NY State Senate Bill 2019-S5261

Senate Bill S5261

2019-2020 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 08, 2020	referred to codes
Apr 18, 2019	referred to codes

co-Sponsors

2019-S5261 (ACTIVE) - Details

See Assembly Version of this Bill:: A6947
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
2017-2018: S4006, A3606
2021-2022: S7152, A6522

2019-S5261 (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.

2019-S5261 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5261

SPONSOR: MARTINEZ
 
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.

2019-S5261 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5261
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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.
                                                            LBD10401-01-9

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Senate Bill S5261

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Sponsored By

Monica R. Martinez