Imposes mandatory prison sentence for the use or display of a firearm or rifle when committing a violent felony

Title of bill

An act to amend the penal law, in relation to imposing a mandatory prison sentence for the use or display of a firearm or rifle in the commission of a violent felony offense

Purpose or general idea of bill

This bill would provide for an additional term of imprisonment for the display of a firearm in the furtherance of a violent felony offense.

Summary of specific provisions

Specifically, this bill would amend the penal law, to provide for additional term of imprisonment for three years for the first conviction, and six years for a second or subsequent conviction, if a person uses, attempts to use, or displays in a threatening manner, a firearm or rifle in the course or furtherance of any violent felony offense.

This additional term would carry a mandatory sentence that may not be suspended nor discounted to probation.

Justification

There is little question that the proliferation and use of handguns and rifles in criminal attacks has led to a vast increase in the level of violence and harm to the citizens of New York.

New York, as a state, should declare as a matter of public policy, as have other states, that the use of such firearms to further a violent felony offense, is in itself so abhorrent, dangerous and harmful, that such an act should constitute a separate criminal offense.

If convicted of this separate, additional crime, such offense should not be permitted to be merged into any other offense by way of a concurrent sentence imposed by the court. Furthermore, such sentence should be mandatory and, therefore, probation and suspended sentences should not be permissible.

This bill would add these important changes into law.

Prior legislative history

2008 - S.1943 Referred to Codes Committee

Fiscal implications

None noted.

Effective date

This act would take effect the first of September next succeeding the date on which it shall become a law.