NY State Senate Bill 2015-S805

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 07, 2015	referred to codes

2015-S805 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.01, 265.02 & 265.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2919
2017-2018: S2363
2019-2020: S1009
2021-2022: S1456

2015-S805 (ACTIVE) - Summary

Increases the penalties for certain criminal possession of a weapon offenses from a misdemeanor to a class D felony.

2015-S805 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S805

TITLE OF BILL:  An act to amend the penal law, in relation to criminal
possession of a weapon

PURPOSE OR GENERAL IDEA OF BILL:

To provide stronger penalties for an individual being found guilty of
criminal possession of a weapon.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 265.01 of the penal law is amended by removing four
subsections (4, 6, 7 and 8) whereby a person can be found guilty of
criminal possession of a weapon in the fourth degree, which currently
is a class A misdemeanor.

Section 2. Incorporates those same subsections (4,6,7, and 8) which
were removed from section 265.01 of the penal law and places them into

Section 265.02 of the penal law which deals with criminal possession
of a weapon in the third degree, the penalty of which is a class D
felony.

Section 2 of the bill also amends section 265.02 of the penal law to
state that a person is guilty of criminal possession of a weapon in

the third degree if such person possess a firearm and has been
previously convicted of a felony regardless if the felony conviction
occurred within the preceding five years.

Section 3. Makes technical corrections to paragraph 5 of subdivision a
of section 265.20 of the penal law.

Section 4. Effective Date

JUSTIFICATION:

In the light of the recent tragedies that have plagued the nation, it
is imperative that we enact sensible gun laws. The recently enacted NY
SAFE Act will do much to better protect the hard working men and women
of this state from senseless gun violence. This legislation furthers
that effort by increasing penalties for other various gun related
offenses.

Convicted felons are routinely found in possession of various types of
firearms, however under current law the offense is only punishable by
a class A misdemeanor. This legislation increases that penalty to a
class D felony.

Additionally, if a person possesses a firearm and has been previously
convicted of a felony, he or she can only then be convicted of a class
D felony if the offense occurred within the preceding five years. This
five year look back period should be removed and would be consistent
with other look back provisions that have been removed pertaining to
cases involving domestic violence, child abuse and sex crimes.


There are other provisions of the penal law pertaining to criminal
possession of a firearm that need to be strengthened as well. If a
Person knowingly possesses a bullet containing an explosive substance
designed to detonate on impact, or if a person possesses any armor
piercing ammunition with the intent to use it unlawfully, they both
only carry the offense of a class A misdemeanor. Increasing the
penalty for these offenses to a class D felony is more appropriate.
Finally, under current law if a person has been certified not suitable
to possess a rifle or shotgun and refuses to yield possession of such
rifle or shotgun upon the demand of a police officer, he or she can
only be charged with a class A misdemeanor. This legislation increases
it to a class D felony.

Providing harsher penalties for various gun related offenses will not
only make our streets safer, but will also provide law enforcement
with the tools necessary to better protect the public:

PRIOR LEGISLATIVE HISTORY:

2013-2014: S. 2919 Referred to Senate Codes Committee

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

90th day.

2015-S805 (ACTIVE) - Bill Text download pdf

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

                                   805

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. BRESLIN -- 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 criminal possession  of  a
  weapon

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

  Section 1. Section 265.01 of the penal law, as amended by chapter 1 of
the laws of 2013, is amended to read as follows:
S 265.01 Criminal possession of a weapon in the fourth degree.
  A person is guilty of criminal possession of a weapon  in  the  fourth
degree when:
  (1)  He  or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
shot or slungshot, shirken or "Kung Fu star"; or
  (2) He possesses any dagger, dangerous knife, dirk,  razor,  stiletto,
imitation  pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or
  (3)[; or
  (4) He possesses a  rifle,  shotgun,  antique  firearm,  black  powder
rifle, black powder shotgun, or any muzzle-loading firearm, and has been
convicted of a felony or serious offense; or
  (5)]  He possesses any dangerous or deadly weapon and is not a citizen
of the United States[; or
  (6) He is a person who has been certified not suitable  to  possess  a
rifle  or  shotgun, as defined in subdivision sixteen of section 265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of a police officer. Whenever a person  is  certified  not  suitable  to
possess  a  rifle or shotgun, a member of the police department to which

