Directs the division of criminal justice services to study and report on laws, rules and regulations relating to air guns

1 Co-sponsor

• Kevin S. Parker

BILL NUMBER:S1711

Title of bill

An act to direct the division of criminal justice services to study, review and report, to the governor and the legislature, on the laws, rules and regulations relating to air rifles, air pistols and other non-powder guns

Purpose or general idea of bill

This bill addresses the need to reassess New York laws, regulations and policies regarding non-powder weapons in light of changing technology.

Summary of provisions

Bill section 1 sets forth legislative findings regarding recent advances in technologies associated with air rifles, air pistols and other non-powder guns, that have resulted in the emergence of air guns that can approach the velocity and force of weapons using gunpowder. The development of more powerful and accurate air guns necessitates a reassessment of whether our laws, regulations and policies in this area adequately ensure that the public interest is served.

Bill section 2 directs the Division of Criminal Justice Services (DCJS) to review (a) current and anticipated developments in non-powder gun technologies, (b) current New York laws, regulations and policies and (c) recent developments in the statutes, regulations and policies of other jurisdictions, and to report to the Governor and the Legislature on the extent to which the laws, regulations and policies currently in effect in this State serve the public interest. DCJS shall make such recommendations as it deems appropriate for changes in such laws, regulations and policies. In conducting its review, DCJS shall consult with the Department of Environmental Conservation, the State Police, the Office of Homeland Security and other appropriate state and local agencies and officers, and shall solicit input from the public.

Bill section 3 provides that DCJS shall submit its report to the Governor and the Legislature within one year after the bill's effective date.

Justification

Advances in technology have increased the velocity, power and accuracy of non-powder guns to the point where their performance approaches that of firearms using gun-powder. An increasing variety of hunting rifles and pistols are currently available on the market (including large-bore .40 and .50 caliber rifles, recently legalized for deer hunting in Missouri). These developments have caused other jurisdictions to reevaluate the manner in which non-powder guns are treated in their laws, regulations and policies.

Many of New York's current laws, regulations and policies were established during an era when non-powder guns were often regarded more as toys than weapons. Outside of New York City, there are few restrictions on the sale, possession or use of non-powder guns by persons over the age of fifteen.

For instance, discharging a gun at an aircraft, train or other vehicle is a Class E felony, but only if the propelling force is gunpowder. Even where non-powder guns are regulated, the law can treat offenses much more leniently. For example, possessing a firearm on the grounds of a school or college is a Class A misdemeanor, while possessing a .50 caliber air rifle would be a mere violation.

It is timely for New York State to reassess how larger and more powerful non-powder guns should be treated in our laws, regulations and policies. . This bill would permit policymakers to be guided by a considered review of the issues involved.

Prior legislative history

S.6911 of 2009 02/24/10 REFERRED TO CODES 04/20/10 REPORTED AND COMMITTED TO FINANCE 06/15/10 REPORTED AND COMMITTED TO RULES

Fiscal implications

None.

Effective date

Immediately.