STATE OF NEW YORK ________________________________________________________________________ 3745 2015-2016 Regular Sessions IN SENATE February 17, 2015 ___________ Introduced by Sen. ESPAILLAT -- 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 illegal gun trafficking, criminal possession of a weapon by a minor and criminal use of a weap- on by a minor, failure to report a lost or stolen firearm, and fines for gun trafficking; and to amend the education law, in relation to the eligibility for tuition awards to students on probation or parole for weapons convictions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Gun Trafficking Prevention Act". 3 § 2. The penal law is amended by adding a new section 265.50 to read 4 as follows: 5 § 265.50 Illegal gun trafficking. 6 A person is guilty of illegal gun trafficking when such person know- 7 ingly and intentionally distributes, transports, ships, receives, 8 barters, purchases or sells any firearm which has: 9 1. been used during the commission of a crime; 10 2. been stolen; 11 3. had the importer's or manufacturer's serial number removed, oblit- 12 erated or altered; or 13 4. been defaced. 14 Illegal gun trafficking is a class B felony. 15 § 3. The penal law is amended by adding two new sections 265.18 and 16 265.18-a to read as follows: 17 § 265.18 Criminal possession of a weapon by a minor. 18 1. A person is guilty of criminal possession of a weapon by a minor 19 when, being under eighteen years of age, he or she possesses any 20 firearm, rifle or shotgun. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08713-01-5