Increases penalties for offenses involving the criminal possession of a firearm, rifle, shotgun, or machine-gun

Title of bill

An act to amend the penal law and the criminal procedure law, in relation to offenses involving the criminal possession of a firearm, rifle, shotgun, or machine-gun and increasing the penalties therefor, restricting the ability to plea to lesser offenses, and providing for mandatory minimum sentences of imprisonment

Purpose/summary of provisions

This bill would create a new category of the Penal Law called criminal possession of a firearm, rifle, shotgun or machine-gun. When a person is guilty of such possession while in the course of committing or attempting to commit a violent felony, they would be charged with a felony and receive the requisite punishment by degree in addition to the penalty received upon conviction for the first crime. This bill provides for consecutive sentencing for those so convicted. Sections 1 and 2 of this bill amend the Penal Law by adding four new sections, 70.16, 265.45, 265.50 and 265.55. These define the crime or criminal possession of a firearm and the requisite sentences. Simple possession of a firearm constitutes third-degree possession (Class C felony, not less than ten years), possession that involves physical injury constitutes second-degree possession (Class B felony, not less than fifteen years), possession involving death constitutes first degree possession (Class A-II felony, not less than twenty-five years).

Section 3 of the bill amends Subdivision 1 of Section 70.25 of the Penal Law to except the provisions of a new Subdivision 6 (created in Section 5) from this subdivision.

Section 4 amends Subdivision 2 of Section 70.25 of the Penal Law to exempt the three new sections created in Section 1 from this Subdivision, dealing with multiple sentences.

Section 5 amends Section 70.25 of the Penal Law by creating a new Subdivision 6 by providing that when a person is convicted of a criminal possession of a firearm AND any other crime, such sentences shall run consecutively.

Section 6 amends Subdivision 5 of Section 220.10 of the Criminal Procedure Law to provide that in the event of a plea of guilty to a violent felony must include at least a plea of guilty to a Class A-II felony.

Justification

With the rate of violent crime soaring, this bill would deter violent felonies which in any way involve firearms. The criminal not only would face the requisite penalties for the actual act committed, but also stringent penalties for the possession of the weapon.

Fiscal implications

None.

Effective date

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