NY State Senate Bill 2017-S4006

Senate Bill S4006

2017-2018 Legislative Session

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

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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 03, 2018	referred to codes
Feb 01, 2017	referred to codes

co-Sponsors

2017-S4006 (ACTIVE) - Details

See Assembly Version of this Bill:: A3606
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
2015-2016: S4169, A3413
2019-2020: S5261, A6947
2021-2022: S7152, A6522

2017-S4006 (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.

2017-S4006 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4006               Revised 1/31/18

SPONSOR: CROCI
 
TITLE OF BILL:  An act to amend the penal law, in relation to redefin-
ing the term "disguised gun" to include any rifle, pistol, shotgun or
machine-gun resembling a toy gun and prohibiting the possession, manu-
facture 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
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."

The penal law is amended by adding a new subdivision which states that
"Any person, dealer, firm, partnership or corporation who intentionally
designs or transforms a rifle, pistol, shotgun or machine-gun to resem-
ble 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:

S4169 of 2015/16: Referred to Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
First of November next succeeding the date on which it shall have become
a law.

2017-S4006 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4006
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2017
                                ___________
 
 Introduced by Sens. CROCI, ROBACH -- 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 MANUFACTURE 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  ENVI-
 RONMENTAL  CONSERVATION  LAW,  SHALL NOT BE CONSIDERED A "DISGUISED GUN"
 FOR PURPOSES OF THIS SECTION.
   § 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.
   § 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.
                                                            LBD00840-01-7

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Senate Bill S4006

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Sponsored By

Thomas D. Croci