Bill Text: NY S00558 | 2011-2012 | General Assembly | Introduced

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Bill Title: Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-05-07 - PRINT NUMBER 558B [S00558 Detail]

Download: New_York-2011-S00558-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          558
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen.  DIAZ  --  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 firearms
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding two new sections 265.45
    2  and 265.50 to read as follows:
    3  S 265.45 AGGRAVATED SALE OF A FIREARM.
    4    A PERSON IS GUILTY OF AGGRAVATED SALE OF A FIREARM  WHEN  SUCH  PERSON
    5  KNOWINGLY  AND  UNLAWFULLY  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF A
    6  FIREARM TO A PERSON WHICH HE OR SHE KNOWS HAS BEEN:
    7    1. USED IN THE COMMISSION OF A FELONY OFFENSE;
    8    2. STOLEN FROM ITS LAWFUL OWNER; OR
    9    3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00  OF  THIS
   10  ARTICLE.
   11    AGGRAVATED SALE OF A FIREARM IS A CLASS D FELONY.
   12  S 265.50 AGGRAVATED SALE OF A FIREARM TO A MINOR.
   13    A  PERSON  OVER  THE AGE OF EIGHTEEN IS GUILTY OF AGGRAVATED SALE OF A
   14  FIREARM TO A MINOR WHEN SUCH  PERSON  KNOWINGLY  AND  UNLAWFULLY  SELLS,
   15  EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO A PERSON WHO IS, OR REASON-
   16  ABLY  APPEARS  TO  BE  LESS  THAN EIGHTEEN YEARS OF AGE, WHICH HE OR SHE
   17  KNOWS HAS BEEN:
   18    1. USED IN THE COMMISSION OF A FELONY OFFENSE;
   19    2. STOLEN FROM ITS LAWFUL OWNER; OR
   20    3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00  OF  THIS
   21  ARTICLE.
   22    AGGRAVATED SALE OF A FIREARM TO A MINOR IS A CLASS C FELONY.
   23    S 2. This act shall take effect on the first of November next succeed-
   24  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.
                                                                  LBD03334-01-1