What's happening
This bill creates the crime of firing a gun into a crowded space, making it a class B felony with severe penalties.
Why it matters
Targets dangerous conduct even if no one is physically harmed. The bill criminalizes firing into a crowded space regardless of whether someone is actually injured, addressing reckless actions that create a high risk of mass harm.
Sets a strict minimum prison sentence. Conviction carries a mandatory minimum of 20 years in prison (for adults 18+), which is unusually severe compared to many other violent felonies, signaling the legislature’s intent to strongly deter this behavior.
Broad definition of "crowded space". A "crowded space" is defined as any area with three or more people, meaning the law could apply to a wide variety of settings—public gatherings, small events, or even family groups.
Addresses both intent and reckless disregard. The law applies if the shooter intends to harm or acts with "depraved indifference" to human life, capturing both deliberate attacks and extremely reckless gunfire in public spaces.
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Ban Firing Into Crowds
Plain English, a few words. Used as the page title.
Sponsors
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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 Firing Into Crowds
In Assembly Committee · Codes · Sponsor Peter Lawrence
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
73
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ROBACH -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05207-01-9
S. 73 2
the first degree as defined in section 265.13, aggravated assault upon a 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to estab- lishing the crime of criminal use of weapons; firing into a crowded space
Purpose
To enact a specific penalty for persons who discharge firearms in crowd- ed spaces.
Summary of specific provisions
Section 1. Amends the penal law by adding a new definition for a Class B violent felony offense to include firing into a crowded space.
Section 2. Amends section 70.02 of the penal law to include at least a twenty year sentence for firing into a crowded space.
Section 3. Defines the term "crowded space" as a space consisting of five or more people and the term "great risk" as consisting of wanton or reckless behavior that evinces depraved indifference to human life with- in such a crowded space.
Section 4. Effective date.
Justification
As the recent mass shooting, occurring on February 7th 2016 in Rochester NY, and where eight people were shot, painfully demonstrates, shootings that take place within crowded spaces cause an elevated degree of terror and grief. Given these increased psychological and social costs, it becomes necessary to create specific felonies that address and deter such reckless and highly destructive acts.
Legislative history
2015-2016 Passed Senate 2017-2018 Passed Senate
Fiscal implications
None
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.