NY State Senate Bill 2021-S8173

Senate Bill S8173

2021-2022 Legislative Session

Relates to criminal sale of firearms

download bill text pdf

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
Jan 31, 2022	referred to codes

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2021-S8173 (ACTIVE) - Details

See Assembly Version of this Bill:: A9041
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.12, 265.13 & 265.15, Pen L

2021-S8173 (ACTIVE) - Summary

Reduces the number of firearms sold as an element of criminal sale in the first and second degrees; provides that possession of three of more firearms is presumptive evidence of intent to sell.

2021-S8173 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8173

SPONSOR: THOMAS
 
PURPOSE:

To strengthen existing laws that prevent the unauthorized sale and
possession of firearms.

 
SUMMARY OF PROVISIONS:

Section 1 amends penal law sections 265.12 and 265.13 to reduce the
number of firearms that must be sold, exchanged, given, or disposed of
in a one-year period to be a violation of criminal sale of a firearm in
the second degree and criminal sale of a firearms in the first degree.

Section 2 amends penal law section 265.15 to reduce the number of
firearms possessed by a person that are presumptive evidence of intent
to sell.

Section 3 establishes the effective date.

 
JUSTIFICATION:

In New York, the criminal sale of a firearm is a felony offense.  Crimi-
nal sale of a firearm in the second degree is when a person unlawfully
sells, exchanges, gives, or disposes of five or more firearms to one
person or when a person sells, exchanges, or disposes of five or more
firearms within a period of one year to any number of individuals. Crim-
inal sale of a firearm in the first degree applies in the same situ-
ations but when the number of guns is ten instead of five.

The number of guns that need to be sold, exchanged, given, or disposed
of in a single year to any number of individuals is too high to prevent
the illegal trafficking of firearms in the state. For the offense of
criminal sale in the second degree, the bill decreases the number of
guns that must be sold, exchanged, given, or disposed of in a one-year
period from five to two and from ten to three for criminal sale in the
first degree.

The bill also decreases the number of guns in an individual's
possession, from five to three, that create a presumption that the indi-
vidual intends to sell, and not just possess, the firearm.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S8173 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8173                                                  A. 9041
 
                       S E N A T E - A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Codes
 
 IN ASSEMBLY -- 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 criminal sale of firearms

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 265.12 and 265.13 of the penal law, as amended  by
 chapter 764 of the laws of 2005, are amended to read as follows:
 § 265.12 Criminal sale of a firearm in the second degree.
   A  person is guilty of criminal sale of a firearm in the second degree
 when such person:
   (1) unlawfully sells, exchanges, gives or disposes of to another  five
 or more firearms; or
   (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
 person or persons a total of [five] TWO or more firearms in a period  of
 not more than one year.
   Criminal sale of a firearm in the second degree is a class C felony.
 § 265.13 Criminal sale of a firearm in the first degree.
   A  person  is guilty of criminal sale of a firearm in the first degree
 when such person:
   (1) unlawfully sells, exchanges, gives or disposes of to  another  ten
 or more firearms; or
   (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
 person or persons a total of [ten] THREE or more firearms in a period of
 not more than one year.
   Criminal sale of a firearm in the first degree is a class B felony.
   § 2. Subdivision 6 of section 265.15 of the penal  law,  as  added  by
 chapter 233 of the laws of 1980, is amended to read as follows:
   6.  The  possession  of [five] THREE or more firearms by any person is
 presumptive evidence that such person possessed the  firearms  with  the
 intent to sell same.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14469-01-2

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