STATE OF NEW YORK
        ________________________________________________________________________
                                           201
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  ORTT  --  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 removing the  maximum  age
          limit for firearms instruction exemptions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph 7 of subdivision (a) of  section  265.20  of  the
     2  penal  law, as amended by chapter 180 of the laws of 1998, is amended to
     3  read as follows:
     4    7. Possession, at an indoor or outdoor shooting range for the  purpose
     5  of  loading  and  firing, of a rifle or shotgun, the propelling force of
     6  which is gunpowder by a person [under sixteen  years  of  age  but]  not
     7  under twelve years of age, under the immediate supervision, guidance and
     8  instruction  of  (a)  a  duly  commissioned officer of the United States
     9  army, navy, air force, marine corps or coast guard, or of  the  national
    10  guard of the state of New York; or (b) a duly qualified adult citizen of
    11  the United States who has been granted a certificate as an instructor in
    12  small arms practice issued by the United States army, navy, air force or
    13  marine  corps,  or  by  the  adjutant  general  of this state, or by the
    14  national rifle association of America, a not-for-profit corporation duly
    15  organized under the laws of this state; or (c) a parent, guardian, or  a
    16  person  over the age of eighteen designated in writing by such parent or
    17  guardian who shall have a certificate of  qualification  in  responsible
    18  hunting,   including  safety,  ethics,  and  landowner  relations-hunter
    19  relations, issued or honored by the department of environmental  conser-
    20  vation;  or (d) an agent of the department of environmental conservation
    21  appointed to conduct courses in responsible hunting  practices  pursuant
    22  to article eleven of the environmental conservation law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02723-01-9

        S. 201                              2
     1    §  2.  Paragraph 7-c of subdivision (a) of section 265.20 of the penal
     2  law, as added by chapter 651 of the laws of 1996, is amended to read  as
     3  follows:
     4    7-c.  Possession  for  the  purpose of loading and firing, of a rifle,
     5  pistol or shotgun, the propelling force of  which  may  be  either  air,
     6  compressed  gas or springs, by a person [under sixteen years of age but]
     7  not under twelve years of age, under the immediate supervision, guidance
     8  and instruction of (a) a duly commissioned officer of the United  States
     9  army, navy, marine corps or coast guard, or of the national guard of the
    10  state  of  New York; or (b) a duly qualified adult citizen of the United
    11  States who has been granted a certificate as an instructor in small arms
    12  practice issued by the United States army, navy or marine corps,  or  by
    13  the adjutant general of this state, or by the national rifle association
    14  of  America,  a not-for-profit corporation duly organized under the laws
    15  of this state; or (c) a parent, guardian, or a person over  the  age  of
    16  eighteen designated in writing by such parent or guardian who shall have
    17  a certificate of qualification in responsible hunting, including safety,
    18  ethics,  and  landowner relations-hunter relations, issued or honored by
    19  the department of environmental conservation.
    20    § 3. Paragraph 7-e of subdivision (a) of section 265.20 of  the  penal
    21  law,  as  amended by chapter 281 of the laws of 2006, is amended to read
    22  as follows:
    23    7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
    24  outdoor  pistol  range  located in or on premises owned or occupied by a
    25  duly incorporated organization organized for conservation purposes or to
    26  foster proficiency in small arms or at a target pistol shooting competi-
    27  tion under the auspices of or approved by an association or organization
    28  described in paragraph [7-a] seven-a of this subdivision for the purpose
    29  of loading and firing the same by a person at least  fourteen  years  of
    30  age  [but  under  the  age  of  twenty-one]  who has not been previously
    31  convicted of a felony or serious offense, and who does not appear to be,
    32  or pose a threat to be, a danger  to  himself  or  to  others;  provided
    33  however,  that  such  possession  shall  be of a pistol or revolver duly
    34  licensed to and shall be used under the immediate supervision,  guidance
    35  and instruction of, a person specified in paragraph seven of this subdi-
    36  vision.
    37    § 4. This act shall take effect immediately.