Prohibits the carrying of loaded paint pellet guns in motor vehicles and establishes a penal violation for such act

Summary of provisions

Amends Section 265.35 of the penal law by adding a new subdivision 4 to state that carrying a loaded paint pellet gun in or on a motor vehicle is a violation, and amends section 399-r of the general business law to add a new subdivision (c) and reletter the current subdivision (c) as (d), to require that entities selling paint pellet guns shall post a notice of the provisions of Section 265.35.

Justification

Paintball attacks are on the rise across New York State, and a series of attacks in Syracuse within the last year have involved drive-by paintball shootings that have caused serious injury. The City of Syracuse Common Council passed a resolution requesting passage of this legislation on October 23, 2006.

Although many people view paintball guns as recreational items, the danger posed by paintball guns is real. A study by David Listman of St. Barnabas Hospital in the Bronx reported that eye injuries caused by paintballs more than doubled between 1995 and 2000. Injuries of this kind can cause permanent damage to vision. Dr, Shahzad Mian of the University of Michigan Health System's Kellogg Eye Center was quoted in the Post-Standard on October 30, 2005, that people shot in the eye with paintballs have a 30 percent chance of going blind in that eye.

In the past few years, a series of incidents in Central New York have demonstrated just how dangerous these weapons can be. On September 20, 2005, a paintball shooting spree took place that injured thirteen people as the perpetrators traveled around the City of Syracuse in a motor vehicle while inflicting injury upon innocent bystanders. On that night, a 2l-year old Syracuse man was driving his bicycle home when he was hit 11 times by paintballs, three of which hit him in the eye. On the same night, a 23-year old woman was shot 15 times and lost hearing out of one ear as a result. On October 16, 2005, a 16-year old high school student was shot near his eye by four men in a car while he was walking home from the local Boys & Girls Club. On Halloween 2004, a 14-year old Oswe- go boy was shot in the eye, causing his retina to detach and leading to permanent vision damage.

In another tragic incident on April 27, 2003, Central New York girls' basketball player of the year Whitney Ross had to give up on her dreams of becoming a basketball star after being hit in the eye with a paint- ball shot from a green van at a gas station in Syracuse. She experienced severe vision loss in one eye and eventually had to withdraw from the basketball team at St. Bonaventure, where she had received a full

athletic scholarship. She also temporarily withdrew from college to receive more specialized health care for the injury.

It is clear that paintball guns pose a serious threat, and one method of attack using these guns is to shoot passersby from a moving vehicle. New York State law prohibits the carrying of loaded firearms in motor vehi- cles. It is time to extend that prohibition to paintball guns. This legislation would amend the penal law to render the carrying of a loaded paintball gun in a motor vehicle a violation, as well as require sellers of paint ball guns to notify customers of this prohibition.

Legislative history

2007-2008: A.252, Advanced to Third reading. 2005-2006: A.9306, On Third Reading in the Assembly.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.