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S2110Senate2009-2010 Session

Creates the offense of criminal use of a firearm in connection with a crime

Sponsor Martin J. GoldenSD-22+29 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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History

  1. Print number 2110a
  2. Amend and recommit to codes
  3. Referred to codes
  4. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S2110A

Title of bill

An act to amend the penal law, the vehicle and traffic law and the general business law, in relation to criminal use of a firearm in the first degree and to repeal certain provisions of the penal law relating thereto

Purpose

The purpose of this bill is to provide stiffer sentences to criminals who use firearms to commit felonies.

Summary of provisions

Section one amends the definition of criminal use of a firearm in the first degree to include displaying a firearm in the commission of any felony as opposed to just class B violent felonies.

Section two repeals criminal use of a firearm in the second degree (a class C felony), this effectively upgrades all instances of criminal use of a firearm to class B violent felonies.

Section three is technical and updates the cross references in law.

Justification

The use of firearms to commit violent crimes and terrorize the general populace is barbaric and unacceptable in any advanced civilization. However, citizens of the United States of America have a Constitu- tionally guaranteed right to keep and bear arms for their own purposes including hunting, recreation, collecting, self defense, to protect their families, to protect their homes or any other lawful purpose that the individual citizen may desire. These rights have been recently upheld in the Supreme Court cases of District of Columbia v. Heller and McDonald v. Chicago.

Nonetheless, for a free society to flourish there has to be a respected rule of law. Hence, it is essential that people who use force to terror- ize and prey upon others be punished to the fullest extent of the law, and that the laws be strong enough to make use a firearm in the commis- sion of a crime unthinkable.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.