STATE OF NEW YORK
________________________________________________________________________
1523
2025-2026 Regular Sessions
IN SENATE
January 10, 2025
___________
Introduced by Sens. O'MARA, BORRELLO, OBERACKER -- 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, and relating to making technical corrections thereto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 265.04 of the penal law, as amended by chapter 764
2 of the laws of 2005, is amended to read as follows:
3 § 265.04 Criminal possession of a weapon in the first degree.
4 A person is guilty of criminal possession of a weapon in the first
5 degree when such person:
6 (1) possesses any explosive substance with intent to use the same
7 unlawfully against the person or property of another; [or]
8 (2) possesses ten or more firearms[.]; or
9 (3) knowingly possesses a firearm, rifle or shotgun that was stolen.
10 Criminal possession of a weapon in the first degree is a class B felo-
11 ny.
12 § 2. Subdivision 1 of section 265.09 of the penal law, as amended by
13 chapter 650 of the laws of 1996, is amended to read as follows:
14 (1) A person is guilty of criminal use of a firearm in the first
15 degree when [he] such person:
16 (a) commits any class B violent felony offense as defined in paragraph
17 (a) of subdivision one of section 70.02 and [he] such person either:
18 [(a)](i) possesses a deadly weapon, if the weapon is a loaded weapon
19 from which a shot, readily capable of producing death or other serious
20 injury may be discharged; or
21 [(b)](ii) displays what appears to be a pistol, revolver, rifle, shot-
22 gun, machine gun or other firearm[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04445-01-5
S. 1523 2
1 (b) commits any felony offense defined in article 120, 125, 130, 135,
2 140, 155, or 160 of this chapter while knowingly possessing a firearm,
3 rifle or shotgun that is stolen.
4 Criminal use of a firearm in the first degree is a class B felony.
5 § 3. Section 265.13 of the penal law, as amended by section 1 of
6 subpart A of part UU of chapter 56 of the laws of 2022, is amended to
7 read as follows:
8 § 265.13 Criminal sale of a firearm in the first degree.
9 A person is guilty of criminal sale of a firearm in the first degree
10 when such person:
11 (1) unlawfully sells, exchanges, gives or disposes of to another ten
12 or more firearms; [or]
13 (2) unlawfully sells, exchanges, gives or disposes of to another
14 person or persons a total of three or more firearms in a period of not
15 more than one year; or
16 (3) unlawfully sells, exchanges, gives or disposes of to another indi-
17 vidual or individuals a firearm, rifle or shotgun that such person knows
18 to be stolen.
19 Criminal sale of a firearm in the first degree is a class B felony.
20 § 4. Subdivision 7 of section 155.30 of the penal law is REPEALED.
21 § 5. Section 155.42 of the penal law, as amended by section 4 of part
22 FF of chapter 55 of the laws of 2024, is REPEALED.
23 § 6. Section 155.42 of the penal law, as amended by section 7 of part
24 O of chapter 56 of the laws of 2024, is amended to read as follows:
25 § 155.42 Grand larceny in the first degree.
26 A person is guilty of grand larceny in the first degree when:
27 1. such person steals property and when the value of the property
28 exceeds one million dollars; [or]
29 2. such person commits deed theft, regardless of the value, of (a)
30 residential real property that is occupied as a home by at least one
31 person; or (b) residential real property that involves a home that is
32 owned by an elderly person, an incompetent, an incapacitated person, or
33 physically disabled person; or (c) three or more residential real prop-
34 erties[.];
35 3. such person steals property and the property consists of retail
36 goods or merchandise stolen pursuant to a common scheme or plan or a
37 single, ongoing intent to deprive another or others of the property or
38 to appropriate the property to the actor or another person and the value
39 of the property exceeds one million dollars, which value may be deter-
40 mined by the aggregate value of all such property regardless of whether
41 the goods or merchandise were stolen from the same owner. Nothing in
42 this subdivision shall be read to limit the ability to aggregate the
43 value of any property or the ability to charge the larceny of retail
44 goods or merchandise under another applicable provision of law; or
45 4. such person steals property and when the property consists of one
46 or more firearms, rifles or shotguns, as such terms are defined by
47 section 265.00 of this chapter.
48 Grand larceny in the first degree is a class B felony.
49 § 7. This act shall take effect on the first of November next succeed-
50 ing the date upon which it shall have become a law.