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

                                                           LBD05438-01-5

S. 805                              2

such certification is made, or of  the  state  police,  shall  forthwith
seize  any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to  the  headquarters  of  such  police department, or state police, and
there retained until the aforesaid certificate has been rescinded by the
director or physician in charge, or other disposition of such  rifle  or
shotgun has been ordered or authorized by a court of competent jurisdic-
tion.
  (7)  He knowingly possesses a bullet containing an explosive substance
designed to detonate upon impact.
  (8) He possesses any armor piercing ammunition with intent to use  the
same unlawfully against another].
  Criminal  possession  of  a  weapon  in the fourth degree is a class A
misdemeanor.
  S 2. Section 265.02 of the penal law, as amended by chapter 764 of the
laws of 2005, subdivision 8 as amended and  subdivisions  9  and  10  as
added by chapter 1 of the laws of 2013, is amended to read as follows:
S 265.02 Criminal possession of a weapon in the third degree.
  A  person  is  guilty  of criminal possession of a weapon in the third
degree when:
  (1) Such person commits the crime of criminal possession of  a  weapon
in  the fourth degree as defined in subdivision one, two[,] OR three [or
five] of section 265.01, and has been previously convicted of any crime;
or
  (2) Such person possesses any explosive or incendiary bomb, bombshell,
firearm silencer, machine-gun or any other firearm or weapon  simulating
a machine-gun and which is adaptable for such use; or
  (3)  Such  person knowingly possesses a machine-gun, firearm, rifle or
shotgun which has  been  defaced  for  the  purpose  of  concealment  or
prevention  of  the detection of a crime or misrepresenting the identity
of such machine-gun, firearm, rifle or shotgun; or
  (5) (i) Such person possesses three or more  firearms;  or  (ii)  such
person possesses a firearm and has been previously convicted of a felony
or  a class A misdemeanor defined in this chapter [within the five years
immediately preceding the commission of the offense] and such possession
did not take place in the person's home or place of business; or
  (6) Such person knowingly possesses any disguised gun; or
  (7) Such person possesses an assault weapon; or
  (8) Such person possesses a large capacity ammunition feeding  device.
For  purposes  of  this subdivision, a large capacity ammunition feeding
device shall not include an ammunition feeding device lawfully possessed
by such person before the effective date of the chapter of the  laws  of
two thousand thirteen which amended this subdivision, that has a capaci-
ty  of, or that can be readily restored or converted to accept more than
seven but less than eleven rounds of ammunition, or  that  was  manufac-
tured  before  September  thirteenth, nineteen hundred ninety-four, that
has a capacity of, or that can  be  readily  restored  or  converted  to
accept, more than ten rounds of ammunition; or
  (9)  Such person possesses an unloaded firearm and also commits a drug
trafficking felony as defined in subdivision twenty-one of section 10.00
of this chapter as part of the same criminal transaction; or
  (10) Such person possesses an unloaded firearm and  also  commits  any
violent felony offense as defined in subdivision one of section 70.02 of
this chapter as part of the same criminal transaction[.]; OR

S. 805                              3

  (11)  SUCH  PERSON  POSSESSES A RIFLE, SHOTGUN, ANTIQUE FIREARM, BLACK
POWDER RIFLE, BLACK POWDER SHOTGUN, OR ANY MUZZLE-LOADING  FIREARM,  AND
HAS BEEN CONVICTED OF A FELONY OR SERIOUS OFFENSE; OR
  (12)  SUCH  PERSON  IS A PERSON WHO HAS BEEN CERTIFIED NOT SUITABLE TO
POSSESS A RIFLE OR SHOTGUN, AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION
265.00, AND REFUSES TO YIELD POSSESSION OF SUCH RIFLE  OR  SHOTGUN  UPON
THE DEMAND OF A POLICE OFFICER. WHENEVER A PERSON IS CERTIFIED NOT SUIT-
ABLE TO POSSESS A RIFLE OR SHOTGUN, A MEMBER OF THE POLICE DEPARTMENT TO
WHICH  SUCH  CERTIFICATION IS MADE, OR OF THE STATE POLICE, SHALL FORTH-
WITH SEIZE ANY RIFLE OR SHOTGUN POSSESSED BY SUCH  PERSON.  A  RIFLE  OR
SHOTGUN  SEIZED  AS HEREIN PROVIDED SHALL NOT BE DESTROYED, BUT SHALL BE
DELIVERED TO THE  HEADQUARTERS  OF  SUCH  POLICE  DEPARTMENT,  OR  STATE
POLICE,  AND  THERE  RETAINED  UNTIL  THE AFORESAID CERTIFICATE HAS BEEN
RESCINDED BY THE DIRECTOR OR PHYSICIAN IN CHARGE, OR  OTHER  DISPOSITION
OF  SUCH  RIFLE  OR SHOTGUN HAS BEEN ORDERED OR AUTHORIZED BY A COURT OF
COMPETENT JURISDICTION; OR
  (13) SUCH PERSON KNOWINGLY POSSESSES A BULLET CONTAINING AN  EXPLOSIVE
SUBSTANCE DESIGNED TO DETONATE UPON IMPACT; OR
  (14)  SUCH  PERSON POSSESSES ANY ARMOR PIERCING AMMUNITION WITH INTENT
TO USE THE SAME UNLAWFULLY AGAINST ANOTHER.
  Criminal possession of a weapon in the third degree is a class D felo-
ny.
  S 3. Paragraph 5 of subdivision a of section 265.20 of the penal  law,
as  amended  by  chapter  235 of the laws of 2007, is amended to read as
follows:
  5. Possession of a rifle or shotgun by a person other  than  a  person
who  has  been  convicted  of  a  class  A-I  felony or a violent felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who has been convicted  as  specified  in  subdivision  [four]  NINE  of
section  [265.01]  265.02 to whom a certificate of good conduct has been
issued pursuant to section seven hundred three-b of the correction law.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S805

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S805 (ACTIVE) - Details

2015-S805 (ACTIVE) - Summary

2015-S805 (ACTIVE) - Sponsor Memo

2015-S805 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S805

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Sponsored By

Neil D. Breslin

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S805 (ACTIVE) - Details

2015-S805 (ACTIVE) - Summary

2015-S805 (ACTIVE) - Sponsor Memo

2015-S805 (ACTIVE) - Bill Text download pdf

Comments