What's happening
This bill raises the minimum age from 16 to 18 for possession and sale of certain weapons, including air guns, in New York.
Why it matters
Expands legal restrictions on weapon possession. By raising the minimum age to 18, this bill would prevent 16- and 17-year-olds from lawfully possessing or being sold air guns, spring guns, certain ammunition, and dangerous knives, which were previously accessible to them.
Impacts youth access and potential juvenile justice cases. More teenagers could be classified as juvenile delinquents if found in possession of these weapons, potentially increasing the number of youth entering the juvenile justice system.
Affects retailers and enforcement. Businesses selling air guns and related items must update in-store signage and sales policies to reflect the higher age requirement, which could reduce youth sales and require more diligent age verification.
Maintains exceptions for licensed hunting. The bill preserves exceptions for 16- and 17-year-olds with valid hunting licenses, meaning the main impact falls on non-hunting possession and use, balancing public safety concerns with hunting traditions.
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Who cares
16- and 17-year-olds
The bill would extend the weapons-possession prohibition and juvenile delinquency consequence to 16-year-olds on October 1, 2018, and 17-year-olds on October 1, 2019.
Weapons retailers and other transferors
Transferring weapons covered by section 265.05 to people under 17, and later under 18, would become a class A misdemeanor.
Air rifle and air gun retailers
Stores would have to update their required posted notices to reflect the higher age limits.
Young licensed hunters
The bill would retain the exception for possession of rifles, shotguns and their ammunition under a hunting license or permit and in accordance with environmental conservation law.
Headline styles
Raise Weapon Possession Age
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8156
IN SENATE
April 11, 2018
Introduced by Sen. BOYLE -- 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 possession of weapons by certain persons; and to amend the general business law, in relation to making technical corrections thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 265.05 of the penal law, as amended by chapter 56 of the laws of 1985, is amended to read as follows: § 265.05 Unlawful possession of weapons by persons under [sixteen]
seventeen.
It shall be unlawful for any person under the age of [sixteen] seventeen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued pursuant to article eleven of the environmental conservation law and used in accordance with said law shall not be governed by this section.
A person who violates the provisions of this section shall be adjudged a juvenile delinquent.
§ 1-a. Section 265.05 of the penal law, as amended by section one of this act, is amended to read as follows: § 265.05 Unlawful possession of weapons by persons under [seventeen]
eighteen.
It shall be unlawful for any person under the age of [seventeen] eighteen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14813-02-8
S. 8156 2
pursuant to article eleven of the environmental conservation law and used in accordance with said law shall not be governed by this section.
A person who violates the provisions of this section shall be adjudged a juvenile delinquent.
§ 2. Subdivision 5 of section 265.10 of the penal law, as amended by chapter 189 of the laws of 2000, is amended to read as follows:
5. Any person who disposes of any of the weapons, instruments, appliances or substances specified in section 265.05 to any other person under the age of [sixteen] seventeen years is guilty of a class A misdemeanor.
§ 2-a. Subdivision 5 of section 265.10 of the penal law, as amended by section two of this act, is amended to read as follows:
5. Any person who disposes of any of the weapons, instruments, appliances or substances specified in section 265.05 to any other person under the age of [seventeen] eighteen years is guilty of a class A misdemeanor.
§ 3. Subdivision 1 of section 399-s of the general business law, as added by chapter 313 of the laws of 1989, is amended to read as follows:
1. In each mercantile establishment in this state where air rifles or air guns are sold, a notice must be posted in a conspicuous place, and in close proximity to any air rifle or air gun displayed for sale, that in legible format states: "Except under supervision at a shooting range or for hunting pursuant to license, Section 265.05 of the New York State Penal Law makes it unlawful for any person under the age of [sixteen] seventeen years to possess an air rifle or air gun."
§ 3-a. Subdivision 1 of section 399-s of the general business law, as amended by section three of this act, is amended to read as follows:
1. In each mercantile establishment in this state where air rifles or air guns are sold, a notice must be posted in a conspicuous place, and in close proximity to any air rifle or air gun displayed for sale, that in legible format states: "Except under supervision at a shooting range or for hunting pursuant to license, Section 265.05 of the New York State Penal Law makes it unlawful for any person under the age of [seventeen] eighteen years to possess an air rifle or air gun."
§ 4. This act shall take effect October 1, 2018; provided, however, sections one-a, two-a, and three-a of this act shall take effect October 1, 2019.
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 possession of weapons by certain persons; and to amend the general busi- ness law, in relation to making technical corrections thereto
Purpose or general idea of bill
This legislation would provide parity under the law for 17 and 18 year olds who unlawfully possess a weapon.
Summary of specific provisions
Section 1. Amends section 265.05 of the penal law for unlawful possession of weapons by persons under 17.
Section 1-a. Amends section 265.05 of the penal law for unlawful possession of weapons by persons under 18.
Section 2. Amends section 265.10 of the penal law specifying that anyone who disposes of a weapon as listed in 265.05 to any person under 17 is guilty of a class A misdemeanor
Section 2-a. Amends section 265.10 of the penal law specifying that anyone who disposes of a weapon as listed in 265.05 to any person under 18 is guilty of a class A misdemeanor
Section 3 & 3-a. Amends the general business law to comply with the age changes as specified in the amended 265.05 regarding notification in stores where these air guns are sold
Section 4. Effective Date
Justification
Current law prohibits unlawful possession of a weapon by persons under 16. A person who violates this law is classified as a juvenile delin- quent under section 265.05 of the penal law. Last year, New York passed "Raise the Age" which would treat all individuals under 18 as juvenile delinquents. Once "Raise the Age" goes into effect, this law will still be limited to those under 16. This legislation would provide parity and bring this section of law and other relevant sections into lockstep with the "Raise the Age" implementation.
When "Raise the Age" goes into effect for 16 year olds on October 1, 2018, this law will simultaneously raise the age of this section to unlawful possession of a weapon by persons under 17. When "Raise the Age" goes into effect for 17 year olds on October 1, 2019, this law will simultaneously raise the age of this section to unlawful possession of a weapon by persons under 18.
Prior legislative history
New Bill.
Fiscal implications
None to the state.
Effective date
Sections 1, 2, 3 shall be effective October 1, 2018 and sections 1-a, 2-a, 3a shall be effective October 1, 2019.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.