Creates the offense of operating as a major firearms trafficker

Title of bill

An act to amend the penal law, in relation to creating the offense of operating as a major firearms trafficker

Purpose or general idea of bill

To enhance criminal penalties for major firearm traffickers

Summary of specific provisions

Section 1 of the bill establishes the new criminal offense of operating as a major firearms trafficker, as an A-1 felony. A person is guilty of this offense if such person unlawfully sells, exchanges, gives or disposes of to another person at least twenty firearms within a one year period. A person would also be guilty of this offense if such person unlawfully possesses with intent to sell at least twenty firearms.

Section 2 of the bill provides that this Act shall take effect immediately.

Justification

On April 26, 2016, New York County District Attorney Cy Vance and NYPD Commissioner Bill Bratton announced a major trafficking bust of six criminal defendants who tried selling more than 80 firearms in 26 separate transactions. Under existing law, the highest criminal charge facing these defendants is criminal sale of a firearm in the first degree or criminal possession of a weapon in the first degree, both of which are a class B felony. These felonies apply to sale or possession with intent to sell at least 10 firearms.

This bill would elevate existing criminal penalties for firearm traffickers from a class B felony to a class A-1 felony. To be charged with operating as a major firearms trafficker, the defendant must be selling or possessing with intent to sell at least 20 firearms. Elevated penalties would ensure that these dangerous criminals who are trafficking large quantities of firearms are put behind bars for longer periods of time.

Prior legislative history

New bill.

Fiscal implications

None

Effective date

Immediately