Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor

1 Co-sponsor

• Craig M. Johnson

Title of bill

An act to amend the penal law, in relation to firearms

Purpose or general idea of bill

Creates two new crimes of aggravated sale of a firearm and aggravated sale of a firearm to a minor.

Summary of specific provisions

Section one of the bill sets out two new crimes: aggravated sale of a firearm and aggravated sale of a firearm to a minor. An individual is guilty of a class "D" felony when he or she: a) knowingly and unlawfully; b) sells, exchanges, gives or disposes of a firearm to a person; c) which he or she knows has been either used in the commission of a felony offenses, has been stolen from its lawful owner, or has been defaced. A person is guilty of a class "C" felony, aggravated sale of a firearm to a minor, when being over the age of eighteen (18), he or she, commits the crime of aggravated sale of a firearm to a person who is, or reasonably appears to be less than eighteen years (18). Section two specifies the bill's effective date.

Justification

This bill targets individuals who traffic in firearms that have been previously been used in the commission of a felony offense or stolen from their lawful owners or defaced to prevent them from being traced. Traffic in these "crime guns" is a particularly pernicious type of criminal conduct which plagues many communities of our state. Often, these weapons are passed between many hands, from hardened felons to young gang initiates and are used to wreck bloody havoc on our streets. Secreted in and around stash houses, drug spots, and gang outposts, these weapons are kept hidden but accessible. The traffickers are driven to dispose of guns after they have been used in crimes. In Albany last year, a young girl, at play, was struck down and killed when a boy of fifteen fired a community gun at other teens not known by him. In a notorious Bronx case, a high school student, walking home, was seriously injured by a stray shot when a young gang member fired at a rival.

Cases such as these and many other tragedies highlight the need for solutions to these gun problems. With these new crime fighting tools law enforcement and communities will be better able to contain this mindless violence and prevent future tragedies.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

The first of November next succeeding the date on which it shall have become law.