Enacts the Gun Trafficking Prevention Act

BILL NUMBER:S1810A

Title of bill

An act to amend the penal law, in relation to the prohi- bition of illegal gun trafficking, criminal possession of a weapon by a minor and criminal use of a weapon by a minor, failure to report a lost or stolen firearm, and fines for gun trafficking; and to amend the education law, in relation to the eligibility for tuition awards to students on probation or parole for weapons convictions

Purpose or general idea of bill

To enact several measures to curb ille- gal use and distribution of a weapon.

Summary of specific provisions

Section 1 of the bill establishes the short title as the "gun Traffick- ing Prevention Act."

Section 2 of the bill amends the penal law by adding a new section 265.50. This section defines illegal gun trafficking and sets the penal- ty for illegal gun trafficking as a class B felony.

Section 3 of the bill adds two new sections, 265.18 and 265.18-a, to the penal law. These sections define criminal possession of a weapon by a minor and criminal use of a weapon by a minor. Criminal possession of a minor is a class D felony and criminal use of a weapon by a minor is a class C felony.

Section 4 of the bill amends subdivisions 4 and 5 of section 60.05 of the penal law to provide that the offenses listed in sections 2 and 3 of the bill are punishable by a sentence of imprisonment in accordance with section 70.00 of the penal law.

Section 5 of the bill amends the penal law by adding section 265.27. This section defines the crime of failure to report a lost or stolen firearm. An intentional failure to make a report is a class A misdemea- nor.

Section 6 of the bill amends paragraph d of subdivision 6 of section 661 of the education law. This section states that: no student who has been convicted of any weapons possession, transport or sale will be eligible to apply for tuition awards for the next succeeding academic semester.

Section 7 of the bill amends paragraph c of subdivision 1 of section 80.00 of the penal law, as amended by chapter 336 of the laws of 1989, for the purpose of adding the new offenses created in this bill to the current penal law.

Section 8 of the bill sets forth the effective date.

Justification

This legislation combines-several measures that will help law enforcement officials decrease gun violence. These measures increase

penalties for: criminal possession of a weapon by a minor, criminal use of a weapon by a minor and failure to report a lost or stolen firearm, as well as allowing for a temporary suspension of tuition awards for students that have been sentenced for gun crimes. with these measures, law enforcement and communities will be better able to combat gun violence.

Prior legislative history

2010: A.10069 (Benjamin) - Codes Provisions in this legislation can be found in A.2938, A.2940, A.3061 and A.9864.

Fiscal implications

Undetermined.

Effective date

This act shall take effect immediately, provided that: a. sections two, three and five of this act shall take effect on the first of November next succeeding the date on which it shall have become a law; b. sections four and seven of this act shall take effect on the one hundred twentieth day after it shall have become a law; and c. section six of this act shall apply to tuition awards for the 2013-2014 academic year And all subsequent academic years.