STATE OF NEW YORK
        ________________________________________________________________________
                                           670
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  BOYLE  -- 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 possession of  weapons  by
          certain persons; and to amend the general business law, in relation to
          making technical corrections thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 265.05 of the penal law, as amended by  chapter  56
     2  of the laws of 1985, is amended to read as follows:
     3  § 265.05 Unlawful  possession  of  weapons  by  persons  under [sixteen]
     4             seventeen.
     5    It shall be unlawful for any person under the age of [sixteen]  seven-
     6  teen to possess any air-gun, spring-gun or other instrument or weapon in
     7  which the propelling force is a spring or air, or any gun or any instru-
     8  ment  or  weapon  in or upon which any loaded or blank cartridges may be
     9  used, or any loaded or blank cartridges or ammunition therefor,  or  any
    10  dangerous  knife;  provided  that  the possession of rifle or shotgun or
    11  ammunition therefor by the holder of a hunting license or permit  issued
    12  pursuant  to  article  eleven  of the environmental conservation law and
    13  used in accordance with said law shall not be governed by this section.
    14    A person who violates the provisions of this section shall be adjudged
    15  a juvenile delinquent.
    16    § 1-a. Section 265.05 of the penal law, as amended by section  one  of
    17  this act, is amended to read as follows:
    18  § 265.05 Unlawful  possession  of  weapons  by persons under [seventeen]
    19             eighteen.
    20    It shall be unlawful for any person under the age of [seventeen] eigh-
    21  teen to possess any air-gun, spring-gun or other instrument or weapon in
    22  which the propelling force is a spring or air, or any gun or any instru-
    23  ment or weapon in or upon which any loaded or blank  cartridges  may  be
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04563-01-9

        S. 670                              2
     1  used,  or  any loaded or blank cartridges or ammunition therefor, or any
     2  dangerous knife; provided that the possession of  rifle  or  shotgun  or
     3  ammunition  therefor by the holder of a hunting license or permit issued
     4  pursuant  to  article  eleven  of the environmental conservation law and
     5  used in accordance with said law shall not be governed by this section.
     6    A person who violates the provisions of this section shall be adjudged
     7  a juvenile delinquent.
     8    § 2. Subdivision 5 of section 265.10 of the penal law, as  amended  by
     9  chapter 189 of the laws of 2000, is amended to read as follows:
    10    5.  Any person who disposes of any of the weapons, instruments, appli-
    11  ances or substances specified in section  265.05  to  any  other  person
    12  under the age of [sixteen] seventeen years is guilty of a class A misde-
    13  meanor.
    14    § 2-a. Subdivision 5 of section 265.10 of the penal law, as amended by
    15  section two of this act, is amended to read as follows:
    16    5.  Any person who disposes of any of the weapons, instruments, appli-
    17  ances or substances specified in section  265.05  to  any  other  person
    18  under  the  age  of  [seventeen]  eighteen  years is guilty of a class A
    19  misdemeanor.
    20    § 3. Subdivision 1 of section 399-s of the general  business  law,  as
    21  added by chapter 313 of the laws of 1989, is amended to read as follows:
    22    1.  In each mercantile establishment in this state where air rifles or
    23  air guns are sold, a notice must be posted in a conspicuous  place,  and
    24  in  close proximity to any air rifle or air gun displayed for sale, that
    25  in legible format states: "Except under supervision at a shooting  range
    26  or for hunting pursuant to license, Section 265.05 of the New York State
    27  Penal  Law  makes  it unlawful for any person under the age of [sixteen]
    28  seventeen years to possess an air rifle or air gun."
    29    § 3-a. Subdivision 1 of section 399-s of the general business law,  as
    30  amended by section three of this act, is amended to read as follows:
    31    1.  In each mercantile establishment in this state where air rifles or
    32  air guns are sold, a notice must be posted in a conspicuous  place,  and
    33  in  close proximity to any air rifle or air gun displayed for sale, that
    34  in legible format states: "Except under supervision at a shooting  range
    35  or for hunting pursuant to license, Section 265.05 of the New York State
    36  Penal  Law makes it unlawful for any person under the age of [seventeen]
    37  eighteen years to possess an air rifle or air gun."
    38    § 4. This act shall take effect October 1,  2019;  provided,  however,
    39  sections one-a, two-a, and three-a of this act shall take effect October
    40  1, 2020.