STATE OF NEW YORK
        ________________________________________________________________________
                                          5440
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
                                       ___________
        Introduced  by M. of A. SALKA -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law, in relation to lowering from 12 years  to
          10 years the minimum age of a child authorized to engage in supervised
          loading  and  firing  of  rifles, shotguns and pistols, and increasing
          from 18 years to 21 years the minimum age of the designated supervisor
          of such a child
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs  7,  7-c  and  7-d of subdivision a of section
     2  265.20 of the penal law, paragraph 7 as amended by chapter  180  of  the
     3  laws  of 1998, and paragraphs 7-c and 7-d as added by chapter 651 of the
     4  laws of 1996, are amended to read as follows:
     5    7. Possession, at an indoor or outdoor shooting range for the  purpose
     6  of  loading  and  firing, of a rifle or shotgun, the propelling force of
     7  which is gunpowder by a person under sixteen years of age but not  under
     8  [twelve]  ten, under the immediate supervision, guidance and instruction
     9  of (a) a duly commissioned officer of the United States army, navy,  air
    10  force,  marine  corps  or  coast  guard, or of the national guard of the
    11  state of New York; or (b) a duly qualified adult citizen of  the  United
    12  States who has been granted a certificate as an instructor in small arms
    13  practice  issued  by  the  United States army, navy, air force or marine
    14  corps, or by the adjutant general of this  state,  or  by  the  national
    15  rifle  association  of America, a not-for-profit corporation duly organ-
    16  ized under the laws of this state; or  (c)  a  parent,  guardian,  or  a
    17  person  over  the  age of [eighteen] twenty-one designated in writing by
    18  such parent or guardian who shall have a certificate of qualification in
    19  responsible hunting, including safety, ethics, and landowner  relations-
    20  hunter  relations,  issued or honored by the department of environmental
    21  conservation; or (d) an agent of the department of environmental conser-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09379-01-9

        A. 5440                             2
     1  vation appointed to conduct courses  in  responsible  hunting  practices
     2  pursuant to article eleven of the environmental conservation law.
     3    7-c.  Possession  for  the  purpose of loading and firing, of a rifle,
     4  pistol or shotgun, the propelling force of  which  may  be  either  air,
     5  compressed  gas  or  springs, by a person under sixteen years of age but
     6  not under [twelve] ten, under the immediate  supervision,  guidance  and
     7  instruction  of  (a)  a  duly  commissioned officer of the United States
     8  army, navy, marine corps or coast guard, or of the national guard of the
     9  state of New York; or (b) a duly qualified adult citizen of  the  United
    10  States who has been granted a certificate as an instructor in small arms
    11  practice  issued  by the United States army, navy or marine corps, or by
    12  the adjutant general of this state, or by the national rifle association
    13  of America, a not-for-profit corporation duly organized under  the  laws
    14  of  this  state;  or (c) a parent, guardian, or a person over the age of
    15  [eighteen] twenty-one designated in writing by such parent  or  guardian
    16  who  shall  have  a certificate of qualification in responsible hunting,
    17  including safety,  ethics,  and  landowner  relations-hunter  relations,
    18  issued or honored by the department of environmental conservation.
    19    7-d.  Possession,  at  an  indoor  or  outdoor  shooting range for the
    20  purpose of loading and firing,  of  a  rifle,  pistol  or  shotgun,  the
    21  propelling  force of which may be either air, compressed gas or springs,
    22  by a person under [twelve] ten years of age, under the immediate  super-
    23  vision,  guidance  and instruction of (a) a duly commissioned officer of
    24  the United States army, navy, marine corps or coast  guard,  or  of  the
    25  national  guard  of the state of New York; or (b) a duly qualified adult
    26  citizen of the United States who has been granted a  certificate  as  an
    27  instructor in small arms practice issued by the United States army, navy
    28  or  marine  corps,  or  by the adjutant general of this state, or by the
    29  national rifle association of America, a not-for-profit corporation duly
    30  organized under the laws of this state; or (c) a parent, guardian, or  a
    31  person  over  the  age of [eighteen] twenty-one designated in writing by
    32  such parent or guardian who shall have a certificate of qualification in
    33  responsible hunting, including safety, ethics, and landowner  relations-
    34  hunter  relations,  issued or honored by the department of environmental
    35  conservation.
    36    § 2. This act shall take effect on the thirtieth day  after  it  shall
    37  have become a law.