What's happening
This bill makes it unlawful for anyone under 21 to possess firearms or ammunition, with exceptions for hunting license holders.
Why it matters
Significantly raises the minimum age for firearm and ammunition possession. from 16 to 21, meaning most people under 21 would be prohibited from having guns or ammo, not just those under 16 as previously.
Creates a broad new class of prohibited persons. those aged 16 to 20—potentially affecting college students, young adults living independently, and others who may have previously possessed firearms legally.
Provides a specific exemption for hunting license holders. , ensuring young people with a valid hunting license/permit can still possess rifles, shotguns, or ammunition when used in accordance with hunting laws, but not for other purposes.
Treats violations differently based on age. those under 18 would be processed as juvenile delinquents, while those 18 to 20 would face a legal violation, introducing new legal consequences for young adults.
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Who cares
Headline styles
Bar Under-21s from Firearms
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- 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 Guns for Under-21s
In Assembly Committee · Codes · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2280
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sens. HOYLMAN, SKOUFIS -- 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 establishing the offense of unlawful possession of firearms by persons under twenty-one
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.
It shall be unlawful for any person under the age of sixteen 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.
§ 2. The penal law is amended by adding a new section 265.05-a to read as follows: § 265.05-a Unlawful possession of firearms by persons under twenty-one.
It shall be unlawful for any person under the age of twenty-one to possess any rifle, shotgun, or firearm as defined in section 265.00 of this article, 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, provided that the possession of a rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued pursuant to article eleven of the environmental
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08517-01-9
S. 2280 2
conservation law and used in accordance with said law shall not be governed by this section.
Unlawful possession of firearms by persons under twenty-one is a violation; provided that a person under the age of eighteen who violates the provisions of this section shall be adjudged a juvenile delinquent.
§ 3. The opening paragraph of subdivision a of section 265.20 of the penal law, as amended by section 1 of part FF of chapter 57 of the laws of 2013, is amended to read as follows:
Paragraph (h) of subdivision twenty-two of section 265.00 and sections 265.01, 265.01-a, subdivision one of section 265.01-b, 265.02, 265.03, 265.04, 265.05, 265.05-a, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05 shall not apply to:
§ 4. This act shall take effect immediately.
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 establishing the offense of unlawful possession of firearms by persons under twenty-one
Summary of provisions
Section 1 of the bill removes a provision in section 265.05 of the penal law that establishes the minimum age of certain gun provisions as sixteen.
Section 2 of the bill creates a new section 265.05-a of the penal law that establishes that it shall be unlawful for any person under age twenty-one to posses any rifle, shotgun, or firearm, except for those carrying a hunting license and using the gun in accordance with that license.
Section 3 of the bill adds section 265.05-a to the preexisting list of exceptions as set forth in section 265.20 of the penal law.
Section 4 of the bill is the effective date.
Justification
The school shooting at Marjory Stoneman Douglas High School in Parkland, Florida on February 14, 2018 that left 17 students murdered by 19-year old Nikolas Cruz has brought renewed focus on the ability of Americans to access and use deadly weapons. One area that requires further atten- tion is the ability for young people to legally possess certain types of firearms.
While federal law prohibits licensed firearm dealers from selling long guns rifles and shotguns - to anyone under age 18, there is no federal age limit for possession of a long gun. In New York, the minimum age to possess a long gun is just 16, though you must be age 21 to obtain a license to possess any type of handgun. This loophole allows young people ages 16 to 21 to use long guns for whatever legal purpose they want, such as target practice or skeet shooting, and opens up the possi- bility of misuse of these weapons.
Twenty-three states have recognized the need to set a minimum age for long gun possession. Hawaii, Illinois, and the District of Columbia all have laws setting the minimum age of long gun possession at 21, accord- ing to the Giffords Law Center to Prevent Gun Violence, and others have set this level between 18 and 21.
This bill would close the loophole that allows young people under age 21 to possess long guns. Exceptions would remain in place for those with hunting licenses, the military, police, and use at licensed shooting ranges.
Raising the minimum age of long gun possession will help protect our young people and the broader public from the dangerous misuse of firearms and help prevent future tragedies.
Legislative history
2018: S.7890 (Hoylman) - Died in Codes
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.