What's happening
This bill expands criminal liability for those who help others acquire firearms used in class A felonies, even if the principal actor is acquitted.
Why it matters
Broadens criminal liability to include anyone who helps, even indirectly, another person acquire a gun later used in a class A felony. this could include sellers, friends, or intermediaries, and doesn't require direct evidence of intent to commit the felony, just knowledge or suspicion it could occur.
Allows prosecution of facilitators even if the main perpetrator is acquitted. meaning someone could be convicted for their role in enabling the crime, regardless of whether the primary actor is found guilty, increasing risks for those who assist with firearm access.
Targets a wide range of firearms (automatic weapons, shotguns, handguns, revolvers). and implicates anyone who knowingly aids in their acquisition, potentially raising legal exposure for gun sellers, private sellers, or others involved in transfers where a subsequent class A felony is committed.
Could serve as a deterrent against “straw purchasing” and negligent gun transfers. by creating strong legal consequences for those who turn a blind eye to possible criminal use, thus encouraging more scrutiny and responsibility in firearm transactions.
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Who cares
Headline styles
Punish Gun Crime Enablers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5493
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
Introduced by M. of A. WEPRIN, SEAWRIGHT -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the criminal facilitation of crimes involving firearms
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 115.08 of the penal law, as added by chapter 422 of the laws of 1978, is amended to read as follows: § 115.08 Criminal facilitation in the first degree.
A person is guilty of criminal facilitation in the first degree when[,]:
1. believing it probable that he or she is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a class A felony, he or she, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such a class A felony; or
2. by implication of the act, such person assists, makes available, facilitates and/or provides an opportunity for a principal actor to acquire an automatic weapon, shotgun, handgun or revolver, with which a class A felony is performed by such principal actor.
Criminal facilitation in the first degree is a class B felony.
§ 2. The opening paragraph of section 20.00 of the penal law is designated subdivision 1 and a new subdivision 2 is added to read as follows:
2. A person who, by implication, knowingly suspects that a crime may be committed if the person solicits, requests, commands, importunes, intentionally aids or facilitates the acquisition of an automatic weapon, shotgun, handgun or revolver which is then used by a principal actor to commit a class A felony, shall be criminally liable for the commission of the offense, as if the person were the principal actor. Such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09495-01-7
A. 5493 2
person, by aiding and abetting in the commission of the crime shall be prosecuted even if the principal actor is acquitted.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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.