STATE OF NEW YORK
        ________________________________________________________________________
                                          2363
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by  Sen. BRESLIN -- 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 criminal possession  of  a
          weapon
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 265.01 of the penal law, as amended by chapter 1 of
     2  the laws of 2013, subdivision 2 as amended by chapter 269 of the laws of
     3  2016, is amended to read as follows:
     4  § 265.01 Criminal possession of a weapon in the fourth degree.
     5    A person is guilty of criminal possession of a weapon  in  the  fourth
     6  degree when:
     7    (1)  He  or she possesses any firearm, electronic dart gun, electronic
     8  stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
     9  knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
    10  metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
    11  shot or slungshot, shirken or "Kung Fu star"; or
    12    (2) He or she possesses any dagger, dangerous  knife,  dirk,  machete,
    13  razor,  stiletto,  imitation  pistol,  or  any other dangerous or deadly
    14  instrument or weapon with intent to  use  the  same  unlawfully  against
    15  another; or
    16    (3)[; or
    17    (4)  He  possesses  a  rifle,  shotgun,  antique firearm, black powder
    18  rifle, black powder shotgun, or any muzzle-loading firearm, and has been
    19  convicted of a felony or serious offense; or
    20    (5)] He possesses any dangerous or deadly weapon and is not a  citizen
    21  of the United States[; or
    22    (6)  He  is  a person who has been certified not suitable to possess a
    23  rifle or shotgun, as defined in subdivision sixteen of  section  265.00,
    24  and refuses to yield possession of such rifle or shotgun upon the demand
    25  of  a  police  officer.  Whenever  a person is certified not suitable to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07480-01-7

        S. 2363                             2

     1  possess a rifle or shotgun, a member of the police department  to  which
     2  such  certification  is  made,  or  of the state police, shall forthwith
     3  seize any rifle or shotgun possessed by such person. A rifle or  shotgun
     4  seized as herein provided shall not be destroyed, but shall be delivered
     5  to  the  headquarters  of  such  police department, or state police, and
     6  there retained until the aforesaid certificate has been rescinded by the
     7  director or physician in charge, or other disposition of such  rifle  or
     8  shotgun has been ordered or authorized by a court of competent jurisdic-
     9  tion.
    10    (7)  He knowingly possesses a bullet containing an explosive substance
    11  designed to detonate upon impact.
    12    (8) He possesses any armor piercing ammunition with intent to use  the
    13  same unlawfully against another].
    14    Criminal  possession  of  a  weapon  in the fourth degree is a class A
    15  misdemeanor.
    16    § 2. Section 265.02 of the penal law, as amended by chapter 764 of the
    17  laws of 2005, subdivision 8 as amended and  subdivisions  9  and  10  as
    18  added by chapter 1 of the laws of 2013, is amended to read as follows:
    19  § 265.02 Criminal possession of a weapon in the third degree.
    20    A  person  is  guilty  of criminal possession of a weapon in the third
    21  degree when:
    22    (1) Such person commits the crime of criminal possession of  a  weapon
    23  in  the fourth degree as defined in subdivision one, two[,] or three [or
    24  five] of section 265.01, and has been previously convicted of any crime;
    25  or
    26    (2) Such person possesses any explosive or incendiary bomb, bombshell,
    27  firearm silencer, machine-gun or any other firearm or weapon  simulating
    28  a machine-gun and which is adaptable for such use; or
    29    (3)  Such  person knowingly possesses a machine-gun, firearm, rifle or
    30  shotgun which has  been  defaced  for  the  purpose  of  concealment  or
    31  prevention  of  the detection of a crime or misrepresenting the identity
    32  of such machine-gun, firearm, rifle or shotgun; or
    33    (5) (i) Such person possesses three or more  firearms;  or  (ii)  such
    34  person possesses a firearm and has been previously convicted of a felony
    35  or  a class A misdemeanor defined in this chapter [within the five years
    36  immediately preceding the commission of the offense] and such possession
    37  did not take place in the person's home or place of business; or
    38    (6) Such person knowingly possesses any disguised gun; or
    39    (7) Such person possesses an assault weapon; or
    40    (8) Such person possesses a large capacity ammunition feeding  device.
    41  For  purposes  of  this subdivision, a large capacity ammunition feeding
    42  device shall not include an ammunition feeding device lawfully possessed
    43  by such person before the effective date of the chapter of the  laws  of
    44  two thousand thirteen which amended this subdivision, that has a capaci-
    45  ty  of, or that can be readily restored or converted to accept more than
    46  seven but less than eleven rounds of ammunition, or  that  was  manufac-
    47  tured  before  September  thirteenth, nineteen hundred ninety-four, that
    48  has a capacity of, or that can  be  readily  restored  or  converted  to
    49  accept, more than ten rounds of ammunition; or
    50    (9)  Such person possesses an unloaded firearm and also commits a drug
    51  trafficking felony as defined in subdivision twenty-one of section 10.00
    52  of this chapter as part of the same criminal transaction; or
    53    (10) Such person possesses an unloaded firearm and  also  commits  any
    54  violent felony offense as defined in subdivision one of section 70.02 of
    55  this chapter as part of the same criminal transaction[.]; or

        S. 2363                             3
     1    (11)  Such  person  possesses a rifle, shotgun, antique firearm, black
     2  powder rifle, black powder shotgun, or any muzzle-loading  firearm,  and
     3  has been convicted of a felony or serious offense; or
     4    (12)  Such  person  is a person who has been certified not suitable to
     5  possess a rifle or shotgun, as defined in subdivision sixteen of section
     6  265.00, and refuses to yield possession of such rifle  or  shotgun  upon
     7  the demand of a police officer. Whenever a person is certified not suit-
     8  able to possess a rifle or shotgun, a member of the police department to
     9  which  such  certification is made, or of the state police, shall forth-
    10  with seize any rifle or shotgun possessed by such  person.  A  rifle  or
    11  shotgun  seized  as herein provided shall not be destroyed, but shall be
    12  delivered to the  headquarters  of  such  police  department,  or  state
    13  police,  and  there  retained  until  the aforesaid certificate has been
    14  rescinded by the director or physician in charge, or  other  disposition
    15  of  such  rifle  or shotgun has been ordered or authorized by a court of
    16  competent jurisdiction; or
    17    (13) Such person knowingly possesses a bullet containing an  explosive
    18  substance designed to detonate upon impact; or
    19    (14)  Such  person possesses any armor piercing ammunition with intent
    20  to use the same unlawfully against another.
    21    Criminal possession of a weapon in the third degree is a class D felo-
    22  ny.
    23    § 3. Paragraph 5 of subdivision a of section 265.20 of the penal  law,
    24  as  amended  by  chapter  235 of the laws of 2007, is amended to read as
    25  follows:
    26    5. Possession of a rifle or shotgun by a person other  than  a  person
    27  who  has  been  convicted  of  a  class  A-I  felony or a violent felony
    28  offense, as defined in subdivision one of section 70.02 of this chapter,
    29  who has been convicted  as  specified  in  subdivision  [four]  nine  of
    30  section  [265.01]  265.02 to whom a certificate of good conduct has been
    31  issued pursuant to section seven hundred three-b of the correction law.
    32    § 4. This act shall take effect on the ninetieth day  after  it  shall
    33  have become a law.