What's happening
This bill expands criminal facilitation laws to include aiding the acquisition of firearms used in class A felonies and increases liability for such assistance.
Why it matters
Broadens criminal liability to include anyone who assists or enables another person to acquire firearms. even if not directly handing over a gun, actions that “facilitate” access (such as making weapons available) are now considered first-degree criminal facilitation if the gun is used in a class A felony.
Expands the definition of a criminal facilitator. to include individuals who “knowingly suspect” their assistance may lead to a crime, covering a wider range of conduct and intentions than before—potentially making it easier for prosecutors to charge those indirectly involved.
Holds facilitators equally responsible as the main perpetrator. (“principal actor”) if the firearm they helped someone obtain is used in a class A felony, and allows prosecution even if the primary offender is acquitted, significantly increasing the legal risk for enablers.
Aims to deter straw purchasing and third-party gun transfers. , making individuals think twice about helping someone acquire a gun if there’s any suspicion it could be used for a serious crime, thus potentially reducing access to firearms for would-be offenders.
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 Helpers
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
3931
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
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.
LBD08432-01-9
A. 3931 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.