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

1 Co-sponsor

• Tony Avella

BILL NUMBER:S145A

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 1. Amends the Penal Law by adding two new sections, 265.50 and 265.55. Section 265.50 provides that an individual is guilty of a class D felony, aggravated sale of a firearm, when he or she knowingly and unlawfully sells, exchanges, gives or disposes of a firearm, which he or she knows has been either used in the commission of a felony offense, has been stolen from its lawful owner, or has been defaced. Section 265.55 states that a person is guilty of a class C felony, aggravated sale of a firearm to a minor, when being over the age of eighteen years (18), he or she, commits the crime of aggravated sale of a firearm to a person who the defendant believes to be less than eighteen years (18).

Section 2. Amends the Penal Law, Section 70.02, subdivision 1, para- graphs (b) and (c). Adds aggravated sale of a firearm to minor as a class C violent felony offense and aggravated sale of a firearm as a class D violent felony offense.

Section 3. Effective Date

Existing law

None.

Justification

This bill targets individuals who intentionally sell firearms to persons who the seller believes to be under eighteen years (18) of age and individuals who traffic in firearms that have 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.

Prior legislative history

2013: S. 145-A - Amend and Recommit to Codes 2012: S.558-B - Amend and Recommit to Crime Victims, Crime and Corrections/A.1644- B -Advanced to Third Reading 2011: S.558 - Discharged from Codes and Committed to Crime Victims, Crime and Correction/A.1644 - Advanced to Third Reading Calendar 2010: S.7680 - Passed Senate/A.10910 - Advanced to Third Reading

Fiscal implications

None.

Effective date

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