a sentence is imposed upon a defendant
convicted of attempted murder in the first degree as defined in  article
one  hundred  ten of this chapter and subparagraph (i), (ii) or (iii) of
paragraph (a) of subdivision one and paragraph (b) of subdivision one of

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

                                                           LBD15149-01-6

S. 7470                             2

section 125.27 of this chapter or attempted aggravated murder as defined
in article one hundred ten of this chapter and section  125.26  of  this
chapter such minimum period shall be not less than twenty years nor more
than  forty years, AND, (D) WHERE A SENTENCE IS IMPOSED UPON A DEFENDANT
CONVICTED OF OPERATING AS A MAJOR  FIREARMS  TRAFFICKER  AS  DEFINED  IN
SECTION  265.46  OF  THIS  CHAPTER SUCH MINIMUM PERIOD SHALL BE NOT LESS
THAN FIFTEEN YEARS.
  S 3. This act shall take effect immediately.