Bill Text: NY S08156 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Prohibits the possession of weapons by persons under the age of seventeen and eighteen.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-11 - REFERRED TO CODES [S08156 Detail]

Download: New_York-2017-S08156-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8156
                    IN SENATE
                                     April 11, 2018
                                       ___________
        Introduced  by  Sen.  BOYLE  -- 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 possession of  weapons  by
          certain persons; and to amend the general business law, in relation to
          making technical corrections thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 265.05 of the penal law, as amended by  chapter  56
     2  of the laws of 1985, is amended to read as follows:
     3  § 265.05 Unlawful  possession  of  weapons  by  persons  under [sixteen]
     4             seventeen.
     5    It shall be unlawful for any person under the age of [sixteen]  seven-
     6  teen to possess any air-gun, spring-gun or other instrument or weapon in
     7  which the propelling force is a spring or air, or any gun or any instru-
     8  ment  or  weapon  in or upon which any loaded or blank cartridges may be
     9  used, or any loaded or blank cartridges or ammunition therefor,  or  any
    10  dangerous  knife;  provided  that  the possession of rifle or shotgun or
    11  ammunition therefor by the holder of a hunting license or permit  issued
    12  pursuant  to  article  eleven  of the environmental conservation law and
    13  used in accordance with said law shall not be governed by this section.
    14    A person who violates the provisions of this section shall be adjudged
    15  a juvenile delinquent.
    16    § 1-a. Section 265.05 of the penal law, as amended by section  one  of
    17  this act, is amended to read as follows:
    18  § 265.05 Unlawful  possession  of  weapons  by persons under [seventeen]
    19             eighteen.
    20    It shall be unlawful for any person under the age of [seventeen] eigh-
    21  teen to possess any air-gun, spring-gun or other instrument or weapon in
    22  which the propelling force is a spring or air, or any gun or any instru-
    23  ment or weapon in or upon which any loaded or blank  cartridges  may  be
    24  used,  or  any loaded or blank cartridges or ammunition therefor, or any
    25  dangerous knife; provided that the possession of  rifle  or  shotgun  or
    26  ammunition  therefor by the holder of a hunting license or permit issued
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14813-02-8
        S. 8156                             2
     1  pursuant to article eleven of the  environmental  conservation  law  and
     2  used in accordance with said law shall not be governed by this section.
     3    A person who violates the provisions of this section shall be adjudged
     4  a juvenile delinquent.
     5    §  2.  Subdivision 5 of section 265.10 of the penal law, as amended by
     6  chapter 189 of the laws of 2000, is amended to read as follows:
     7    5. Any person who disposes of any of the weapons, instruments,  appli-
     8  ances  or  substances  specified  in  section 265.05 to any other person
     9  under the age of [sixteen] seventeen years is guilty of a class A misde-
    10  meanor.
    11    § 2-a. Subdivision 5 of section 265.10 of the penal law, as amended by
    12  section two of this act, is amended to read as follows:
    13    5. Any person who disposes of any of the weapons, instruments,  appli-
    14  ances  or  substances  specified  in  section 265.05 to any other person
    15  under the age of [seventeen] eighteen years  is  guilty  of  a  class  A
    16  misdemeanor.
    17    §  3.  Subdivision  1 of section 399-s of the general business law, as
    18  added by chapter 313 of the laws of 1989, is amended to read as follows:
    19    1. In each mercantile establishment in this state where air rifles  or
    20  air  guns  are sold, a notice must be posted in a conspicuous place, and
    21  in close proximity to any air rifle or air gun displayed for sale,  that
    22  in  legible format states: "Except under supervision at a shooting range
    23  or for hunting pursuant to license, Section 265.05 of the New York State
    24  Penal Law makes it unlawful for any person under the  age  of  [sixteen]
    25  seventeen years to possess an air rifle or air gun."
    26    §  3-a. Subdivision 1 of section 399-s of the general business law, as
    27  amended by section three of this act, is amended to read as follows:
    28    1. In each mercantile establishment in this state where air rifles  or
    29  air  guns  are sold, a notice must be posted in a conspicuous place, and
    30  in close proximity to any air rifle or air gun displayed for sale,  that
    31  in  legible format states: "Except under supervision at a shooting range
    32  or for hunting pursuant to license, Section 265.05 of the New York State
    33  Penal Law makes it unlawful for any person under the age of  [seventeen]
    34  eighteen years to possess an air rifle or air gun."
    35    §  4.  This  act shall take effect October 1, 2018; provided, however,
    36  sections one-a, two-a, and three-a of this act shall take effect October
    37  1, 2019.