NY State Senate Bill 2015-S4169

Senate Bill S4169

2015-2016 Legislative Session

Amends the definition of disguised gun to include certain guns that are designed and intended to appear to be a toy gun

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Mar 05, 2015	referred to codes

2015-S4169 (ACTIVE) - Details

See Assembly Version of this Bill:: A3413
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00 & 265.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5078
2011-2012: A1014
2013-2014: A3485
2017-2018: S4006, A3606
2019-2020: S5261, A6947
2021-2022: S7152, A6522

2015-S4169 (ACTIVE) - Summary

Amends the definition of a "disguised gun" to include a weapon or device capable of being concealed on a person from which a shot can be discharged through the energy of an explosive which is designed and intended to appear to be a toy gun.

2015-S4169 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4169

TITLE OF BILL:  An act to amend the penal law, in relation to
redefining the term "disguised gun" to include any rifle, pistol,
shotgun or machine-gun resembling a toy gun and prohibiting the
possession, manufacture or design thereof

PURPOSE OR GENERAL IDEA OF BILL:

Amends the definition of disguised gun to include certain guns that
are designed and intended to appear to be a toy gun.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would expand the definition of "Disguised Gun" contained in
Subdivision 20 of Section 265.00 of the Penal Law as added by Chapter
378 of the Laws of 1998 to include guns designed and intended to
appear to be a toy gun by displaying a color finish 'other than the
original manufacture color, a decorative pattern or plastic like
surface, provided, however, that any rifle or shotgun displaying a
camouflage color finish or pattern which is intended for hunting, as
defined by article eleven of the environmental conservation law, shall
not be considered a "disguised gun."

Section 265.10 of the penal law is amended by adding a new subdivision
8 which states that "Any person, dealer, firm, partnership or

corporation who intentionally designs or transforms a rifle, pistol,
shotgun or machine-gun to resemble a toy gun by either altering or
concealing the original color or surface of the gun with the purpose
of selling such weapon is guilty of a class D felony."

JUSTIFICATION:

Guns that are disguised to appear to be toy guns pose a real threat to
the citizenry of this state. While the current number of reported
cases of such guns are not numerous, such cases are becoming more
commonplace and can be expected to continue increasing in the future.
Banning such-guns is a logical extension of the ban on disguised guns.

PRIOR LEGISLATIVE HISTORY:

A.8234 of 1999-00
A.833 of 2001-02
A.100 of 2003-04
A.895/S.8237 of 2005-06
A.2868 of 2007-2008
A.5078 of 2009
A.5078 of 2009-10

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

First of November next succeeding the data on which it shall have
become a law.

2015-S4169 (ACTIVE) - Bill Text download pdf

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

                                  4169

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- 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  redefining  the  term
  "disguised  gun"  to include any rifle, pistol, shotgun or machine-gun
  resembling a toy gun and prohibiting the  possession,  manufacture  or
  design thereof

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

  Section 1. Subdivision 20 of section 265.00 of the penal law, as added
by chapter 378 of the laws of 1998, is amended to read as follows:
  20. "Disguised gun" means  any  weapon  or  device  capable  of  being
concealed  on the person from which a shot can be discharged through the
energy of an explosive and is designed and  intended  to  appear  to  be
EITHER;  (A)  something  other  than  a gun; OR (B) A TOY GUN THAT SHALL
INCLUDE,  BUT  NOT  BE  LIMITED  TO,  ANY  RIFLE,  PISTOL,  SHOTGUN   OR
MACHINE-GUN  DISPLAYING  A COLOR FINISH OTHER THAN THE ORIGINAL MANUFAC-
TURE COLOR, A DECORATIVE PATTERN  OR  PLASTIC  LIKE  SURFACE;  PROVIDED,
HOWEVER,  THAT ANY RIFLE OR SHOTGUN DISPLAYING A CAMOUFLAGE COLOR FINISH
OR PATTERN THAT IS INTENDED FOR HUNTING, AS DEFINED BY ARTICLE ELEVEN OF
THE ENVIRONMENTAL CONSERVATION LAW, SHALL NOT BE CONSIDERED A "DISGUISED
GUN" FOR PURPOSES OF THIS SECTION.
  S 2. Section 265.10 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ANY PERSON, DEALER, FIRM, PARTNERSHIP  OR  CORPORATION  WHO  INTEN-
TIONALLY  DESIGNS  OR TRANSFORMS A RIFLE, PISTOL, SHOTGUN OR MACHINE-GUN
TO RESEMBLE A TOY GUN BY EITHER  ALTERING  OR  CONCEALING  THE  ORIGINAL
COLOR  OR  SURFACE OF THE GUN WITH THE PURPOSE OF SELLING SUCH WEAPON IS
GUILTY OF A CLASS D FELONY.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01459-01-5

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