Bill Text: NY A03724 | 2015-2016 | General Assembly | Introduced
Bill Title: Increases penalties for all offenses involving the possession, use, sale or purchase of firearms.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2015-05-07 - enacting clause stricken [A03724 Detail]
Download: New_York-2015-A03724-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3724 2015-2016 Regular Sessions I N A S S E M B L Y January 27, 2015 ___________ Introduced by M. of A. SCARBOROUGH -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to criminal sale, possession and use of firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The closing paragraph of section 265.01 of the penal law, 2 as amended by chapter 1 of the laws of 2013, is amended to read as 3 follows: 4 Criminal possession of a weapon in the fourth degree is a class A 5 misdemeanor; EXCEPT THAT IF SUCH WEAPON IS A FIREARM THEN SUCH OFFENSE 6 SHALL BE A CLASS D FELONY. 7 S 2. The closing paragraph of section 265.02 of the penal law, as 8 amended by chapter 764 of the laws of 2005, is amended to read as 9 follows: 10 Criminal possession of a weapon in the third degree is a class D felo- 11 ny; EXCEPT THAT IF SUCH WEAPON IS A FIREARM THEN SUCH OFFENSE SHALL BE A 12 CLASS C FELONY. 13 S 3. The closing paragraph of section 265.03 of the penal law, as 14 amended by chapter 742 of the laws of 2006, is amended to read as 15 follows: 16 Criminal possession of a weapon in the second degree is a class [C] B 17 felony. 18 S 4. The closing paragraph of section 265.04 of the penal law, as 19 amended by chapter 764 of the laws of 2005, is amended to read as 20 follows: 21 Criminal possession of a weapon in the first degree is a class B felo- 22 ny; EXCEPT THAT IF SUCH WEAPON IS A FIREARM THEN SUCH OFFENSE SHALL BE A 23 CLASS A FELONY. 24 S 5. The closing paragraph of section 265.08 of the penal law, as 25 added by chapter 233 of the laws of 1980, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08192-01-5 A. 3724 2 1 Criminal use of a firearm in the second degree is a class [C] B felo- 2 ny. 3 S 6. The closing paragraph of subdivision 1 of section 265.09 of the 4 penal law, as amended by chapter 650 of the laws of 1996, is amended to 5 read as follows: 6 Criminal use of a firearm in the first degree is a class [B] A felony. 7 S 7. Section 265.10 of the penal law, as amended by chapter 189 of the 8 laws of 2000, subdivisions 1 and 2 as amended by chapter 257 of the laws 9 of 2008, is amended to read as follows: 10 S 265.10 Manufacture, transport, disposition and defacement of weapons 11 and dangerous instruments and appliances. 12 1. Any person who manufactures or causes to be manufactured any 13 machine-gun, assault weapon, large capacity ammunition feeding device or 14 disguised gun is guilty of a class [D] C felony. Any person who manufac- 15 tures or causes to be manufactured any switchblade knife, gravity knife, 16 pilum ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, 17 plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag, 18 sandclub or slungshot is guilty of a class A misdemeanor. 19 2. Any person who transports or ships any machine-gun, firearm silenc- 20 er, assault weapon or large capacity ammunition feeding device or 21 disguised gun, or who transports or ships as merchandise five or more 22 firearms, is guilty of a class [D] C felony. Any person who transports 23 or ships as merchandise any firearm, other than an assault weapon, IS 24 GUILTY OF A CLASS D FELONY. ANY PERSON WHO TRANSPORTS OR SHIPS AS 25 MERCHANDISE ANY switchblade knife, gravity knife, pilum ballistic knife, 26 billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu 27 star, chuka stick, sandbag or slungshot is guilty of a class A misdemea- 28 nor. 29 3. Any person who disposes of any machine-gun, assault weapon, large 30 capacity ammunition feeding device or firearm silencer is guilty of a 31 class [D] C felony. Any person who knowingly buys, receives, disposes 32 of, or conceals a machine-gun, firearm, large capacity ammunition feed- 33 ing device, rifle or shotgun which has been defaced for the purpose of 34 concealment or prevention of the detection of a crime or misrepresenting 35 the identity of such machine-gun, firearm, large capacity ammunition 36 feeding device, rifle or shotgun is guilty of a class [D] C felony. 37 4. Any person who disposes of any of the weapons, instruments or 38 appliances specified in subdivision one of section 265.01, except a 39 firearm, is guilty of a class A misdemeanor, and he is guilty of a class 40 D felony if he has previously been convicted of any crime. 