What's happening
This bill creates new felony offenses for knowingly selling, giving, or disposing of certain illegal firearms, especially to minors.
Why it matters
Targets the supply of crime-linked firearms. By criminalizing the knowing transfer of guns that have been used in felonies, are stolen, or have had identifying marks defaced, the bill aims to disrupt the pipeline of illegal firearms fueling violent crime.
Increases penalties for supplying guns to minors. The creation of a higher-grade felony for adults who knowingly provide such firearms to minors reflects a legislative focus on preventing youth access to particularly dangerous or criminally tainted weapons.
Expands the list of violent felony offenses. Including these new firearm transfer crimes in the state’s categorization of violent felonies means offenders will face harsher sentences, mandatory prison time, and reduced eligibility for parole—adding significant deterrence.
Shifts legal risks onto firearm sellers and intermediaries. The bill places a legal obligation on individuals to be aware of a firearm’s history before transfer, potentially increasing due diligence and reducing reckless or complicit sales.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Tougher Penalties for Gun Sales
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4895
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sens. DIAZ, AVELLA, LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to firearms
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding two new sections 265.50 and 265.55 to read as follows: § 265.50 Aggravated sale of a firearm.
A person is guilty of aggravated sale of a firearm when such person knowingly and unlawfully sells, exchanges, gives or disposes of a firearm to a person which he or she knows has been:
1. used in the commission of a felony offense;
2. stolen from its lawful owner; or
3. defaced as defined by subdivision seven of section 265.00 of this article.
Aggravated sale of a firearm is a class D felony. § 265.55 Aggravated sale of a firearm to a minor.
A person over the age of eighteen is guilty of aggravated sale of a firearm to a minor when such person knowingly and unlawfully sells, exchanges, gives or disposes of a firearm to a person who is, or who the defendant believes to be less than eighteen years of age, which he or she knows has been:
1. used in the commission of a felony offense;
2. stolen from its lawful owner; or
3. defaced as defined by subdivision seven of section 265.00 of this article.
Aggravated sale of a firearm to a minor is a class C felony.
§ 2. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the penal law, paragraph (b) as amended by chapter 1 of the laws of 2013 and paragraph (c) as amended by chapter 368 of the laws of 2015, are amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07290-01-7
S. 4895 2
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, aggravated sale of a firearm to a minor as defined in section 265.55, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
(c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, menacing a police officer or peace officer as defined in section 120.18, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdivision three of section 135.35, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven, eight, nine or ten of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, aggravated sale of a firearm as described in section 265.50, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18.
§ 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to firearms
Purpose or general idea of bill
Creates two new crimes of aggravated sale of a firearm and aggravated sale of a firearm to a minor.
Summary of specific provisions
Section 1. Amends the Penal Law by adding two new sections, 265.50 and 265.55. Section 265.50 provides that an individual is guilty of a class "D" felony, aggravated sale of a firearm, when he or she knowingly and unlawfully sells, exchanges, gives or disposes of a firearm, which he or she knows has been either used in the commission of a felony offense, has been stolen from its lawful owner, or has been defaced. Section 265.55 states that a person is guilty of a class "C" felony, aggravated sale of a firearm to a minor, when being over the age of eighteen (18), he or she, commits the crime of aggravated sale of a firearm to a person who the defendant believes to be less than eighteen years (18).
Section 2. Amends the Penal Law, Section 70.02, subdivision 1, paragraphs (b) and (c). Adds aggravated sale of a firearm to minor as a class C violent felony offense and aggravated sale of a firearm as a class D violent felony offense.
Section 3. Effective Date
Existing law
None.
Justification
This bill targets individuals who intentionally sell firearms to persons whom the seller believes to be under eighteen years (18) of age and individuals who traffic in firearms that have previously been used in the commission of a felony offense or stolen from their lawful owners or defaced to prevent them from being traced. Traffic in these "crime guns" is a particularly pernicious type of criminal conduct, which plagues many communities of our state.
Prior legislative history
2016: 5.482- REFERRED TO CODES 2015: S.482- REFERRED TO CODES 2014: S.145A - Referred to Codes 2013: S.145A - Amend and Recommit to Codes 2012: S.558-B - Amend and Recommit to Crime Victims, Crime and Corrections/A.1644- B - Advanced to Third Reading 2011: 5.558 - Discharged from Codes and Committed to Crime Victims, Crime and Correction/A.1644 - Advanced to Third Reading Calendar 2010: S.7680 - Passed Senate/A.10910 - Advanced to Third Reading
Fiscal implications
None
Effective date
The first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.