NY State Senate Bill 2023-S3420

Current 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 03, 2024	referred to codes
Jan 31, 2023	referred to codes

co-Sponsors

2023-S3420 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.04, 265.09, 265.13 & 155.42, rpld §155.30 sub 7, Pen L

2023-S3420 (ACTIVE) - Summary

Relates to criminal penalties for possession, theft, or sale of stolen firearms, shotguns and rifles.

2023-S3420 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3420

SPONSOR: O'MARA
 
TITLE OF BILL:

An act to amend the penal law, in relation to stolen firearms, shotguns
and rifles; and to repeal certain provisions of such law relating there-
to

 
PURPOSE:

To enhance penalties for offenders who commit crimes using stolen
firearms.   
SUMMARY OF PROVISIONS:

Section 1 adds possession of a stolen firearm, rifle or shotgun to Crim-
inal Possession of a Weapon in the First Degree, PL § 265.04.

Section 2 adds conduct constituting the use of stolen firearm, rifle or
shotgun during the commission of a felony offense defined in article
120, 125, 130, 135, 140, 155, or 160 of the penal law to Criminal Use of
a Firearm in the First Degree, PL § 265.09.

Section 3 adds the unlawful sale of a stolen firearm, rifle or shotgun
to Criminal Sale of a Firearm in the First Degree, PL § 265.13.

Section 4 repeals subdivision 7 of section

Section 5 adds the theft of one or more firearms, rifles to Grand Larce-
ny in the First Degree, PL § 155.42.

Section 6 is the effective date.

 
JUSTIFICATION:

While New York has some of the strictest and most restrictive gun laws
in the country, the impact of those laws fall primarily on law-abiding
citizens who face significant barriers to lawful gun ownership. These
laws have not prevented criminals from circumventing these laws by turn-
ing to the black market to obtain illegal, and often stolen, firearms.
As criminals continue to rely on stolen firearms to commit crimes, we
must ensure that our laws carry significant penalties for those commit-
ting such crimes. This bill addresses this issue by classifying certain
crimes related to the possession, use, and sale of stolen firearms as
class B violent felonies, which carry mandatory prison sentences of up
to twenty-five years. The bill also enhances the penalties for the theft
of firearms to further deter firearm theft.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S3420 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3420
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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 stolen firearms,  shotguns
   and  rifles;  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. Section 265.04 of the penal law, as amended by chapter 764
 of the laws of 2005, is amended to read as follows:
 § 265.04 Criminal possession of a weapon in the first degree.
   A person is guilty of criminal possession of a  weapon  in  the  first
 degree when such person:
   (1)  possesses  any  explosive  substance  with intent to use the same
 unlawfully against the person or property of another; [or]
   (2) possesses ten or more firearms[.]; OR
   (3) KNOWINGLY POSSESSES A FIREARM, RIFLE OR SHOTGUN THAT WAS STOLEN.
   Criminal possession of a weapon in the first degree is a class B felo-
 ny.
   § 2. Subdivision 1 of section 265.09 of the penal law, as  amended  by
 chapter 650 of the laws of 1996, is amended to read as follows:
   (1)  A  person  is  guilty  of  criminal use of a firearm in the first
 degree when he OR SHE:
   (A) commits any class B violent felony offense as defined in paragraph
 (a) of subdivision one of section 70.02 and he OR SHE either:
   [(a)](I) possesses a deadly weapon, if the weapon is a  loaded  weapon
 from  which  a shot, readily capable of producing death or other serious
 injury may be discharged; or
   [(b)](II) displays what appears to be a pistol, revolver, rifle, shot-
 gun, machine gun or other firearm[.]; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08297-01-3
 S. 3420                             2

   (B) COMMITS ANY FELONY OFFENSE DEFINED IN ARTICLE 120, 125, 130,  135,
 140,  155, OR 160 OF THE PENAL LAW WHILE KNOWINGLY POSSESSING A FIREARM,
 RIFLE OR SHOTGUN THAT IS STOLEN.
   Criminal use of a firearm in the first degree is a class B felony.
   §  3.  Section  265.13  of  the  penal law, as amended by section 1 of
 subpart A of part UU of chapter 56 of the laws of 2022,  is  amended  to
 read as follows:
 § 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 three or more firearms in a period  of  not
 more than one year; OR
   (3)  UNLAWFULLY  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF TO ANOTHER
 PERSON OR PERSONS A FIREARM, RIFLE OR SHOTGUN THAT HE OR SHE KNOWS TO BE
 STOLEN.
   Criminal sale of a firearm in the first degree is a class B felony.
   § 4. Subdivision 7 of section 155.30 of the penal law is REPEALED.
   § 5. Section 155.42 of the penal law, as added by chapter 515  of  the
 laws of 1986, is amended to read as follows:
 § 155.42 Grand larceny in the first degree.
   A person is guilty of grand larceny in the first degree when he OR SHE
 steals property and when [the]:
   1. THE value of the property exceeds one million dollars; OR
   2.  THE PROPERTY CONSISTS OF ONE OR MORE FIREARMS, RIFLES OR SHOTGUNS,
 AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THIS CHAPTER.
   Grand larceny in the first degree is a class B felony.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.

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Senate Bill S3420

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S3420 (ACTIVE) - Details

2023-S3420 (ACTIVE) - Summary

2023-S3420 (ACTIVE) - Sponsor Memo

2023-S3420 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3420

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Sponsored By

Thomas F. O'Mara

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

George M. Borrello

Peter Oberacker

2023-S3420 (ACTIVE) - Details

2023-S3420 (ACTIVE) - Summary

2023-S3420 (ACTIVE) - Sponsor Memo

2023-S3420 (ACTIVE) - Bill Text download pdf

Comments