41 5. Any person who disposes of any of the weapons, instruments, appli- 42 ances or substances specified in section 265.05 to any other person 43 under the age of sixteen years is guilty of a class A misdemeanor. 44 6. Any person who wilfully defaces any machine-gun, large capacity 45 ammunition feeding device or firearm is guilty of a class [D] C felony. 46 7. Any person, other than a wholesale dealer, or gunsmith or dealer in 47 firearms duly licensed pursuant to section 400.00, lawfully in 48 possession of a firearm, who disposes of the same without first notify- 49 ing in writing the licensing officer in the city of New York and coun- 50 ties of Nassau and Suffolk and elsewhere in the state the executive 51 department, division of state police, Albany, is guilty of a class [A 52 misdemeanor] D FELONY. 53 S 8. The closing paragraph of section 265.11 of the penal law, as 54 amended by chapter 764 of the laws of 2005, is amended to read as 55 follows: A. 3724 3 1 Criminal sale of a firearm in the third degree is a class [D] C felo- 2 ny. 3 S 9. The closing paragraph of section 265.12 of the penal law, as 4 amended by chapter 764 of the laws of 2005, is amended to read as 5 follows: 6 Criminal sale of a firearm in the second degree is a class [C] B felo- 7 ny. 8 S 10. The closing paragraph of section 265.13 of the penal law, as 9 amended by chapter 764 of the laws of 2005, is amended to read as 10 follows: 11 Criminal sale of a firearm in the first degree is a class [B] A felo- 12 ny. 13 S 11. The closing paragraph of section 265.14 of the penal law, as 14 amended by chapter 654 of the laws of 1998, is amended to read as 15 follows: 16 Criminal sale of a firearm with the aid of a minor is a class [C] B 17 felony. 18 S 12. The closing paragraph of section 265.16 of the penal law, as 19 amended by chapter 654 of the laws of 1998, is amended to read as 20 follows: 21 Criminal sale of a firearm to a minor is a class [C] B felony. 22 S 13. Section 265.35 of the penal law, subdivisions 1, 2 and 3 as 23 renumbered by chapter 1041 of the laws of 1974, is amended to read as 24 follows: 25 S 265.35 Prohibited use of weapons. 26 1. Any person hunting with a dangerous weapon in any county wholly 27 embraced within the territorial limits of a city is guilty of a class A 28 misdemeanor. WHERE SUCH DANGEROUS WEAPON IS A FIREARM SUCH PERSON IS 29 GUILTY OF A CLASS D FELONY. 30 2. Any person who wilfully discharges a loaded firearm or any other 31 gun, the propelling force of which is gunpowder, at an aircraft while 32 such aircraft is in motion in the air or in motion or stationary upon 33 the ground, or at any railway or street railroad train as defined by the 34 public service law, or at a locomotive, car, bus or vehicle standing or 35 moving upon such railway, railroad or public highway, is guilty of a 36 class [D] C felony if thereby the safety of any person is endangered, 37 and in every other case, of a class [E] D felony. 38 3. Any person who, otherwise than in self defense or in the discharge 39 of official duty, (a) wilfully discharges any species of firearms, air- 40 gun or other weapon, or throws any other deadly missile, either in a 41 public place, or in any place where there is any person to be endangered 42 thereby, or, in Putnam county, within one-quarter mile of any occupied 43 school building other than under supervised instruction by properly 44 authorized instructors although no injury to any person ensues; (b) 45 intentionally, without malice, points or aims any firearm or any other 46 gun, the propelling force of which is gunpowder, at or toward any other 47 person; (c) discharges, without injury to any other person, firearms or 48 any other guns, the propelling force of which is gunpowder, while inten- 49 tionally without malice, aimed at or toward any person; or (d) maims or 50 injures any other person by the discharge of any firearm or any other 51 gun, the propelling force of which is gunpowder, pointed or aimed inten- 52 tionally, but without malice, at any such person, is guilty of a class 53 [A misdemeanor] D FELONY. 