STATE OF NEW YORK
        ________________________________________________________________________
                                          7121
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by  Sen.  ORTT  --  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 removing the  maximum  age
          limit for firearms instruction exemptions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph 7 of subdivision (a) of  section  265.20  of  the
     2  penal  law, as amended by chapter 180 of the laws of 1998, is amended to
     3  read as follows:
     4    7. Possession, at an indoor or outdoor shooting range for the  purpose
     5  of  loading  and  firing, of a rifle or shotgun, the propelling force of
     6  which is gunpowder by a person [under sixteen  years  of  age  but]  not
     7  under twelve years of age, under the immediate supervision, guidance and
     8  instruction  of  (a)  a  duly  commissioned officer of the United States
     9  army, navy, air force, marine corps or coast guard, or of  the  national
    10  guard of the state of New York; or (b) a duly qualified adult citizen of
    11  the United States who has been granted a certificate as an instructor in
    12  small arms practice issued by the United States army, navy, air force or
    13  marine  corps,  or  by  the  adjutant  general  of this state, or by the
    14  national rifle association of America, a not-for-profit corporation duly
    15  organized under the laws of this state; or (c) a parent, guardian, or  a
    16  person  over the age of eighteen designated in writing by such parent or
    17  guardian who shall have a certificate of  qualification  in  responsible
    18  hunting,   including  safety,  ethics,  and  landowner  relations-hunter
    19  relations, issued or honored by the department of environmental  conser-
    20  vation;  or (d) an agent of the department of environmental conservation
    21  appointed to conduct courses in responsible hunting  practices  pursuant
    22  to article eleven of the environmental conservation law.
    23    §  2.  Paragraph 7-c of subdivision (a) of section 265.20 of the penal
    24  law, as added by chapter 651 of the laws of 1996, is amended to read  as
    25  follows:
    26    7-c.  Possession  for  the  purpose of loading and firing, of a rifle,
    27  pistol or shotgun, the propelling force of  which  may  be  either  air,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13905-01-7

        S. 7121                             2
     1  compressed  gas or springs, by a person [under sixteen years of age but]
     2  not under twelve years of age, under the immediate supervision, guidance
     3  and instruction of (a) a duly commissioned officer of the United  States
     4  army, navy, marine corps or coast guard, or of the national guard of the
     5  state  of  New York; or (b) a duly qualified adult citizen of the United
     6  States who has been granted a certificate as an instructor in small arms
     7  practice issued by the United States army, navy or marine corps,  or  by
     8  the adjutant general of this state, or by the national rifle association
     9  of  America,  a not-for-profit corporation duly organized under the laws
    10  of this state; or (c) a parent, guardian, or a person over  the  age  of
    11  eighteen designated in writing by such parent or guardian who shall have
    12  a certificate of qualification in responsible hunting, including safety,
    13  ethics,  and  landowner relations-hunter relations, issued or honored by
    14  the department of environmental conservation.
    15    § 3. Paragraph 7-e of subdivision (a) of section 265.20 of  the  penal
    16  law,  as  amended by chapter 281 of the laws of 2006, is amended to read
    17  as follows:
    18    7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
    19  outdoor  pistol  range  located in or on premises owned or occupied by a
    20  duly incorporated organization organized for conservation purposes or to
    21  foster proficiency in small arms or at a target pistol shooting competi-
    22  tion under the auspices of or approved by an association or organization
    23  described in paragraph 7-a of this subdivision for the purpose of  load-
    24  ing  and firing the same by a person at least fourteen years of age [but
    25  under the age of twenty-one] who has not been previously convicted of  a
    26  felony  or  serious  offense,  and  who does not appear to be, or pose a
    27  threat to be, a danger to himself or to others; provided  however,  that
    28  such  possession  shall  be of a pistol or revolver duly licensed to and
    29  shall be used under the immediate supervision, guidance and  instruction
    30  of, a person specified in paragraph seven of this subdivision.
    31    § 4. This act shall take effect immediately.