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Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2023
Title of bill
An act to amend the penal law, in relation to increasing penalties for certain crimes relating to firearms, and to repeal section 265.04 of such law, relating to criminal possession of a weapon in the first degree, section 265.08 of such law, relating to criminal use of a firearm in the second degree and 265.13 of such law, relating to crimi- nal sale of a firearm in the first degree
Purpose
To protect our citizens and further deter the criminal use of firearms in our communities, this bill will increase the penalties for offenses involving the possession, use, sale and purchase of firearms.
Summary of specific provisions
Section one amends Penal Law section 265.01 and re-titles criminal possession in the fourth degree to a third degree offense and increases the penalty from a class A misdemeanor to a class E felony.
Section two amends Penal Law section 265.02 and re-titles criminal possession in the third degree to a second degree offense and increases the penalty from a class D felony to a class C felony.
Section three amends Penal Law section 265.03 and re-titles criminal possession in the second degree to a first degree offense and increases the penalty from a class C felony to a class B felony. Incorporates the explosive substance elements of possession originally included in Penal law section 255.04.
Section four repeals Penal Law section 265.04, the previous section for criminal possession of a weapon in the first degree.
Section five repeals Penal law section 265.08, the previous section for criminal use of a weapon in the second degree.
Section six amends Penal Law section 265.05 for criminal use of a firearm, making all criminal use of a firearm in the commission of a class B or C felony, an additional class B felony offense.
Section seven amends Penal Law section 265.11 and re-titles criminal sale of a firearm in the third degree to a second degree offense and increases the Penalty from a class D felony to a class C felony.
Section eight repeals Penal Law section 265.13 the previous section for criminal sale of a weapon in the first degree.
Section nine amends Penal Law section 265.16, increasing the penalty for criminal sale of a firearm to a minor from a C felony to a B felony.
Section ten amends Penal Law section 265.17, increasing the penalty for criminal purchase of a weapon from a class A misdemeanor to a class E felony.
Section eleven sets the effective date as immediately and applying to all offenses committed on or after such date.
Justification
New York continues to struggle with gun violence permeat- ing our neighborhoods and streets. Laws have been put in place to deter the illegal use of guns, and put those who put our citizens at risk by using guns behind bars. By strengthening our existing laws, increasing the penalties to crimes associated with the criminal possession, use, sale, and illegal purchasing of guns and making at minimum the possession of a deadly weapon a felony offense - we will continue to deter and punish those who make our communities less safe.
Legislative history
This is a new bill, similar legislation to increase penalties for use and possession of firearms was introduced as S.6350 (2012).
Fiscal implications
None.
Effective date
This shall take effect immediately and shall apply to offenses committed on and after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.