NY State Senate Bill 2017-S8156

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
Apr 11, 2018	referred to codes

2017-S8156 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.05 & 265.10, Pen L; amd §399-s, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S670
2021-2022: S6150

2017-S8156 (ACTIVE) - Summary

Prohibits the possession of weapons by persons under the age of seventeen and eighteen.

2017-S8156 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8156

SPONSOR: BOYLE
 
TITLE OF BILL:  An act to amend the penal law, in relation to
possession of weapons by certain persons; and to amend the general busi-
ness law, in relation to making technical corrections thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would provide parity under the law for 17 and 18 year
olds who unlawfully possess a weapon.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends section 265.05 of the penal law for unlawful
possession of weapons by persons under 17.

Section 1-a. Amends section 265.05 of the penal law for unlawful
possession of weapons by persons under 18.

Section 2. Amends section 265.10 of the penal law specifying that anyone

who disposes of a weapon as listed in 265.05 to any person under 17 is
guilty of a class A misdemeanor

Section 2-a. Amends section 265.10 of the penal law specifying that
anyone who disposes of a weapon as listed in 265.05 to any person under
18 is guilty of a class A misdemeanor

Section 3 & 3-a. Amends the general business law to comply with the age
changes as specified in the amended 265.05 regarding notification in
stores where these air guns are sold

Section 4. Effective Date

 
JUSTIFICATION:

Current law prohibits unlawful possession of a weapon by persons under
16. A person who violates this law is classified as a juvenile delin-
quent under section 265.05 of the penal law. Last year, New York passed
"Raise the Age" which would treat all individuals under 18 as juvenile
delinquents. Once "Raise the Age" goes into effect, this law will still
be limited to those under 16. This legislation would provide parity and
bring this section of law and other relevant sections into lockstep with
the "Raise the Age" implementation.

When "Raise the Age" goes into effect for 16 year olds on October 1,
2018, this law will simultaneously raise the age of this section to
unlawful possession of a weapon by persons under 17. When "Raise the
Age" goes into effect for 17 year olds on October 1, 2019, this law will
simultaneously raise the age of this section to unlawful possession of a
weapon by persons under 18.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the state.
 
EFFECTIVE DATE:
Sections 1, 2, 3 shall be effective October 1, 2018 and sections 1-a,
2-a, 3a shall be effective October 1, 2019.

2017-S8156 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8156
 
                             I N  S E N A T E
 
                              April 11, 2018
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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 possession of  weapons  by
   certain persons; and to amend the general business law, in relation to
   making technical corrections thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 265.05 of the penal law, as amended by  chapter  56
 of the laws of 1985, is amended to read as follows:
 § 265.05 Unlawful  possession  of  weapons  by  persons  under [sixteen]
            SEVENTEEN.
   It shall be unlawful for any person under the age of [sixteen]  SEVEN-
 TEEN to possess any air-gun, spring-gun or other instrument or weapon in
 which the propelling force is a spring or air, or any gun or any instru-
 ment  or  weapon  in or upon which any loaded or blank cartridges may be
 used, or any loaded or blank cartridges or ammunition therefor,  or  any
 dangerous  knife;  provided  that  the possession of rifle or shotgun or
 ammunition therefor by the holder of a hunting license or permit  issued
 pursuant  to  article  eleven  of the environmental conservation law and
 used in accordance with said law shall not be governed by this section.
   A person who violates the provisions of this section shall be adjudged
 a juvenile delinquent.
   § 1-a. Section 265.05 of the penal law, as amended by section  one  of
 this act, is amended to read as follows:
 § 265.05 Unlawful  possession  of  weapons  by persons under [seventeen]
            EIGHTEEN.
   It shall be unlawful for any person under the age of [seventeen] EIGH-
 TEEN to possess any air-gun, spring-gun or other instrument or weapon in
 which the propelling force is a spring or air, or any gun or any instru-
 ment or weapon in or upon which any loaded or blank  cartridges  may  be
 used,  or  any loaded or blank cartridges or ammunition therefor, or any
 dangerous knife; provided that the possession of  rifle  or  shotgun  or
 ammunition  therefor by the holder of a hunting license or permit issued
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14813-02-8

 S. 8156                             2
 
 pursuant to article eleven of the  environmental  conservation  law  and
 used in accordance with said law shall not be governed by this section.
   A person who violates the provisions of this section shall be adjudged
 a juvenile delinquent.
   §  2.  Subdivision 5 of section 265.10 of the penal law, as amended by
 chapter 189 of the laws of 2000, is amended to read as follows:
   5. Any person who disposes of any of the weapons, instruments,  appli-
 ances  or  substances  specified  in  section 265.05 to any other person
 under the age of [sixteen] SEVENTEEN years is guilty of a class A misde-
 meanor.
   § 2-a. Subdivision 5 of section 265.10 of the penal law, as amended by
 section two of this act, is amended to read as follows:
   5. Any person who disposes of any of the weapons, instruments,  appli-
 ances  or  substances  specified  in  section 265.05 to any other person
 under the age of [seventeen] EIGHTEEN years  is  guilty  of  a  class  A
 misdemeanor.
   §  3.  Subdivision  1 of section 399-s of the general business law, as
 added by chapter 313 of the laws of 1989, is amended to read as follows:
   1. In each mercantile establishment in this state where air rifles  or
 air  guns  are sold, a notice must be posted in a conspicuous place, and
 in close proximity to any air rifle or air gun displayed for sale,  that
 in  legible format states: "Except under supervision at a shooting range
 or for hunting pursuant to license, Section 265.05 of the New York State
 Penal Law makes it unlawful for any person under the  age  of  [sixteen]
 SEVENTEEN years to possess an air rifle or air gun."
   §  3-a. Subdivision 1 of section 399-s of the general business law, as
 amended by section three of this act, is amended to read as follows:
   1. In each mercantile establishment in this state where air rifles  or
 air  guns  are sold, a notice must be posted in a conspicuous place, and
 in close proximity to any air rifle or air gun displayed for sale,  that
 in  legible format states: "Except under supervision at a shooting range
 or for hunting pursuant to license, Section 265.05 of the New York State
 Penal Law makes it unlawful for any person under the age of  [seventeen]
 EIGHTEEN years to possess an air rifle or air gun."
   §  4.  This  act shall take effect October 1, 2018; provided, however,
 sections one-a, two-a, and three-a of this act shall take effect October
 1, 2019.

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Senate Bill S8156

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S8156 (ACTIVE) - Details

2017-S8156 (ACTIVE) - Summary

2017-S8156 (ACTIVE) - Sponsor Memo

2017-S8156 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8156

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S8156 (ACTIVE) - Details

2017-S8156 (ACTIVE) - Summary

2017-S8156 (ACTIVE) - Sponsor Memo

2017-S8156 (ACTIVE) - Bill Text download pdf

Comments