Relates to firearms; repealer

Title of bill

An act to amend the penal law, in relation to firearms; and to repeal section 15 of chapter 635 of the laws of 1999, enacting the clinic access and anti-stalking act, in relation to stalking

Purpose

This bill would add certain crimes to the definition of "serious offense" so as to preclude possession of long guns by persons convicted of those offenses.

Summary of provisions

Section 1 of the bill amends the definition of "serious offense" in Penal Law §265.00(17) to add the offenses of Menacing in the Second Degree and an attempt to commit another serious offense.

Section 2 of the bill is a purely technical correction to harmonize amendments to the same provision that is the subject of this departmental bill. That provision, Penal Law §265.00(17), had been amended by a law with two different sections that were substantively the same but different in word order (L.1999, ch. 635, §§ 11, 15), and this bill therefore repeals the latter of those conflicting sections.

Section 3 of the bill provides that it shall take effect thirty days following enactment.

Existing law

Under Penal Law §265.01(4), it is a misdemeanor for a person who has been convicted of a felony for a "serious offense" to possess a rifle or shotgun. The definition of "serious offense" does not include Menacing in the Second Degree, nor does it include an attempt to commit one of the listed serious offenses. Penal Law §265.00(17)(b).

Legislative history

This is a new bill.

Statement in support

If someone commits a "serious offense" as defined in Penal Law §265.00, he or she may not possess a rifle or shotgun. The defined serious offenses, however, currently do not include Menacing in the Second Degree, nor an attempt to commit a designated serious offense. There are different ways of committing the crime of Menacing in the Second Degree. One way is when a person intentionally places another person in reasonable fear of physical injury by displaying a deadly weapon. The other ways of committing the crime are comparable in seriousness of the threat to the victim. Thus this is exactly the kind of offense for which conviction should preclude possession of a rifle or shotgun. Moreover, if someone attempts to commit a serious offense, he or she has demonstrated a dangerous potential similar to that of someone who actually completes the offense, and should be subject to the same restriction as to possession of long guns.

Budget implications

None.

Effective date

This bill would become effective thirty days following enactment.