STATE OF NEW YORK
        ________________________________________________________________________

                                          6522

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 19, 2021
                                       ___________

        Introduced  by M. of A. STERN -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal  law,  in  relation  to  redefining  the  term
          "disguised  gun"  to include any rifle, pistol, shotgun or machine-gun
          resembling a toy gun and prohibiting the  possession,  manufacture  or
          design thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 20 of section 265.00 of the penal law, as added
     2  by chapter 378 of the laws of 1998, is amended to read as follows:
     3    20. "Disguised gun" means  any  weapon  or  device  capable  of  being
     4  concealed  on the person from which a shot can be discharged through the
     5  energy of an explosive and is designed and  intended  to  appear  to  be
     6  either;  (a)  something  other  than  a gun; or (b) a toy gun that shall
     7  include, but not be limited to, any rifle, pistol, shotgun  or  machine-
     8  gun displaying a color finish other than the original manufacture color,
     9  a  decorative  pattern  or plastic like surface; provided, however, that
    10  any rifle or shotgun displaying a camouflage  color  finish  or  pattern
    11  that  is intended for hunting, as defined by article eleven of the envi-
    12  ronmental conservation law, shall not be considered  a  "disguised  gun"
    13  for purposes of this section.
    14    § 2. Section 265.10 of the penal law is amended by adding a new subdi-
    15  vision 8 to read as follows:
    16    8.  Any  person,  dealer,  firm, partnership or corporation who inten-
    17  tionally designs or transforms a rifle, pistol, shotgun  or  machine-gun
    18  to  resemble  a  toy  gun  by either altering or concealing the original
    19  color or surface of the gun with the purpose of selling such  weapon  is
    20  guilty of a class D felony.
    21    § 3. This act shall take effect on the first of November next succeed-
    22  ing the date on which it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08969-01-1