S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7258
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 7, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, the general business law and the  vehicle
   and  traffic  law,  in  relation  to criminal use of a firearm; and to
   repeal sections 265.08 and 265.09 of the penal law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
 the  penal  law,  paragraph  (a) as amended by chapter 23 of the laws of
 2024 and paragraph (b) as amended by chapter 94 of the laws of 2020, are
 amended to read as follows:
   (a) Class B violent felony offenses: an attempt to  commit  the  class
 A-I  felonies  of  murder  in  the  second  degree as defined in section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson in the first degree as defined in section 150.20; manslaughter  in
 the  first  degree as defined in section 125.20, aggravated manslaughter
 in the first degree as defined in section  125.22,  rape  in  the  first
 degree as defined in section 130.35, a crime formerly defined in section
 130.50,  aggravated  sexual  abuse  in  the  first  degree as defined in
 section 130.70, course of sexual conduct against a child  in  the  first
 degree  as  defined  in  section  130.75, assault in the first degree as
 defined in section 120.10, kidnapping in the second degree as defined in
 section 135.20, burglary in the  first  degree  as  defined  in  section
 140.30, arson in the second degree as defined in section 150.15, robbery
 in  the  first  degree  as defined in section 160.15, sex trafficking as
 defined in paragraphs (a) and (b) of subdivision five of section 230.34,
 sex trafficking of a child as defined in section 230.34-a, incest in the
 first degree as defined in section  255.27,  criminal  possession  of  a
 weapon  in  the first degree as defined in section 265.04, [criminal use
 of a firearm in the first degree as defined in section 265.09,] criminal
 sale of a firearm in the first degree  as  defined  in  section  265.13,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11492-01-5
              

 S. 7258                             2
 
 aggravated  assault  upon a police officer or a peace officer as defined
 in section 120.11, gang assault  in  the  first  degree  as  defined  in
 section  120.07, intimidating a victim or witness in the first degree as
 defined  in  section  215.17,  hindering prosecution of terrorism in the
 first degree as defined in section  490.35,  criminal  possession  of  a
 chemical  weapon or biological weapon in the second degree as defined in
 section 490.40, and criminal use of  a  chemical  weapon  or  biological
 weapon in the third degree as defined in section 490.47.
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency  medical  services  professional  as  defined  in  section 120.08,
 assault on a judge as defined in section 120.09,  gang  assault  in  the
 second  degree  as defined in section 120.06, strangulation in the first
 degree as defined in section 121.13, aggravated strangulation as defined
 in section 121.13-a, burglary in the second degree as defined in section
 140.25, robbery in the second degree as defined in section 160.10, crim-
 inal possession of a weapon in the second degree as defined  in  section
 265.03,  [criminal  use  of a firearm in the second degree as defined in
 section 265.08,] criminal sale of a firearm  in  the  second  degree  as
 defined  in section 265.12, criminal sale of a firearm with the aid of a
 minor as defined in section 265.14, aggravated criminal possession of  a
 weapon as defined in section 265.19, soliciting or providing support for
 an  act  of  terrorism in the first degree as defined in section 490.15,
 hindering prosecution of terrorism in the second degree  as  defined  in
 section  490.30, and criminal possession of a chemical weapon or biolog-
 ical weapon in the third degree as defined in section 490.37.
   § 2. Sections 265.08 and 265.09 of the penal law are  REPEALED  and  a
 new section 265.70 is added to read as follows:
 § 265.70 CRIMINAL USE OF A FIREARM.
   A  PERSON  IS  GUILTY  OF  CRIMINAL  USE OF A FIREARM WHEN SUCH PERSON
 COMMITS A CLASS A FELONY OR A VIOLENT  FELONY  OFFENSE,  AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER AND SUCH PERSON EITHER:
   1.  POSSESSES  A DEADLY WEAPON, IF SUCH WEAPON IS A LOADED WEAPON FROM
 WHICH A SHOT, READILY CAPABLE OF PRODUCING  DEATH  OR  SERIOUS  PHYSICAL
 INJURY MAY BE DISCHARGED; OR
   2.  DISPLAYS WHAT APPEARS TO BE OR IS A PISTOL, REVOLVER, RIFLE, SHOT-
 GUN, MACHINE GUN OR OTHER FIREARM.
   CRIMINAL USE OF A FIREARM IS A CLASS A-I FELONY.
   § 3. Paragraph f of subdivision 1 of section 410 of the general  busi-
 ness  law,  as amended by chapter 189 of the laws of 2018, is amended to
 read as follows:
   f. Conviction of any of the following crimes subsequent to  the  issu-
 ance of a license or registration pursuant to this article: fraud pursu-
 ant  to  sections  170.10,  170.15,  176.15,  176.20, 176.25, 176.30 and
 190.65; falsifying business records pursuant to  section  175.10;  grand
 larceny  pursuant  to  article 155; bribery pursuant to sections 180.03,
 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11,  200.12,
 200.45,  200.50;  perjury  pursuant  to sections 210.10, 210.15, 210.40;
 assault pursuant to sections 120.05,  120.10,  120.11,  120.12;  robbery
 pursuant  to  article  160;  homicide  pursuant  to  sections 125.25 and
 125.27; manslaughter pursuant to sections 125.15 and 125.20;  kidnapping
 and  unlawful  imprisonment  pursuant  to  sections  135.10,  135.20 and
 S. 7258                             3
 
 135.25; unlawful weapons possession pursuant to sections 265.02,  265.03
 and  265.04; criminal use of a weapon pursuant to FORMER sections 265.08
 and 265.09, AND SECTION 265.70; criminal sale of a  weapon  pursuant  to
 sections  265.11 and 265.12; compelling prostitution pursuant to section
 230.33; sex trafficking pursuant to section 230.34; sex trafficking of a
 child pursuant to section 230.34-a; and sex offenses pursuant to article
 130 of the penal law. Provided, however, that for the purposes  of  this
 article,  none of the following shall be considered criminal convictions
 or reported as such: (i) a conviction for which an executive pardon  has
 been  issued  pursuant to the executive law; (ii) a conviction which has
 been vacated and replaced by a youthful  offender  finding  pursuant  to
 article  seven  hundred  twenty  of  the  criminal procedure law, or the
 applicable provisions of law of  any  other  jurisdiction;  or  (iii)  a
 conviction the records of which have been expunged or sealed pursuant to
 the  applicable  provisions  of  the  laws of this state or of any other
 jurisdiction; and (iv) a conviction for which other evidence of success-
 ful rehabilitation to remove the disability has been issued.
   § 4. Paragraph (a) of subdivision 4 of section 509-cc of  the  vehicle
 and  traffic  law,  as  amended  by  chapter  23 of the laws of 2024, is
 amended to read as follows:
   (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
 subdivision  one  and  paragraph  (a) of subdivision two of this section
 that result in permanent disqualification  shall  include  a  conviction
 under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
 125.25, 125.26, 125.27,  130.30,  130.35,  former  sections  130.45  and
 130.50, sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,
 130.95,  130.96,  135.25,  150.20,  230.30,  230.32,  230.34,  230.34-a,
 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 AND 265.70 of  the  penal
 law  or an attempt to commit any of the aforesaid offenses under section
 110.00 of the penal law,  or  any  offenses  committed  under  a  former
 section of the penal law which would constitute violations of the afore-
 said  sections  of the penal law, or any offenses committed outside this
 state which would constitute violations of the aforesaid sections of the
 penal law.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become  a  law;  provided  that  the
 provisions  of  sections  one  and  two  of this act shall only apply to
 offenses committed on or after such effective date.