54 S 14. Subdivision 1 of section 70.02 of the penal law, as separately 55 amended by chapters 764 and 765 of the laws of 2005, paragraph (a) as 56 amended by chapter 320 of the laws of 2006, paragraphs (b) and (c) as A. 3724 4 1 amended by chapter 1 of the laws of 2013 and paragraph (d) as amended by 2 chapter 7 of the laws of 2007, is amended to read as follows: 3 1. Definition of a violent felony offense. A violent felony offense is 4 A CLASS A VIOLENT FELONY OFFENSE, a class B violent felony offense, a 5 class C violent felony offense, a class D violent felony offense, or a 6 class E violent felony offense, defined as follows: 7 (a) CLASS A VIOLENT FELONY OFFENSES: CRIMINAL POSSESSION OF A WEAPON 8 IN THE FIRST DEGREE AS DEFINED IN SECTION 265.04 WHERE THE WEAPON IS A 9 FIREARM, CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE AS DEFINED IN 10 SECTION 265.09, AND CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE AS 11 DEFINED IN SECTION 265.13. 12 (B) Class B violent felony offenses: an attempt to commit the class 13 A-I felonies of murder in the second degree as defined in section 14 125.25, kidnapping in the first degree as defined in section 135.25, and 15 arson in the first degree as defined in section 150.20; manslaughter in 16 the first degree as defined in section 125.20, aggravated manslaughter 17 in the first degree as defined in section 125.22, rape in the first 18 degree as defined in section 130.35, criminal sexual act in the first 19 degree as defined in section 130.50, aggravated sexual abuse in the 20 first degree as defined in section 130.70, course of sexual conduct 21 against a child in the first degree as defined in section 130.75; 22 assault in the first degree as defined in section 120.10, kidnapping in 23 the second degree as defined in section 135.20, burglary in the first 24 degree as defined in section 140.30, arson in the second degree as 25 defined in section 150.15, robbery in the first degree as defined in 26 section 160.15, incest in the first degree as defined in section 255.27, 27 criminal possession of a weapon in the first degree as defined in 28 section 265.04 WHERE THE WEAPON IS NOT A FIREARM, [criminal use of a 29 firearm in the first degree as defined in section 265.09, criminal sale 30 of a firearm in the first degree as defined in section 265.13,] CRIMINAL 31 POSSESSION OF A WEAPON IN THE SECOND DEGREE AS DEFINED IN SECTION 32 265.03, CRIMINAL USE OF A FIREARM IN THE SECOND DEGREE AS DEFINED IN 33 SECTION 265.08, CRIMINAL SALE OF A FIREARM IN THE SECOND DEGREE AS 34 DEFINED IN SECTION 265.12, CRIMINAL SALE OF A FIREARM WITH THE AID OF A 35 MINOR AS DEFINED IN SECTION 265.14, aggravated assault upon a police 36 officer or a peace officer as defined in section 120.11, gang assault in 37 the first degree as defined in section 120.07, intimidating a victim or 38 witness in the first degree as defined in section 215.17, hindering 39 prosecution of terrorism in the first degree as defined in section 40 490.35, criminal possession of a chemical weapon or biological weapon in 41 the second degree as defined in section 490.40, and criminal use of a 42 chemical weapon or biological weapon in the third degree as defined in 43 section 490.47. 44 [(b)] (C) Class C violent felony offenses: an attempt to commit any of 45 the class B felonies set forth in paragraph [(a)] (B) of this subdivi- 46 sion; aggravated criminally negligent homicide as defined in section 47 125.11, aggravated manslaughter in the second degree as defined in 48 section 125.21, aggravated sexual abuse in the second degree as defined 49 in section 130.67, assault on a peace officer, police officer, fireman 50 or emergency medical services professional as defined in section 120.08, 51 assault on a judge as defined in section 120.09, gang assault in the 52 second degree as defined in section 120.06, strangulation in the first 53 degree as defined in section 121.13, burglary in the second degree as 54 defined in section 140.25, robbery in the second degree as defined in 55 section 160.10, [criminal possession of a weapon in the second degree as 56 defined in section 265.03, criminal use of a firearm in the second A. 3724 5 1 degree as defined in section 265.08, criminal sale of a firearm in the 2 second degree as defined in section 265.12, criminal sale of a firearm 3 with the aid of a minor as defined in section 265.14,] CRIMINAL 4 POSSESSION OF A WEAPON IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION 5 FIVE, SIX, SEVEN OR EIGHT OF SECTION 265.02 WHERE THE WEAPON IS A 6 FIREARM, CRIMINAL SALE OF A FIREARM IN THE THIRD DEGREE AS DEFINED IN 7 SECTION 265.11, aggravated criminal possession of a weapon as defined in 8 section 265.19, soliciting or providing support for an act of terrorism 9 in the first degree as defined in section 490.15, hindering prosecution 10 of terrorism in the second degree as defined in section 490.30, and 11 criminal possession of a chemical weapon or biological weapon in the 12 third degree as defined in section 490.37. 