STATE OF NEW YORK
        ________________________________________________________________________
                                          10173
                   IN ASSEMBLY
                                      May 16, 2016
                                       ___________
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes
        AN  ACT  to  amend the penal law, in relation to creating the offense of
          operating as a major firearms trafficker and  establishing  sentencing
          guidelines
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding a new section 265.46  to
     2  read as follows:
     3  § 265.46 Operating as a major firearms trafficker.
     4    A  person  is  guilty of operating as a major firearms trafficker when
     5  such person:
     6    (1) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
     7  person  or persons a total of twenty or more firearms in a period of not
     8  more than one year; or
     9    (2) unlawfully possesses with intent to sell twenty or more firearms.
    10    Operating as a major firearms trafficker is a class A-I felony.
    11    § 2. Subparagraph (i) of paragraph (a) of  subdivision  3  of  section
    12  70.00  of  the penal law, as amended by chapter 107 of the laws of 2006,
    13  is amended to read as follows:
    14    (i) For a class A-I felony, such minimum period shall not be less than
    15  fifteen years nor more than twenty-five years; provided,  however,  that
    16  (A)  where  a sentence, other than a sentence of death or life imprison-
    17  ment without parole, is imposed upon a defendant convicted of murder  in
    18  the first degree as defined in section 125.27 of this chapter such mini-
    19  mum period shall be not less than twenty years nor more than twenty-five
    20  years,  and,  (B) where a sentence is imposed upon a defendant convicted
    21  of murder in the second degree as defined in subdivision five of section
    22  125.25 of this chapter or convicted of aggravated murder as  defined  in
    23  section  125.26 of this chapter, the sentence shall be life imprisonment
    24  without parole, and, (C) where a sentence is imposed  upon  a  defendant
    25  convicted  of attempted murder in the first degree as defined in article
    26  one hundred ten of this chapter and subparagraph (i), (ii) or  (iii)  of
    27  paragraph (a) of subdivision one and paragraph (b) of subdivision one of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15149-01-6

        A. 10173                            2
     1  section 125.27 of this chapter or attempted aggravated murder as defined
     2  in  article  one  hundred ten of this chapter and section 125.26 of this
     3  chapter such minimum period shall be not less than twenty years nor more
     4  than  forty years, and, (D) where a sentence is imposed upon a defendant
     5  convicted of operating as a major  firearms  trafficker  as  defined  in
     6  section  265.46  of  this  chapter such minimum period shall be not less
     7  than fifteen years.
     8    § 3. This act shall take effect immediately.