What's happening
This bill creates the crime of firing a gun into a crowded space, making it a class B felony with a minimum 20-year sentence.
Why it matters
Targets a specific, dangerous behavior. By making it a distinct crime to fire a gun into any space with three or more people, the bill directly addresses mass shooting scenarios and attempts to deter reckless gun use in crowded public or private areas.
Covers both intent and recklessness. The law applies whether the shooter intends to harm or simply acts with “wanton or reckless” disregard for human life, closing a potential loophole where lack of intent to harm could have led to lesser charges.
Sets a high minimum sentence. With a mandatory minimum of 20 years, the law treats this crime as among the most serious violent felonies, signaling to the public and would-be offenders that New York will impose severe penalties for this type of endangerment.
Defines “crowded space” broadly. The threshold for a “crowded space” is as few as three people, meaning the law applies to a wide range of locations—bars, schools, parties, or even small gatherings—potentially increasing its impact and scope.
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Who cares
Headline styles
Ban Firing Into Crowds
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
1 Multi-sponsor
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Firing Into Crowds
In Senate Committee · Codes · Sponsor Joseph E. Robach
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6055
2019-2020 Regular Sessions
IN ASSEMBLY
February 26, 2019
Introduced by M. of A. LAWRENCE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of criminal use of weapons; firing into a crowded space
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 189 of the laws of 2018, is amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; criminal use of weapons; firing into a crowded space as defined in section 265.34; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34, sex trafficking of a child as defined in section 230.34-a, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05207-01-9
A. 6055 2
police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47.
§ 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law, as amended by chapter 765 of the laws of 2005, is amended to read as follows:
(a) For a class B felony, the term must be at least five years and must not exceed twenty-five years, provided, however, that the term must be: (i) at least ten years and must not exceed thirty years where the sentence is for the crime of aggravated assault upon a police officer or peace officer as defined in section 120.11 of this chapter; [and] (ii) at least ten years and must not exceed thirty years where the sentence is for the crime of aggravated manslaughter in the first degree as defined in section 125.22 of this chapter; and (iii) at least twenty years where the sentence is for the crime of criminal use of weapons; firing into a crowded space as defined in section 265.34 of this chapter;
§ 3. The penal law is amended by adding a new section 265.34 to read as follows: § 265.34 Criminal use of weapons; firing into a crowded space.
A person is guilty of criminal use of weapons; firing into a crowded space when, being eighteen years old or older, with intent to cause physical injury to another person, he or she fires a firearm into a crowded space with the intent to harm or absent the intent to harm when such an act creates a great risk of death to one or more people within the crowded space.
(i) For the purposes of this paragraph, "crowded space" shall mean a space consisting of three or more people within one general or specific area.
(ii) For the purposes of this paragraph, "great risk" shall mean consisting of wanton or reckless behavior that evinces depraved indifference to human life within such crowded space.
Criminal use of weapons; firing into a crowded space is a class B felony.
§ 4. 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.