Bill Text: NY S02826 | 2009-2010 | General Assembly | Amended
Bill Title: Establishs third, second and first degree crimes for failure to report lost or stolen firearms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S02826 Detail]
Download: New_York-2009-S02826-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2826--A
2009-2010 Regular Sessions
I N S E N A T E
March 4, 2009
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the penal law, in relation to failure to report a lost
or stolen firearm
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 three new sections
2 265.21, 265.22 and 265.23 to read as follows:
3 S 265.21 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
4 IN THE THIRD DEGREE.
5 A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
6 RIFLE OR SHOTGUN IN THE THIRD DEGREE WHEN HE OR SHE INTENTIONALLY FAILS
7 TO REPORT SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS
8 CHAPTER.
9 A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL HAVE ANY
10 LICENSE VALIDLY ISSUED, AS PROVIDED UNDER SECTION 400.00 OF THIS CHAP-
11 TER, SUSPENDED.
12 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
13 THIRD DEGREE IS A CLASS D FELONY.
14 S 265.22 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
15 IN THE SECOND DEGREE.
16 A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
17 RIFLE OR SHOTGUN IN THE SECOND DEGREE WHEN HE OR SHE HAS PREVIOUSLY BEEN
18 CONVICTED OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR
19 SHOTGUN IN THE THIRD DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
20 SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
21 A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL HAVE ANY
22 LICENSE VALIDLY ISSUED, AS PROVIDED UNDER SECTION 400.00 OF THIS CHAP-
23 TER, REVOKED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05756-02-9
S. 2826--A 2
1 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
2 SECOND DEGREE IS A CLASS C FELONY.
3 S 265.23 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
4 IN THE FIRST DEGREE.
5 A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
6 RIFLE OR SHOTGUN IN THE FIRST DEGREE WHEN HE OR SHE HAS PREVIOUSLY BEEN
7 CONVICTED OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR
8 SHOTGUN IN THE SECOND DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
9 SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
10 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
11 FIRST DEGREE IS A CLASS B FELONY.
12 S 2. Subdivision 3 of section 400.00 of the penal law, is amended by
13 adding a new paragraph (c) to read as follows:
14 (C) ALL APPLICATIONS AND RENEWALS OF A LICENSE TO CARRY OR POSSESS A
15 FIREARM SHALL INCLUDE A PROVISION, TO BE APPROVED AS TO FORM BY THE
16 SUPERINTENDENT OF STATE POLICE, DETAILING THE CRIMES PRESCRIBED IN
17 SECTIONS 265.21, 265.22, AND 265.23 OF THIS CHAPTER.
18 S 3. This act shall take effect on the first of November next succeed-
19 ing the date on which it shall have become a law.
