What's happening
This bill creates a new class A-I felony for unlawfully selling or possessing with intent to sell twenty or more firearms within a year.
Why it matters
Targets Large-Scale Trafficking. By specifically criminalizing the unlawful sale or intent to sell twenty or more firearms within a year, the bill aims to address higher-level, organized gun trafficking rather than focusing on individual or small-scale transfers.
Severe Penalties Introduced. Designating this new offense as a class A-I felony places it among the most serious crimes in New York State, carrying the potential for lengthy prison sentences and signaling a strong deterrent against major firearms trafficking.
Fills Legal Gaps. This legislation closes a loophole where current laws may not adequately distinguish between minor violations and more dangerous, systematic firearms distribution networks, allowing for more effective law enforcement targeting of trafficking rings.
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Who cares
Headline styles
Crack Down on Gun Trafficking
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Referred to rules
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.
Target Gun Trafficking Rings
In Assembly Committee · Codes · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6649
2019-2020 Regular Sessions
IN SENATE
August 14, 2019
Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to creating the offense of operating as a major firearms trafficker
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 a new section 265.46 to read as follows: § 265.46 Operating as a major firearms trafficker.
A person is guilty of operating as a major firearms trafficker when such person:
(1) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of twenty or more firearms in a period of not more than one year; or
(2) unlawfully possesses with intent to sell twenty or more firearms.
Operating as a major firearms trafficker is a class A-I felony.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03708-01-9
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 creating the offense of operating as a major firearms trafficker
Purpose
To enhance criminal penalties for major firearm traffickers.
Summary of provisions
Section 1 of the bill establishes the new criminal offense of operating as a major firearms trafficker, as an A-1 felony. A person is guilty of this offense if such person unlawfully sells, exchanges, gives or disposes of to another person at least twenty firearms within a one year period. A person would also be guilty of this offense if such person unlawfully possesses with intent to sell at least twenty firearms.
Read the full memo (818 words)
Section 2 of the bill provides that this act shall take effect imme- diately.
Justification
In April 2016, New York County District Attorney Cyrus Vance, Jr. and then Commissioner of the New York Police Department William Bretton announced a major trafficking bust of six criminal defendants who sold 82 firearms in 26 separate transactions. As District Attorney Vance stated, "This alleged interstate trafficking conspiracy clearly illus- trates how deadly firearms from 'Iron Pipeline' states flood New York City's streets. To stem the flow of illegal guns, we must deter traf- fickers from this lucrative business by prosecuting not only Manhattan- based illegal weapons dealers, but residents of Southern states who knowingly provide them with guns to be resold in our city."
Under existing law, the highest criminal charge facing these defendants is criminal sale of a firearm in the first degree or criminal possession of a weapon in the first degree, both of which are a class B felony. These felonies apply to sale or possession with intent to sell at least 10 firearms.
District Attorney Vance called on the State legislature to create a new A-1 felony, Operating as a Major Firearms Trafficker, for those who illegally sell or possess 20 or more firearms. In calling attention to the fact that whether a defendant sells 10 firearms or 10,000, the penalty is the same - a class B felony, the District Attorney urged us to enhance the penalties "to deter those who stand to make tens of thou- sands of dollars by selling large quantities of firearms," and "put wholesale, illegal weapons dealers out of business."
A comprehensive report released in October 2016 by the New York State Attorney General, Target on Trafficking, New York Crime Gun Analysis, October 2016 (the "AG Report"), underlines the need to increase the penalty for gun trafficking ( 1 ). Analyzing data on "crime guns" recov- ered by New York law enforcement agencies between 2010 and 2015, the AG Report found that out of the 52,915 crime guns recovered in the state during the 5-year period, only 3,208 guns were recovered from a posses- sor who was also the original purchaser of the gun. About half of these guns were low time-to-crime, meaning the time between the recorded date of purchase compared to the date of recovery was low (i.e., less than 3 years). Of the 30,595 crime guns for which complete data was available, 6,162 or 20% exhibited indicia of recent trafficking (if a gun has been recovered in a short period of time and also moved across state borders and/or between private individuals it is likely the gun was recently trafficked). 75% of the crime guns recovered (39,491) were handguns, of which 86% originated out-of-state. According to the AG Report, handguns are known to be the weapon of choice among violent criminals.
Just as District Attorney Vance urged, the Attorney General included in the report one of two recommendations at the state level to help prevent illegal guns from coming in to New York from other states amending the penal law "to punish traffickers so severely that the business becomes too risky a proposition." Referencing this bill, the AG Report stated, "The Legislature should pass it and send a message to traffickers who think New York is an attractive market for illegal gun sales to think again."
This bill would elevate existing criminal penalties for firearm traf- fickers from a class B felony to a class A-1 felony. To be charged with operating as a major firearms trafficker, the defendant must be selling or possessing with intent to sell at least 20 firearms. Elevated penal- ties would ensure that these dangerous criminals who are trafficking large quantities of firearms are prevented from bringing to our state illegal firearms that fuel the violence we are committed to seeking to end.
This legislation is supported by the New York State Attorney General, New York County District Attorney Cyrus Vance, the District Attorney's Association of New York, and the NYPD.
1) https://targettrafficking.ag.ny.gov/ partl
Legislative history
2017-2018: S.4385 - Referred to Codes/A.360 - Referred to Codes 2015-2016: S.7470-A - Amend and recommit to Codes/A.10173-A - Amend and recommit to Codes
Fiscal implications
None.
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.