STATE OF NEW YORK
        ________________________________________________________________________
                                          3745
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 17, 2015
                                       ___________
        Introduced by Sen. ESPAILLAT -- 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 illegal gun trafficking,
          criminal possession of a weapon by a minor and criminal use of a weap-
          on by a minor, failure to report a lost or stolen firearm,  and  fines
          for  gun  trafficking;  and to amend the education law, in relation to
          the eligibility for tuition awards to students on probation or  parole
          for weapons convictions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Gun Trafficking Prevention Act".
     3    §  2.  The penal law is amended by adding a new section 265.50 to read
     4  as follows:
     5  § 265.50 Illegal gun trafficking.
     6    A person is guilty of illegal gun trafficking when such  person  know-
     7  ingly   and  intentionally  distributes,  transports,  ships,  receives,
     8  barters, purchases or sells any firearm which has:
     9    1. been used during the commission of a crime;
    10    2. been stolen;
    11    3. had the importer's or manufacturer's serial number removed,  oblit-
    12  erated or altered; or
    13    4. been defaced.
    14    Illegal gun trafficking is a class B felony.
    15    §  3.  The  penal law is amended by adding two new sections 265.18 and
    16  265.18-a to read as follows:
    17  § 265.18 Criminal possession of a weapon by a minor.
    18    1. A person is guilty of criminal possession of a weapon  by  a  minor
    19  when,  being  under  eighteen  years  of  age,  he  or she possesses any
    20  firearm, rifle or shotgun.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08713-01-5