What's happening
This bill increases penalties and expands criminal charges for knowingly possessing, selling, or stealing stolen firearms, rifles, or shotguns.
Why it matters
Expands the definition of serious firearm offenses. to include knowingly possessing, selling, or stealing stolen firearms, rifles, or shotguns, making these actions subject to the most severe penalties under state law (class B felony).
Targets the illegal firearms market. by specifically criminalizing the sale, exchange, or transfer of stolen guns, aiming to disrupt the flow of weapons used in violent and organized crime.
Increases potential consequences for theft-related crimes. by making theft of any firearm, rifle, or shotgun (regardless of value) qualify as grand larceny in the first degree, equating gun theft with other high-value or high-impact property crimes.
Creates stronger deterrents and prosecutorial tools. for law enforcement and prosecutors to address gun trafficking and related felonies, potentially leading to longer prison sentences and broader liability for those involved in the illegal gun trade.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Police and prosecutors
The bill would make knowingly possessing a stolen firearm, rifle or shotgun, unlawfully transferring one known to be stolen, and committing specified felonies while knowingly possessing one grounds for class B felony charges.
People accused of gun theft
Stealing even one firearm, rifle or shotgun would constitute first-degree grand larceny, a class B felony, regardless of its value.
Gun owners and dealers
The bill would target theft of their firearms, rifles and shotguns and unlawful transfers of weapons known to be stolen.
Retailers
The bill would incorporate a provision allowing retail thefts under a common scheme, plan or ongoing intent to be aggregated across owners toward the more-than-$1 million threshold for first-degree grand larceny.
Headline styles
Tougher Penalties for Stolen Guns
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1523
2025-2026 Regular Sessions
IN SENATE
January 10, 2025
Introduced by Sens. O'MARA, BORRELLO, OBERACKER -- 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 stolen firearms, shotguns and rifles; and to repeal certain provisions of such law relating thereto, and relating to making technical corrections thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 265.04 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: § 265.04 Criminal possession of a weapon in the first degree.
A person is guilty of criminal possession of a weapon in the first degree when such person:
(1) possesses any explosive substance with intent to use the same unlawfully against the person or property of another; [or]
(2) possesses ten or more firearms[.]; or
(3) knowingly possesses a firearm, rifle or shotgun that was stolen.
Criminal possession of a weapon in the first degree is a class B felony.
§ 2. Subdivision 1 of section 265.09 of the penal law, as amended by chapter 650 of the laws of 1996, is amended to read as follows:
(1) A person is guilty of criminal use of a firearm in the first degree when [he] such person:
(a) commits any class B violent felony offense as defined in paragraph (a) of subdivision one of section 70.02 and [he] such person either:
[(a)](i) possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or
[(b)](ii) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04445-01-5
(b) commits any felony offense defined in article 120, 125, 130, 135, 140, 155, or 160 of this chapter while knowingly possessing a firearm, rifle or shotgun that is stolen.
Criminal use of a firearm in the first degree is a class B felony.
§ 3. Section 265.13 of the penal law, as amended by section 1 of subpart A of part UU of chapter 56 of the laws of 2022, is amended to read as follows: § 265.13 Criminal sale of a firearm in the first degree.
A person is guilty of criminal sale of a firearm in the first degree when such person:
(1) unlawfully sells, exchanges, gives or disposes of to another ten or more firearms; [or]
(2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of three or more firearms in a period of not more than one year; or
(3) unlawfully sells, exchanges, gives or disposes of to another individual or individuals a firearm, rifle or shotgun that such person knows to be stolen.
Criminal sale of a firearm in the first degree is a class B felony.
§ 4. Subdivision 7 of section 155.30 of the penal law is REPEALED.
§ 5. Section 155.42 of the penal law, as amended by section 4 of part FF of chapter 55 of the laws of 2024, is REPEALED.
§ 6. Section 155.42 of the penal law, as amended by section 7 of part O of chapter 56 of the laws of 2024, is amended to read as follows: § 155.42 Grand larceny in the first degree.
A person is guilty of grand larceny in the first degree when:
1. such person steals property and when the value of the property exceeds one million dollars; [or]
2. such person commits deed theft, regardless of the value, of (a) residential real property that is occupied as a home by at least one person; or (b) residential real property that involves a home that is owned by an elderly person, an incompetent, an incapacitated person, or physically disabled person; or (c) three or more residential real properties[.];
3. such person steals property and the property consists of retail goods or merchandise stolen pursuant to a common scheme or plan or a single, ongoing intent to deprive another or others of the property or to appropriate the property to the actor or another person and the value of the property exceeds one million dollars, which value may be determined by the aggregate value of all such property regardless of whether the goods or merchandise were stolen from the same owner. Nothing in this subdivision shall be read to limit the ability to aggregate the value of any property or the ability to charge the larceny of retail goods or merchandise under another applicable provision of law; or
4. such person steals property and when the property consists of one or more firearms, rifles or shotguns, as such terms are defined by section 265.00 of this chapter.
Grand larceny in the first degree is a class B felony.
§ 7. This act shall take effect on the first of November next succeeding the date upon 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 stolen firearms, shotguns and rifles; and to repeal certain provisions of such law relating there- to, and relating to making technical corrections thereto
Purpose
To enhance penalties for offenders who commit crimes using stolen firearms.
Summary of provisions
Section 1 adds possession of a stolen firearm, rifle or shotgun to Crim- inal Possession of a Weapon in the First Degree, PL § 265.04.
Section 2 adds conduct constituting the use of stolen firearm, rifle or shotgun during the commission of a felony offense defined in article 120, 125, 130, 135, 140, 155, or 160 of the penal law to Criminal Use of a Firearm in the First Degree, PL § 265.09.
Section 3 adds the unlawful sale of a stolen firearm, rifle or shotgun to Criminal Sale of a Firearm in the First Degree, PL § 265.13.
Section 4 repeals subdivision 7 of section
Section 5 adds the theft of one or more firearms, rifles to Grand Larce- ny in the First Degree, PL § 155.42.
Section 6 is the effective date.
Justification
While New York has some of the strictest and most restrictive gun laws in the country, the impact of those laws fall primarily on law-abiding citizens who face significant barriers to lawful gun ownership. These laws have not prevented criminals from circumventing these laws by turn- ing to the black market to obtain illegal, and often stolen, firearms. As criminals continue to rely on stolen firearms to commit crimes, we must ensure that our laws carry significant penalties for those commit- ting such crimes. This bill addresses this issue by classifying certain crimes related to the possession, use, and sale of stolen firearms as class B violent felonies, which carry mandatory prison sentences of up to twenty-five years. The bill also enhances the penalties for the theft of firearms to further deter firearm theft.
Legislative history
2023: S3420
Fiscal implications
None to the state.
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.