Assembly Bill A9943

2021-2022 Legislative Session

Relates to the possession of a rifle, shotgun, or other long gun by a person convicted of a felony or serious offense; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A9943 (ACTIVE) - Details

See Senate Version of this Bill:
S8782
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Rpld §265.01 subs 3 & 4, amd §§265.02, 265.03 & 265.20, Pen L

2021-A9943 (ACTIVE) - Summary

Increases the penalty for a person convicted of a felony or serious offense for possessing a rifle, shotgun, or other long gun from a misdemeanor to a felony.

2021-A9943 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9943
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to the possession of a rifle,
   shotgun,  or other long gun by a person convicted of a felony or seri-
   ous offense; and to repeal certain provisions  of  such  law  relating
   thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 4 of section 265.01 of the penal law are
 REPEALED.
   § 2. Subdivision 10 of section 265.02 of the penal law,  as  added  by
 chapter  1  of  the laws of 2013, is amended and a new subdivision 11 is
 added to read as follows:
   (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
   (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.
   §  3.  Subdivision 3 of section 265.03 of the penal law, as amended by
 chapter 745 of the laws of 2006, is amended and a new subdivision  4  is
 added to read as follows:
   (3)  such  person  possesses any loaded firearm. Such possession shall
 not, except as provided in subdivision one or seven of section 265.02 of
 this article,  constitute  a  violation  of  this  subdivision  if  such
 possession takes place in such person's home or place of business[.]; OR
   (4)  SUCH  PERSON  POSSESSES A LOADED 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.
   § 4. Paragraph 5 of subdivision a of section 265.20 of the penal  law,
 as  amended  by  chapter  235  of  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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