13 [(c)] (D) Class D violent felony offenses: an attempt to commit any of 14 the class C felonies set forth in paragraph [(b)] (C); reckless assault 15 of a child as defined in section 120.02, assault in the second degree as 16 defined in section 120.05, menacing a police officer or peace officer as 17 defined in section 120.18, stalking in the first degree, as defined in 18 subdivision one of section 120.60, strangulation in the second degree as 19 defined in section 121.12, rape in the second degree as defined in 20 section 130.30, criminal sexual act in the second degree as defined in 21 section 130.45, sexual abuse in the first degree as defined in section 22 130.65, course of sexual conduct against a child in the second degree as 23 defined in section 130.80, aggravated sexual abuse in the third degree 24 as defined in section 130.66, facilitating a sex offense with a 25 controlled substance as defined in section 130.90, criminal possession 26 of a weapon in the [third] FOURTH degree as defined in [subdivision 27 five, six, seven, eight, nine or ten of] section [265.02] 265.01 WHERE 28 THE WEAPON IS A FIREARM, [criminal sale of a firearm in the third degree 29 as defined in section 265.11,] AN ATTEMPT TO COMMIT ANY OF THE FELONIES 30 OF CRIMINAL POSSESSION IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION 31 FIVE, SIX, SEVEN OR EIGHT OF SECTION 265.02 AS A LESSER INCLUDED OFFENSE 32 OF THAT SECTION AS DEFINED IN SECTION 220.20 OF THE CRIMINAL PROCEDURE 33 LAW, intimidating a victim or witness in the second degree as defined in 34 section 215.16, soliciting or providing support for an act of terrorism 35 in the second degree as defined in section 490.10, and making a terror- 36 istic threat as defined in section 490.20, falsely reporting an incident 37 in the first degree as defined in section 240.60, placing a false bomb 38 or hazardous substance in the first degree as defined in section 240.62, 39 placing a false bomb or hazardous substance in a sports stadium or 40 arena, mass transportation facility or enclosed shopping mall as defined 41 in section 240.63, and aggravated unpermitted use of indoor pyrotechnics 42 in the first degree as defined in section 405.18. 43 [(d)] (E) Class E violent felony offenses: an attempt to commit any of 44 the felonies of criminal possession of a weapon in the [third] FOURTH 45 degree as defined in [subdivision five, six, seven or eight of] section 46 [265.02] 265.01 WHERE THE WEAPON IS A FIREARM as a lesser included 47 offense of that section as defined in section 220.20 of the criminal 48 procedure law, persistent sexual abuse as defined in section 130.53, 49 aggravated sexual abuse in the fourth degree as defined in section 50 130.65-a, falsely reporting an incident in the second degree as defined 51 in section 240.55 and placing a false bomb or hazardous substance in the 52 second degree as defined in section 240.61. 53 S 15. Subdivision 3 of section 70.02 of the penal law, as amended by 54 chapter 765 of the laws of 2005, paragraphs (b) and (c) as amended by 55 chapter 1 of the laws of 2013, is amended to read as follows: A. 3724 6 1 3. Term of sentence. The term of a determinate sentence for a violent 2 felony offense must be fixed by the court as follows: 3 (a) FOR A CLASS A FELONY, THE TERM MUST BE AT LEAST TEN YEARS AND MUST 4 NOT EXCEED TWENTY-FIVE YEARS; 5 (B) For a class B felony, the term must be at least five years and 6 must not exceed twenty-five years, provided, however, that the term must 7 be: (i) at least ten years and must not exceed thirty years where the 8 sentence is for the crime of aggravated assault upon a police officer or 9 peace officer as defined in section 120.11 of this chapter; and (ii) at 10 least ten years and must not exceed thirty years where the sentence is 11 for the crime of aggravated manslaughter in the first degree as defined 12 in section 125.22 of this chapter; 13 [(b)] (C) For a class C felony, the term must be at least three and 14 one-half years and must not exceed fifteen years, provided, however, 15 that the term must be: (i) at least seven years and must not exceed 16 twenty years where the sentence is for the crime of aggravated 17 manslaughter in the second degree as defined in section 125.21 of this 18 chapter; (ii) at least seven years and must not exceed twenty years 19 where the sentence is for the crime of attempted aggravated assault upon 20 a police officer or peace officer as defined in section 120.11 of this 21 chapter; (iii) at least three and one-half years