STATE OF NEW YORK
________________________________________________________________________
6401--A
2019-2020 Regular Sessions
IN SENATE
June 7, 2019
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13021-05-0
S. 6401--A 2
1 7. Possession, at an indoor or outdoor shooting range for the purpose
2 of loading and firing, of a rifle or shotgun, the propelling force of
3 which is gunpowder by a person under sixteen years of age but not under
4 twelve, under the immediate supervision, guidance and instruction of (a)
5 a duly commissioned officer of the United States army, navy, air force,
6 marine corps or coast guard, or of the national guard of the state of
7 New York; or (b) a duly qualified adult citizen of the United States who
8 has been granted a certificate as an instructor in small arms practice
9 issued by the United States army, navy, air force or marine corps, or by
10 the adjutant general of this state, [or] by the national rifle associ-
11 ation of America, a not-for-profit corporation duly organized under the
12 laws of this state, or by a New York state 4-H certified shooting sports
13 instructor; or (c) a parent, guardian, or a person over the age of eigh-
14 teen designated in writing by such parent or guardian who shall have a
15 certificate of qualification in responsible hunting, including safety,
16 ethics, and landowner relations-hunter relations, issued or honored by
17 the department of environmental conservation; or (d) an agent of the
18 department of environmental conservation appointed to conduct courses in
19 responsible hunting practices pursuant to article eleven of the environ-
20 mental conservation law.
21 7-c. Possession for the purpose of loading and firing, of a rifle,
22 pistol or shotgun, the propelling force of which may be either air,
23 compressed gas or springs, by a person under sixteen years of age but
24 not under twelve, under the immediate supervision, guidance and instruc-
25 tion of (a) a duly commissioned officer of the United States army, navy,
26 marine corps or coast guard, or of the national guard of the state of
27 New York; or (b) a duly qualified adult citizen of the United States who
28 has been granted a certificate as an instructor in small arms practice
29 issued by the United States army, navy or marine corps, or by the adju-
30 tant general of this state, [or] by the national rifle association of
31 America, a not-for-profit corporation duly organized under the laws of
32 this state, or by a New York state 4-H certified shooting sports
33 instructor; or (c) a parent, guardian, or a person over the age of eigh-
34 teen designated in writing by such parent or guardian who shall have a
35 certificate of qualification in responsible hunting, including safety,
36 ethics, and landowner relations-hunter relations, issued or honored by
37 the department of environmental conservation.
38 7-d. Possession, at an indoor or outdoor shooting range for the
39 purpose of loading and firing, of a rifle, pistol or shotgun, the
40 propelling force of which may be either air, compressed gas or springs,
41 by a person under twelve years of age, under the immediate supervision,
42 guidance and instruction of (a) a duly commissioned officer of the
43 United States army, navy, marine corps or coast guard, or of the
44 national guard of the state of New York; or (b) a duly qualified adult
45 citizen of the United States who has been granted a certificate as an
46 instructor in small arms practice issued by the United States army, navy
47 or marine corps, or by the adjutant general of this state, [or] by the
48 national rifle association of America, a not-for-profit corporation duly
49 organized under the laws of this state, or by a New York state 4-H
50 certified shooting sports instructor; or (c) a parent, guardian, or a
51 person over the age of eighteen designated in writing by such parent or
52 guardian who shall have a certificate of qualification in responsible
53 hunting, including safety, ethics, and landowner relations-hunter
54 relations, issued or honored by the department of environmental conser-
55 vation.
S. 6401--A 3
1 § 3. Section 265.00 of the penal law is amended by adding a new subdi-
2 vision 31 to read as follows:
3 31. "New York state 4-H certified shooting instructor" means a certi-
4 fied shooting sports instructor of the National 4-H Shooting Sports, a
5 non-profit organization, engaged in shooting education and youth devel-
6 opment programming that is administered by the National Institute of
7 Food and Agriculture of the United States department of agriculture.
8 § 4. This act shall take effect immediately.