Relates to the offenses of criminal possession of a weapon in the third and fourth degrees

BILL NUMBER:S2919

Title of bill

An act to amend the penal law, in relation to criminal possession of a weapon

Purpose or general idea of bill

To provide stronger penalties for an individual being found guilty of criminal possession of a weapon.

Summary of specific provisions

Section 1. Section 265.01 of the penal law is amended by removing four subsections (4, 6, 7 and 8) whereby a person can be found guilty of criminal possession of a weapon in the fourth degree, which currently is a class A misdemeanor.

Section 2. Incorporates those same subsections (4,6,7, and 8) which were removed from section 265.01 of the penal law and places them into Section 265.02 of the penal law which deals with criminal possession of a weapon in the third degree, the penalty of which is a class D felony.

Section 2 of the bill also amends section 265.02 of the penal law to state that a person is guilty of criminal possession of a weapon in the third degree if such person possess a firearm and has been previously convicted of a felony regardless if the felony conviction occurred with- in the preceding five years.

Section 3. Makes technical corrections to paragraph 5 of subdivision a of section 265.20 of the penal law.

Section 4. Effective Date

Justification

In the light of the recent tragedies that have plagued the nation, it is imperative that we enact sensible gun laws.The recent- ly enacted NY SAFE Act will do much to better protect the hard working men and women of this state from senseless gun violence. This legis- lation furthers that effort by increasing penalties for other various gun related offenses.

Convicted felons are routinely found in possession of various types of firearms, however under current law the offense is only punishable by a class A misdemeanor. This legislation increases that penalty to a class D felony.

Additionally, if a person possesses a firearm and has been previously convicted of a felony, he or she can only then be convicted of a class D felony if the offense occurred within the preceding five years. This five year look back period should be removed and would be consistent with other look back provisions that have been removed pertaining to cases involving domestic violence, child abuse and sex crimes.

There are other provisions of the penal law pertaining to criminal possession of a firearm that need to be strengthened as well. If a Person knowingly possesses a bullet containing an explosive substance designed to detonate on impact, or if a person possesses any armor piercing ammunition with the intent to use it unlawfully, they both only carry the offense of a class A misdemeanor. Increasing the penalty for these offenses to a class D felony is more appropriate.

Finally, under current law if a person has been certified not suitable to possess a rifle or shotgun and refuses to yield possession of such rifle or shotgun upon the demand of a police officer, he or she can only be charged with a class A misdemeanor. This legislation increases it to a class D felony.

Providing harsher penalties for various gun related offenses will not only make our streets safer, but will also provide law enforcement with the tools necessary to better protect the public.

Prior legislative history

This is a new bill.

Fiscal implications

None to the State.

Effective date

90th day with provisions.