Relates to increasing penalties for the criminal sale of firearms

Summary of specific provisions

Section 1 amends section 265.13 of the penal law to increase the penalty for criminal sale of a firearm in the first degree from a class B felony to a class A felony.

Subsection 2 amends section 265.12 of the penal law to increase the penalty for criminal sale of a firearm in the second degree from a class C felony to a class B felony.

Subsection 3(a) includes the criminal sale of a firearm in the second degree (265.12), the criminal sale of a firearm with the aid of a minor (265.14), and the criminal sale of a firearm to a minor (265.16) as class B violent felonies, as listed in paragraph (a) of subdivision I of section 70.02 of the penal law.

Subsection 4 amends section 265.11 of the penal law to increase the penalty for the criminal sale of a firearm in the third degree from a class D felony to a class C felony.

Subsection 5 (b) classifies the criminal sale of firearms in the third degree (265.11) as class C violent felonies, as defined in paragraph (b) of subdivision 1 of section 70.02 of the penal law.

Subsection 6 amends section 265.16 of the penal law to increase the penalty for the criminal sale of a firearm to a minor from a class C felony to a class B felony.

Subsection 7 amends section 265.14 of the penal law to increase the penalty for the criminal sale of a firearm with the aid of minor from a class C felony to a class B felony.

Effects of present law which this bill would alter

The current law does not include penalties harsh enough to effectively deter the criminal sale of firearms.

This bill would amend the current law so that those who participate in the criminal sale of firearms will face more stringent penalties, thus deterring them from selling firearms. As a result, the number of crimes that include the use of an illegal firearm will decrease significantly.

Justification

The criminal sale of firearms consistently threatens the safety of our streets by placing weapons in the hands of individuals who would otherwise be denied access. Unfortunately, in New York State, the

statistics relating to illegal firearms are surprisingly high. The Albany Times Union (2004) reported that there were over 16,000 weapons seized in New York State in 2003; however, there were only 57 individuals charged with the criminal sale of a firearm. This is unacceptable.

There have been a total of eleven NYPD officers shot since June 2005; two of these officers were killed. In a recent incident, the men that attacked one of New York City's bravest were charged with the criminal possession of a weapon. In order to ensure the safety of all New Yorkers, in the wake of these tragic violent crimes, the New York State Legislature must pass legislation that aids in deterring these violent crimes. One imperative step in this process is ensuring that the number of New Yorkers who illegally possess a firearm decrease. This can be accomplished by increasing penalties for those who illegally sell firearms; therefore, taking some of these individuals off the streets and deterring others from making illegal sales.

Legislative history

S.3114 of 2007 02/23/07 S.109 of 2009 01/07/09 Referred to Codes 01/06/10 Referred to Codes

Fiscal implications for state and local governments

None.

Effective date

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