and must not exceed 22 twenty years where the sentence is for the crime of aggravated criminal- 23 ly negligent homicide as defined in section 125.11 of this chapter; and 24 (iv) at least five years and must not exceed fifteen years where the 25 sentence is imposed for the crime of aggravated criminal possession of a 26 weapon as defined in section 265.19 of this chapter; 27 [(c)] (D) For a class D felony, the term must be at least two years 28 and must not exceed seven years, provided, however, that the term must 29 be: (i) at least two years and must not exceed eight years where the 30 sentence is for the crime of menacing a police officer or peace officer 31 as defined in section 120.18 of this chapter; and (ii) at least [three 32 and one-half] FIVE years and must not exceed [seven] EIGHT years where 33 the sentence is imposed for the crime of criminal possession of a weapon 34 in the [third] FOURTH degree as defined in [subdivision ten of] section 35 [265.02] 265.01 of this chapter IF SUCH WEAPON IS A FIREARM; 36 [(d)] (E) For a class E felony, the term must be at least one and 37 one-half years and must not exceed four years. 38 S 16. Paragraph (c) of subdivision 2 of section 70.02 of the penal 39 law, as amended by chapter 764 of the laws of 2005, the opening para- 40 graph as amended by chapter 1 of the laws of 2013, is amended to read as 41 follows: 42 (c) Except as provided in subdivision six of section 60.05, the 43 sentence imposed upon a person who stands convicted of the class [D] C 44 violent felony offenses of criminal possession of a weapon in the third 45 degree as defined in subdivision five, seven, eight or nine of section 46 265.02, criminal sale of a firearm in the third degree as defined in 47 section 265.11 or the class E violent felonies of attempted criminal 48 possession of a weapon in the third degree as defined in subdivision 49 five, seven, eight or nine of section 265.02 must be a sentence to a 50 determinate period of imprisonment, or, in the alternative, a definite 51 sentence of imprisonment for a period of no less than one year, except 52 that: 53 (i) the court may impose any other sentence authorized by law upon a 54 person who has not been previously convicted in the five years imme- 55 diately preceding the commission of the offense for a class A misdemea- 56 nor defined in this chapter, if the court having regard to the nature A. 3724 7 1 and circumstances of the crime and to the history and character of the 2 defendant, finds on the record that such sentence would be unduly harsh 3 and that the alternative sentence would be consistent with public safety 4 and does not deprecate the seriousness of the crime; and 5 (ii) the court may apply the provisions of paragraphs (b) and (c) of 6 subdivision four of this section when imposing a sentence upon a person 7 who has previously been convicted of a class A misdemeanor defined in 8 this chapter in the five years immediately preceding the commission of 9 the offense. 10 S 17. Paragraph (a) of subdivision 2 of section 70.02 of the penal 11 law, as amended by chapter 764 of the laws of 2005, is amended to read 12 as follows: 13 (a) Except as provided in subdivision six of section 60.05, the 14 sentence imposed upon a person who stands convicted of a class A, B or 15 class C violent felony offense must be a determinate sentence of impri- 16 sonment which shall be in whole or half years. The term of such sentence 17 must be in accordance with the provisions of subdivision three of this 18 section. 19 S 18. Paragraph (a) of subdivision 2 of section 70.02 of the penal 20 law, as amended by chapter 233 of the laws of 1980, is amended to read 21 as follows: 22 (a) The sentence imposed upon a person who stands convicted of a class 23 A, B or class C violent felony offense must be an indeterminate sentence 24 of imprisonment. Except as provided in subdivision five of section 25 60.05, the maximum term of such sentence must be in accordance with the 26 provisions of subdivision three of this section and the minimum period 27 of imprisonment under such sentence must be in accordance with subdivi- 28 sion four of this section. 29 S 19. This act shall take effect immediately and shall apply to 30 offenses committed on and after such date; provided that the amendments 31 to paragraph (a) of subdivision 2 of section 70.02 of the penal law made 32 by section seventeen of this act shall be subject to the expiration and 33 reversion of such paragraph when upon such date the provisions of 34 section eighteen of this act shall take effect.