S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9789
 
                           I N  A S S E M B L Y
 
                             February 9, 2018
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the penal law, in relation to removing the maximum age
   limit for firearms instruction exemptions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  7  of subdivision (a) of section 265.20 of the
 penal law, as amended by chapter 180 of the laws of 1998, is amended  to
 read as follows:
   7.  Possession, at an indoor or outdoor shooting range for the purpose
 of loading and firing, of a rifle or shotgun, the  propelling  force  of
 which  is  gunpowder  by  a  person [under sixteen years of age but] not
 under twelve YEARS OF AGE, under the immediate supervision, guidance and
 instruction of (a) a duly commissioned  officer  of  the  United  States
 army,  navy,  air force, marine corps or coast guard, or of the national
 guard of the state of New York; or (b) a duly qualified adult citizen of
 the United States who has been granted a certificate as an instructor in
 small arms practice issued by the United States army, navy, air force or
 marine corps, or by the adjutant  general  of  this  state,  or  by  the
 national rifle association of America, a not-for-profit corporation duly
 organized  under the laws of this state; or (c) a parent, guardian, or a
 person over the age of eighteen designated in writing by such parent  or
 guardian  who  shall  have a certificate of qualification in responsible
 hunting,  including  safety,  ethics,  and  landowner   relations-hunter
 relations,  issued or honored by the department of environmental conser-
 vation; or (d) an agent of the department of environmental  conservation
 appointed  to  conduct courses in responsible hunting practices pursuant
 to article eleven of the environmental conservation law.
   § 2. Paragraph 7-c of subdivision (a) of section 265.20 of  the  penal
 law,  as added by chapter 651 of the laws of 1996, is amended to read as
 follows:
   7-c. Possession for the purpose of loading and  firing,  of  a  rifle,
 pistol  or  shotgun,  the  propelling  force of which may be either air,
 compressed gas or springs, by a person [under sixteen years of age  but]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13905-01-7

 A. 9789                             2
 
 not under twelve YEARS OF AGE, under the immediate supervision, guidance
 and  instruction of (a) a duly commissioned officer of the United States
 army, navy, marine corps or coast guard, or of the national guard of the
 state  of  New York; or (b) a duly qualified adult citizen of the United
 States who has been granted a certificate as an instructor in small arms
 practice issued by the United States army, navy or marine corps,  or  by
 the adjutant general of this state, or by the national rifle association
 of  America,  a not-for-profit corporation duly organized under the laws
 of this state; or (c) a parent, guardian, or a person over  the  age  of
 eighteen designated in writing by such parent or guardian who shall have
 a certificate of qualification in responsible hunting, including safety,
 ethics,  and  landowner relations-hunter relations, issued or honored by
 the department of environmental conservation.
   § 3. Paragraph 7-e of subdivision (a) of section 265.20 of  the  penal
 law,  as  amended by chapter 281 of the laws of 2006, is amended to read
 as follows:
   7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
 outdoor  pistol  range  located in or on premises owned or occupied by a
 duly incorporated organization organized for conservation purposes or to
 foster proficiency in small arms or at a target pistol shooting competi-
 tion under the auspices of or approved by an association or organization
 described in paragraph 7-a of this subdivision for the purpose of  load-
 ing  and firing the same by a person at least fourteen years of age [but
 under the age of twenty-one] who has not been previously convicted of  a
 felony  or  serious  offense,  and  who does not appear to be, or pose a
 threat to be, a danger to himself or to others; provided  however,  that
 such  possession  shall  be of a pistol or revolver duly licensed to and
 shall be used under the immediate supervision, guidance and  instruction
 of, a person specified in paragraph seven of this subdivision.
   § 4. This act shall take effect immediately.