STATE OF NEW YORK
________________________________________________________________________
8078
2019-2020 Regular Sessions
IN ASSEMBLY
May 31, 2019
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Codes
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
24 twelve, under the immediate supervision, guidance and instruction of (a)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13021-01-9
A. 8078 2
1 a duly commissioned officer of the United States army, navy, air force,
2 marine corps or coast guard, or of the national guard of the state of
3 New York; or (b) a duly qualified adult citizen of the United States who
4 has been granted a certificate as an instructor in small arms practice
5 issued by the United States army, navy, air force or marine corps, or by
6 the adjutant general of this state, [or] by the national rifle associ-
7 ation of America, a not-for-profit corporation duly organized under the
8 laws of this state, or by a New York state 4-H certified shooting sports
9 instructor; or (c) a parent, guardian, or a person over the age of eigh-
10 teen designated in writing by such parent or guardian who shall have a
11 certificate of qualification in responsible hunting, including safety,
12 ethics, and landowner relations-hunter relations, issued or honored by
13 the department of environmental conservation; or (d) an agent of the
14 department of environmental conservation appointed to conduct courses in
15 responsible hunting practices pursuant to article eleven of the environ-
16 mental conservation law.
17 7-c. Possession for the purpose of loading and firing, of a rifle,
18 pistol or shotgun, the propelling force of which may be either air,
19 compressed gas or springs, by a person under sixteen years of age but
20 not under twelve, under the immediate supervision, guidance and instruc-
21 tion of (a) a duly commissioned officer of the United States army, navy,
22 marine corps or coast guard, or of the national guard of the state of
23 New York; or (b) a duly qualified adult citizen of the United States who
24 has been granted a certificate as an instructor in small arms practice
25 issued by the United States army, navy or marine corps, or by the adju-
26 tant general of this state, [or] by the national rifle association of
27 America, a not-for-profit corporation duly organized under the laws of
28 this state, or by a New York state 4-H certified shooting sports
29 instructor; or (c) a parent, guardian, or a person over the age of eigh-
30 teen designated in writing by such parent or guardian who shall have a
31 certificate of qualification in responsible hunting, including safety,
32 ethics, and landowner relations-hunter relations, issued or honored by
33 the department of environmental conservation.
34 7-d. Possession, at an indoor or outdoor shooting range for the
35 purpose of loading and firing, of a rifle, pistol or shotgun, the
36 propelling force of which may be either air, compressed gas or springs,
37 by a person under twelve years of age, under the immediate supervision,
38 guidance and instruction of (a) a duly commissioned officer of the
39 United States army, navy, marine corps or coast guard, or of the
40 national guard of the state of New York; or (b) a duly qualified adult
41 citizen of the United States who has been granted a certificate as an
42 instructor in small arms practice issued by the United States army, navy
43 or marine corps, or by the adjutant general of this state, [or] by the
44 national rifle association of America, a not-for-profit corporation duly
45 organized under the laws of this state, or by a New York state 4-H
46 certified shooting sports instructor; or (c) a parent, guardian, or a
47 person over the age of eighteen designated in writing by such parent or
48 guardian who shall have a certificate of qualification in responsible
49 hunting, including safety, ethics, and landowner relations-hunter
50 relations, issued or honored by the department of environmental conser-
51 vation.
52 § 3. This act shall take effect immediately.