 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 8173                                                  A. 9041
 
                SENATE - ASSEMBLY
 
                                    January 31, 2022
                                       ___________
 
        IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Codes
 
        IN ASSEMBLY -- Introduced by M. of A. LAVINE -- read once  and  referred
          to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to criminal sale of firearms

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Sections 265.12 and 265.13 of the penal law, as amended  by
     2  chapter 764 of the laws of 2005, are amended to read as follows:
     3  § 265.12 Criminal sale of a firearm in the second degree.
     4    A  person is guilty of criminal sale of a firearm in the second degree
     5  when such person:
     6    (1) unlawfully sells, exchanges, gives or disposes of to another  five
     7  or more firearms; or
     8    (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
     9  person or persons a total of [five] two or more firearms in a period  of
    10  not more than one year.
    11    Criminal sale of a firearm in the second degree is a class C felony.
    12  § 265.13 Criminal sale of a firearm in the first degree.
    13    A  person  is guilty of criminal sale of a firearm in the first degree
    14  when such person:
    15    (1) unlawfully sells, exchanges, gives or disposes of to  another  ten
    16  or more firearms; or
    17    (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
    18  person or persons a total of [ten] three or more firearms in a period of
    19  not more than one year.
    20    Criminal sale of a firearm in the first degree is a class B felony.
    21    § 2. Subdivision 6 of section 265.15 of the penal  law,  as  added  by
    22  chapter 233 of the laws of 1980, is amended to read as follows:
    23    6.  The  possession  of [five] three or more firearms by any person is
    24  presumptive evidence that such person possessed the  firearms  with  the
    25  intent to sell same.
    26    §  3.  This  act shall take effect on the thirtieth day after it shall
    27  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14469-01-2
Relates to criminal sale of firearms

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