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S1407Senate2011-2012 SessionSame asA5904

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

Sponsor Martin J. GoldenSD-22+11 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 55–3
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.265
  7. Print number 1407b
  8. Amend and recommit to codes
  9. Referred to codes
  10. Returned to senate
  11. Died in assembly
  12. Referred to codes
Show 7 earlier actions
  1. Delivered to assembly
  2. Passed senateVote 59–3
  3. Amended on third reading 1407a
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.265
  7. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5904Assembly

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

In Assembly Committee · Codes · Sponsor Brian Kavanagh

Full text

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

Sponsor's memo

BILL NUMBER:S1407B

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 constitutionally 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 terrorize 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 commission of a crime unthinkable.

Legislative history

S.2110 of 2010 - Referred to Codes

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.