BILL NUMBER: S8782

SPONSOR: KAPLAN
 
TITLE OF BILL:

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 serious
offense; and to repeal certain provisions of such law relating thereto

 
PURPOSE:

To strengthen New York State gun laws pertaining to the possession of a
rifle, shotgun or other long gun by a person convicted of a felony or
serious offense; repealer.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivisions 3 and 4 of section 265.01 of the penal law are
repealed. Section 2. Subdivision 10 of Section 265.02 of the penal law,
Criminal possession of a weapon in the third degree, is amended and a
new subdivision 11 is added to include such person who possesses a
rifle, shotgun, antique firearm, black powder rifle, black powder shot-
              

gun, or any muzzle-loading firearm, and has been convicted of a felony
or serious offense Section 3. Subdivision 3 of Section 265.03 of the
penal law, Criminal possession of a weapon in the second degree, is
amended and a new subdivision 4 is added to include such person who
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. Section 4. Paragraph 5 of
subdivision (a) of section 265.20 of the penal law is amended to include
subdivision eleven of section 265.02 and subdivision four of section
265.03 of this article as specified convictions. Section 5. This act
shall take effect on the thirtieth day after it shall have become law.

 
CURRENT LAW:

Under current law, a person is guilty of criminal possession of a weapon
in the fourth degree when such person has been convicted of a felony or
serious offense and possesses a rifle, shotgun, antique firearm, black
powder rifle, black powder shotgun, or any muzzle loading firearm. This
crime is considered a Class A misdemeanor punishable by up to a year in
jail and/or a $1,000 fine.

 
JUSTIFICATION:

Convicted felons are routinely found in possession of various types of
firearms, however under current law the offense is only punishable by a
class A misdemeanor. This legislation increases that penalty to a class
D felony carrying up to 7 years in cases pertaining specifically to
loaded long guns, rifles and firearms. The crime increases to a class C
felony, criminal possession in the third degree which is punishable by
imprisonment up to 15 years with the option of monetary fines in cases
where there is intent to use the weapon. In 2020 the United States
Sentencing Commission reported 6,782 cases involving gun convictions
under 18 U.S.C. § 922, an alarming increase from 5,391 offenders in
fiscal year 2016. 18 U.S.C.  prohibits certain persons from shipping,
transporting, possessing or receiving a firearm or ammunition while
subject to a prohibition from doing so, most commonly because of prior
conviction for a felony offense. The current penalties associated with
convicted felons and the illegal possession of firearms aren't commensu-
rate with the crimes committed. Increasing the penalty for these
offenses to a class D or class C felony is more appropriate. This legis-
lation will have zero impact on lawful gun owners while providing harsh-
er penalties for gun related offenses committed by convicted felons.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law