STATE OF NEW YORK
________________________________________________________________________
7470
IN SENATE
May 4, 2016
___________
Introduced by Sen. KLEIN -- 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 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
S. 7470 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.