S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4226
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 11, 2015
                                      ___________
       Introduced by Sen. MARCHIONE -- 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 sale of ammunition; and to
         repeal certain provisions of such law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 400.03 of the penal law is REPEALED.
    2    S 2. Subdivision 24 of section 265.00 of the penal law is REPEALED.
    3    S 3. Paragraph (a) of subdivision 1 of section  400.10  of  the  penal
    4  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    5  follows:
    6    (a) Any owner or  other  person  lawfully  in  possession  of:  (i)  a
    7  firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
    8  on;  (ii)  ammunition as well as a firearm, rifle or shotgun who suffers
    9  the loss or theft of such ammunition as well  as  a  firearm,  rifle  or
   10  shotgun;  or  (iii) ammunition and is a dealer in firearms [or seller of
   11  ammunition] who suffers the loss or theft of such ammunition shall with-
   12  in twenty-four hours of the discovery of the loss or  theft  report  the
   13  facts  and  circumstances of the loss or theft to a police department or
   14  sheriff's office.
   15    S 4. The penal law is amended by adding a new section 400.03  to  read
   16  as follows:
   17  S 400.03 SALE OF AMMUNITION TO MINORS PROHIBITED.
   18    SALE  OF ANY AMMUNITION SHALL BE MADE ONLY TO AN INDIVIDUAL WHO DEMON-
   19  STRATES, THROUGH (A) A VALID DRIVER'S LICENSE OR NON-DRIVER'S  IDENTIFI-
   20  CATION  CARD  ISSUED  BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL
   21  GOVERNMENT, ANY UNITED STATES TERRITORY, COMMONWEALTH OR POSSESSION, THE
   22  DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITHIN THE UNITED STATES  OR  A
   23  PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA, OR (B) A VALID PASSPORT
   24  ISSUED  BY  THE UNITED STATES GOVERNMENT OR ANY OTHER COUNTRY, OR (C) AN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09204-01-5
       S. 4226                             2
    1  IDENTIFICATION CARD ISSUED BY THE ARMED FORCES  OF  THE  UNITED  STATES,
    2  INDICATING THAT THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF AGE.
    3    S  5.  Subdivision  3  of section 260.21 of the penal law, as added by
    4  chapter 362 of the laws of 1992, is amended to read as follows:
    5    3. He sells or causes to be sold tobacco in any form to a  child  less
    6  than eighteen years old.
    7    [It  is  no  defense to a prosecution pursuant to subdivision three of
    8  this section that the child acted as  the  agent  or  representative  of
    9  another person or that the defendant dealt with the child as such.]
   10    S 6. Section 260.21 of the penal law is amended by adding a new subdi-
   11  vision 4 to read as follows:
   12    4. HE SELLS OR CAUSES TO BE SOLD AMMUNITION TO A CHILD LESS THAN EIGH-
   13  TEEN  YEARS  OLD.  IT  IS  NO  DEFENSE TO A PROSECUTION PURSUANT TO THIS
   14  SUBDIVISION OR SUBDIVISION THREE OF THIS SECTION THAT THE CHILD ACTED AS
   15  THE AGENT OR REPRESENTATIVE OF ANOTHER  PERSON  OR  THAT  THE  DEFENDANT
   16  DEALT WITH THE CHILD AS SUCH.
   17    S  7.  This  act shall take effect on the thirtieth day after it shall
   18  have become a law.