Bill Text: NY S07796 | 2021-2022 | General Assembly | Introduced

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Bill Title: Amends the definition of a "disguised gun" to include any firearms designed and intended to appear to be a toy gun.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-02-24 - SIGNED CHAP.112 [S07796 Detail]

Download: New_York-2021-S07796-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7796

                    IN SENATE

                                    January 11, 2022
                                       ___________

        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the penal  law,  in  relation  to  redefining  the  term
          "disguised  gun"  to  include  any  firearm  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
     2  amended by a chapter of the laws of 2021 amending the penal law relating
     3  to redefining the term "disguised gun" to  include  any  rifle,  pistol,
     4  shotgun  or  machine-gun  resembling  a  toy  gun  and  prohibiting  the
     5  possession, manufacture or design thereof, as  proposed  in  legislative
     6  bills numbers S. 7152 and A. 6522, is amended to read as follows:
     7    20.  "Disguised  gun"  means  any  weapon  or  device capable of being
     8  concealed on the person from which a shot can be discharged through  the
     9  energy  of  an  explosive  and  is designed and intended to appear to be
    10  either; (a) something other than a gun; or (b)  a  toy  gun  that  shall
    11  include, but not be limited to, any firearm, rifle, [pistol,] shotgun or
    12  machine-gun  displaying  a color finish other than the original manufac-
    13  ture color, a decorative pattern  or  plastic  like  surface;  provided,
    14  however,  that any rifle or shotgun displaying a camouflage color finish
    15  or pattern that is intended for hunting, as defined by article eleven of
    16  the environmental conservation law, shall not be considered a "disguised
    17  gun" for purposes of this section.
    18    § 2. Subdivision 8 of section 265.10 of the penal law, as added  by  a
    19  chapter  of the laws of 2021 amending the penal law relating to redefin-
    20  ing the term "disguised gun" to include any rifle,  pistol,  shotgun  or
    21  machine-gun  resembling  a toy gun and prohibiting the possession, manu-
    22  facture or design thereof, as proposed in legislative bills  numbers  S.
    23  7152 and A. 6522, is amended to read as follows:
    24    8.  Any  person,  dealer,  firm, partnership or corporation who inten-
    25  tionally designs or transforms a firearm, rifle,  [pistol,]  shotgun  or
    26  machine-gun  to  resemble a toy gun by either altering or concealing the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08969-02-2
        S. 7796                             2

     1  original color or surface of the gun with the purpose  of  selling  such
     2  weapon is guilty of a class D felony.
     3    §  3.  This  act  shall  take  effect on the same date and in the same
     4  manner as a chapter of the laws of 2021 amending the penal law  relating
     5  to  redefining  the  term  "disguised gun" to include any rifle, pistol,
     6  shotgun  or  machine-gun  resembling  a  toy  gun  and  prohibiting  the
     7  possession,  manufacture  or  design thereof, as proposed in legislative
     8  bills numbers S. 7152 and A. 6522, takes effect.