STATE OF NEW YORK
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5392
2019-2020 Regular Sessions
IN ASSEMBLY
February 11, 2019
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Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to removing the maximum age
limit for firearms instruction exemptions
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph 7 of subdivision (a) of section 265.20 of the
2 penal law, as amended by chapter 180 of the laws of 1998, is amended to
3 read as follows:
4 7. Possession, at an indoor or outdoor shooting range for the purpose
5 of loading and firing, of a rifle or shotgun, the propelling force of
6 which is gunpowder by a person [under sixteen years of age but] not
7 under twelve years of age, under the immediate supervision, guidance and
8 instruction of (a) a duly commissioned officer of the United States
9 army, navy, air force, marine corps or coast guard, or of the national
10 guard of the state of New York; or (b) a duly qualified adult citizen of
11 the United States who has been granted a certificate as an instructor in
12 small arms practice issued by the United States army, navy, air force or
13 marine corps, or by the adjutant general of this state, or by the
14 national rifle association of America, a not-for-profit corporation duly
15 organized under the laws of this state; or (c) a parent, guardian, or a
16 person over the age of eighteen designated in writing by such parent or
17 guardian who shall have a certificate of qualification in responsible
18 hunting, including safety, ethics, and landowner relations-hunter
19 relations, issued or honored by the department of environmental conser-
20 vation; or (d) an agent of the department of environmental conservation
21 appointed to conduct courses in responsible hunting practices pursuant
22 to article eleven of the environmental conservation law.
23 § 2. Paragraph 7-c of subdivision (a) of section 265.20 of the penal
24 law, as added by chapter 651 of the laws of 1996, is amended to read as
25 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02723-01-9
A. 5392 2
1 7-c. Possession for the purpose of loading and firing, of a rifle,
2 pistol or shotgun, the propelling force of which may be either air,
3 compressed gas or springs, by a person [under sixteen years of age but]
4 not under twelve years of age, under the immediate supervision, guidance
5 and instruction of (a) a duly commissioned officer of the United States
6 army, navy, marine corps or coast guard, or of the national guard of the
7 state of New York; or (b) a duly qualified adult citizen of the United
8 States who has been granted a certificate as an instructor in small arms
9 practice issued by the United States army, navy or marine corps, or by
10 the adjutant general of this state, or by the national rifle association
11 of America, a not-for-profit corporation duly organized under the laws
12 of this state; or (c) a parent, guardian, or a person over the age of
13 eighteen designated in writing by such parent or guardian who shall have
14 a certificate of qualification in responsible hunting, including safety,
15 ethics, and landowner relations-hunter relations, issued or honored by
16 the department of environmental conservation.
17 § 3. Paragraph 7-e of subdivision (a) of section 265.20 of the penal
18 law, as amended by chapter 281 of the laws of 2006, is amended to read
19 as follows:
20 7-e. Possession and use of a pistol or revolver, at an indoor or
21 outdoor pistol range located in or on premises owned or occupied by a
22 duly incorporated organization organized for conservation purposes or to
23 foster proficiency in small arms or at a target pistol shooting competi-
24 tion under the auspices of or approved by an association or organization
25 described in paragraph [7-a] seven-a of this subdivision for the purpose
26 of loading and firing the same by a person at least fourteen years of
27 age [but under the age of twenty-one] who has not been previously
28 convicted of a felony or serious offense, and who does not appear to be,
29 or pose a threat to be, a danger to himself or to others; provided
30 however, that such possession shall be of a pistol or revolver duly
31 licensed to and shall be used under the immediate supervision, guidance
32 and instruction of, a person specified in paragraph seven of this subdi-
33 vision.
34 § 4. This act shall take effect immediately.