What's happening
This bill prohibits individuals adjudicated as youthful offenders for certain offenses from possessing rifles or shotguns unless granted relief.
Why it matters
Targets Youthful Offenders of Serious Crimes. The bill specifically restricts rifle and shotgun possession for individuals adjudicated as youthful offenders for crimes listed under Article 125 (primarily homicide-related offenses), addressing concerns around gun access for those involved in serious violent acts even if tried as youths.
Limits Automatic Restoration of Rights. Unlike most youthful offender adjudications, which typically avoid long-term collateral consequences, this law creates a lasting restriction that remains unless the individual receives a formal certificate of relief from disabilities, making it harder for some to regain gun rights.
Aligns Youthful Offender Treatment with Adult Consequences for Firearms. By tying firearm restrictions for certain youthful offenders to those faced by adults, the bill signals a policy shift prioritizing public safety over the traditional rehabilitative focus for youthful offenders in the context of gun ownership.
Introduces a Relief Mechanism. The inclusion of a pathway (certificate of relief from disabilities) allows for individualized review, offering a balance between blanket prohibition and possible rehabilitation or reformed behavior, but placing the burden on the individual to prove eligibility for restored rights.
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Who cares
Headline styles
Ban Guns for Youthful Offenders
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3391
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. BARCLAY, FINCH, HAWLEY, MALLIOTAKIS, McDONOUGH, MONTESANO, OAKS, WALTER -- Multi-Sponsored by -- M. of A. ABINANTI, ARROYO, BUTLER, COLTON, GOODELL, KOLB -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting individuals adjudicated as youthful offenders from possessing certain weapons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as "Nikki's law".
§ 2. Section 265.01 of the penal law is amended by adding a new subdivision 4-a to read as follows:
(4-a) He possesses a rifle or shotgun and has been adjudicated as a youthful offender on or after the effective date of the chapter of the laws of two thousand seventeen which added this subdivision for any offense listed under article one hundred twenty-five of this chapter unless such person has been granted a certificate of relief from disabilities pursuant to article twenty-three of the correction law; or
§ 3. Subdivision 1 of section 400.00 of the penal law is amended by adding a new paragraph (c-1) to read as follows:
(c-1) who has not been adjudicated as a youthful offender on or after the effective date of the chapter of the laws of two thousand seventeen which added this paragraph for any offense listed under article one hundred twenty-five of this chapter unless such person has been granted a certificate of relief from disabilities pursuant to article twentythree of the correction law;
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05373-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.