S T A T E O F N E W Y O R K
________________________________________________________________________
805
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sen. BRESLIN -- 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 criminal possession of a
weapon
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 265.01 of the penal law, as amended by chapter 1 of
2 the laws of 2013, is amended to read as follows:
3 S 265.01 Criminal possession of a weapon in the fourth degree.
4 A person is guilty of criminal possession of a weapon in the fourth
5 degree when:
6 (1) He or she possesses any firearm, electronic dart gun, electronic
7 stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
8 knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
9 metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
10 shot or slungshot, shirken or "Kung Fu star"; or
11 (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
12 imitation pistol, or any other dangerous or deadly instrument or weapon
13 with intent to use the same unlawfully against another; or
14 (3)[; or
15 (4) He possesses a rifle, shotgun, antique firearm, black powder
16 rifle, black powder shotgun, or any muzzle-loading firearm, and has been
17 convicted of a felony or serious offense; or
18 (5)] He possesses any dangerous or deadly weapon and is not a citizen
19 of the United States[; or
20 (6) He is a person who has been certified not suitable to possess a
21 rifle or shotgun, as defined in subdivision sixteen of section 265.00,
22 and refuses to yield possession of such rifle or shotgun upon the demand
23 of a police officer. Whenever a person is certified not suitable to
24 possess a rifle or shotgun, a member of the police department to which
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05438-01-5
S. 805 2
1 such certification is made, or of the state police, shall forthwith
2 seize any rifle or shotgun possessed by such person. A rifle or shotgun
3 seized as herein provided shall not be destroyed, but shall be delivered
4 to the headquarters of such police department, or state police, and
5 there retained until the aforesaid certificate has been rescinded by the
6 director or physician in charge, or other disposition of such rifle or
7 shotgun has been ordered or authorized by a court of competent jurisdic-
8 tion.
9 (7) He knowingly possesses a bullet containing an explosive substance
10 designed to detonate upon impact.
11 (8) He possesses any armor piercing ammunition with intent to use the
12 same unlawfully against another].
13 Criminal possession of a weapon in the fourth degree is a class A
14 misdemeanor.
15 S 2. Section 265.02 of the penal law, as amended by chapter 764 of the
16 laws of 2005, subdivision 8 as amended and subdivisions 9 and 10 as
17 added by chapter 1 of the laws of 2013, is amended to read as follows:
18 S 265.02 Criminal possession of a weapon in the third degree.
19 A person is guilty of criminal possession of a weapon in the third
20 degree when:
21 (1) Such person commits the crime of criminal possession of a weapon
22 in the fourth degree as defined in subdivision one, two[,] OR three [or
23 five] of section 265.01, and has been previously convicted of any crime;
24 or
25 (2) Such person possesses any explosive or incendiary bomb, bombshell,
26 firearm silencer, machine-gun or any other firearm or weapon simulating
27 a machine-gun and which is adaptable for such use; or
28 (3) Such person knowingly possesses a machine-gun, firearm, rifle or
29 shotgun which has been defaced for the purpose of concealment or
30 prevention of the detection of a crime or misrepresenting the identity
31 of such machine-gun, firearm, rifle or shotgun; or
32 (5) (i) Such person possesses three or more firearms; or (ii) such
33 person possesses a firearm and has been previously convicted of a felony
34 or a class A misdemeanor defined in this chapter [within the five years
35 immediately preceding the commission of the offense] and such possession
36 did not take place in the person's home or place of business; or
37 (6) Such person knowingly possesses any disguised gun; or
38 (7) Such person possesses an assault weapon; or
39 (8) Such person possesses a large capacity ammunition feeding device.
40 For purposes of this subdivision, a large capacity ammunition feeding
41 device shall not include an ammunition feeding device lawfully possessed
42 by such person before the effective date of the chapter of the laws of
43 two thousand thirteen which amended this subdivision, that has a capaci-
44 ty of, or that can be readily restored or converted to accept more than
45 seven but less than eleven rounds of ammunition, or that was manufac-
46 tured before September thirteenth, nineteen hundred ninety-four, that
47 has a capacity of, or that can be readily restored or converted to
48 accept, more than ten rounds of ammunition; or
49 (9) Such person possesses an unloaded firearm and also commits a drug
50 trafficking felony as defined in subdivision twenty-one of section 10.00
51 of this chapter as part of the same criminal transaction; or
52 (10) Such person possesses an unloaded firearm and also commits any
53 violent felony offense as defined in subdivision one of section 70.02 of
54 this chapter as part of the same criminal transaction[.]; OR
S. 805 3
1 (11) SUCH PERSON POSSESSES A RIFLE, SHOTGUN, ANTIQUE FIREARM, BLACK
2 POWDER RIFLE, BLACK POWDER SHOTGUN, OR ANY MUZZLE-LOADING FIREARM, AND
3 HAS BEEN CONVICTED OF A FELONY OR SERIOUS OFFENSE; OR
4 (12) SUCH PERSON IS A PERSON WHO HAS BEEN CERTIFIED NOT SUITABLE TO
5 POSSESS A RIFLE OR SHOTGUN, AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION
6 265.00, AND REFUSES TO YIELD POSSESSION OF SUCH RIFLE OR SHOTGUN UPON
7 THE DEMAND OF A POLICE OFFICER. WHENEVER A PERSON IS CERTIFIED NOT SUIT-
8 ABLE TO POSSESS A RIFLE OR SHOTGUN, A MEMBER OF THE POLICE DEPARTMENT TO
9 WHICH SUCH CERTIFICATION IS MADE, OR OF THE STATE POLICE, SHALL FORTH-
10 WITH SEIZE ANY RIFLE OR SHOTGUN POSSESSED BY SUCH PERSON. A RIFLE OR
11 SHOTGUN SEIZED AS HEREIN PROVIDED SHALL NOT BE DESTROYED, BUT SHALL BE
12 DELIVERED TO THE HEADQUARTERS OF SUCH POLICE DEPARTMENT, OR STATE
13 POLICE, AND THERE RETAINED UNTIL THE AFORESAID CERTIFICATE HAS BEEN
14 RESCINDED BY THE DIRECTOR OR PHYSICIAN IN CHARGE, OR OTHER DISPOSITION
15 OF SUCH RIFLE OR SHOTGUN HAS BEEN ORDERED OR AUTHORIZED BY A COURT OF
16 COMPETENT JURISDICTION; OR
17 (13) SUCH PERSON KNOWINGLY POSSESSES A BULLET CONTAINING AN EXPLOSIVE
18 SUBSTANCE DESIGNED TO DETONATE UPON IMPACT; OR
19 (14) SUCH PERSON POSSESSES ANY ARMOR PIERCING AMMUNITION WITH INTENT
20 TO USE THE SAME UNLAWFULLY AGAINST ANOTHER.
21 Criminal possession of a weapon in the third degree is a class D felo-
22 ny.
23 S 3. Paragraph 5 of subdivision a of section 265.20 of the penal law,
24 as amended by chapter 235 of the laws of 2007, is amended to read as
25 follows:
26 5. Possession of a rifle or shotgun by a person other than a person
27 who has been convicted of a class A-I felony or a violent felony
28 offense, as defined in subdivision one of section 70.02 of this chapter,
29 who has been convicted as specified in subdivision [four] NINE of
30 section [265.01] 265.02 to whom a certificate of good conduct has been
31 issued pursuant to section seven hundred three-b of the correction law.
32 S 4. This act shall take effect on the ninetieth day after it shall
33 have become a law.