STATE OF NEW YORK
        ________________________________________________________________________

                                         8078--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 31, 2019
                                       ___________

        Introduced  by  M. of A. WOERNER, JONES -- read once and referred to the
          Committee on Codes --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to amend the penal law, in relation to permitting 4-H certified
          shooting sports instructors to supervise and  instruct  persons  under
          sixteen years of age at shooting ranges

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 19 of section 265.00 of the penal law, as added
     2  by chapter 446 of the laws of 1997, is amended to read as follows:
     3    19. "Duly authorized instructor" means (a) a duly commissioned officer
     4  of the United States army, navy, marine corps or coast guard, or of  the
     5  national  guard  of the state of New York; or (b) a duly qualified adult
     6  citizen of the United States who has been granted a  certificate  as  an
     7  instructor in small arms practice issued by the United States army, navy
     8  or  marine  corps,  or  by the adjutant general of this state, or by the
     9  national rifle association of America, a not-for-profit corporation duly
    10  organized under the laws of this state; [or] (c) by a person duly quali-
    11  fied and designated by  the  department  of  environmental  conservation
    12  under  [paragraph  d of] subdivision six of section 11-0713 of the envi-
    13  ronmental conservation law as its agent in the giving of instruction and
    14  the making of certifications of  qualification  in  responsible  hunting
    15  practices;  or  (d)  a  New  York  state  4-H  certified shooting sports
    16  instructor.
    17    § 2. Paragraphs 7, 7-c, and 7-d of subdivision a of section 265.20  of
    18  the penal law, paragraph 7 as amended by chapter 180 of the laws of 1998
    19  and  paragraphs 7-c and 7-d as added by chapter 651 of the laws of 1996,
    20  are amended to read as follows:
    21    7. Possession, at an indoor or outdoor shooting range for the  purpose
    22  of  loading  and  firing, of a rifle or shotgun, the propelling force of
    23  which is gunpowder by a person under sixteen years of age but not  under

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13021-02-9

        A. 8078--A                          2

     1  twelve, under the immediate supervision, guidance and instruction of (a)
     2  a  duly commissioned officer of the United States army, navy, air force,
     3  marine corps or coast guard, or of the national guard of  the  state  of
     4  New York; or (b) a duly qualified adult citizen of the United States who
     5  has  been  granted a certificate as an instructor in small arms practice
     6  issued by the United States army, navy, air force or marine corps, or by
     7  the adjutant general of this state, [or] by the national  rifle  associ-
     8  ation  of America, a not-for-profit corporation duly organized under the
     9  laws of this state, or by a New York state 4-H certified shooting sports
    10  instructor; or (c) a parent, guardian, or a person over the age of eigh-
    11  teen designated in writing by such parent or guardian who shall  have  a
    12  certificate  of  qualification in responsible hunting, including safety,
    13  ethics, and landowner relations-hunter relations, issued or  honored  by
    14  the  department  of  environmental  conservation; or (d) an agent of the
    15  department of environmental conservation appointed to conduct courses in
    16  responsible hunting practices pursuant to article eleven of the environ-
    17  mental conservation law.
    18    7-c. Possession for the purpose of loading and  firing,  of  a  rifle,
    19  pistol  or  shotgun,  the  propelling  force of which may be either air,
    20  compressed gas or springs, by a person under sixteen years  of  age  but
    21  not under twelve, under the immediate supervision, guidance and instruc-
    22  tion of (a) a duly commissioned officer of the United States army, navy,
    23  marine  corps  or  coast guard, or of the national guard of the state of
    24  New York; or (b) a duly qualified adult citizen of the United States who
    25  has been granted a certificate as an instructor in small  arms  practice
    26  issued  by the United States army, navy or marine corps, or by the adju-
    27  tant general of this state, [or] by the national  rifle  association  of
    28  America,  a  not-for-profit corporation duly organized under the laws of
    29  this state, or by  a  New  York  state  4-H  certified  shooting  sports
    30  instructor; or (c) a parent, guardian, or a person over the age of eigh-
    31  teen  designated  in writing by such parent or guardian who shall have a
    32  certificate of qualification in responsible hunting,  including  safety,
    33  ethics,  and  landowner relations-hunter relations, issued or honored by
    34  the department of environmental conservation.
    35    7-d. Possession, at an  indoor  or  outdoor  shooting  range  for  the
    36  purpose  of  loading  and  firing,  of  a  rifle, pistol or shotgun, the
    37  propelling force of which may be either air, compressed gas or  springs,
    38  by  a person under twelve years of age, under the immediate supervision,
    39  guidance and instruction of (a)  a  duly  commissioned  officer  of  the
    40  United  States  army,  navy,  marine  corps  or  coast  guard, or of the
    41  national guard of the state of New York; or (b) a duly  qualified  adult
    42  citizen  of  the  United States who has been granted a certificate as an
    43  instructor in small arms practice issued by the United States army, navy
    44  or marine corps, or by the adjutant general of this state, [or]  by  the
    45  national rifle association of America, a not-for-profit corporation duly
    46  organized  under  the  laws  of  this  state, or by a New York state 4-H
    47  certified shooting sports instructor; or (c) a parent,  guardian,  or  a
    48  person  over the age of eighteen designated in writing by such parent or
    49  guardian who shall have a certificate of  qualification  in  responsible
    50  hunting,   including  safety,  ethics,  and  landowner  relations-hunter
    51  relations, issued or honored by the department of environmental  conser-
    52  vation.
    53    § 3. Section 265.00 of the penal law is amended by adding a new subdi-
    54  vision 26 to read as follows:
    55    26.  "New York state 4-H certified shooting instructor" means a certi-
    56  fied shooting sports instructor of the National 4-H Shooting  Sports,  a

        A. 8078--A                          3

     1  non-profit  organization, engaged in shooting education and youth devel-
     2  opment programming that is administered by  the  National  Institute  of
     3  Food and Agriculture of the United States department of agriculture.
     4    § 4. This act shall take effect immediately.