STATE OF NEW YORK
        ________________________________________________________________________

                                          4038

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced  by M. of A. SALKA -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to lowering from 12 years  to
          10 years the minimum age of a child authorized to engage in supervised
          loading  and  firing  of  rifles, shotguns and pistols, and increasing
          from 18 years to 21 years the minimum age of the designated supervisor
          of such a child

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

     1    Section  1.  Paragraphs  7,  7-c  and  7-d of subdivision a of section
     2  265.20 of the penal law, as amended by chapter 150 of the laws of  2020,
     3  are amended to 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 under
     7  [twelve] ten, under the immediate supervision, guidance and  instruction
     8  of  (a) a duly commissioned officer of the United States army, navy, air
     9  force, 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,  air  force  or  marine
    13  corps,  or  by the adjutant general of this state, by the national rifle
    14  association of America,  a  not-for-profit  corporation  duly  organized
    15  under  the  laws  of  this  state,  or by a New York state 4-H certified
    16  shooting sports instructor; or (c) a parent, guardian, or a person  over
    17  the age of [eighteen] twenty-one designated in writing by such parent or
    18  guardian  who  shall  have a certificate of qualification in responsible
    19  hunting,  including  safety,  ethics,  and  landowner   relations-hunter
    20  relations,  issued or honored by the department of environmental conser-
    21  vation; or (d) an agent of the department of environmental  conservation

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07876-01-1

        A. 4038                             2

     1  appointed  to  conduct courses in responsible hunting practices pursuant
     2  to article eleven of the environmental conservation law.
     3    7-c.  Possession  for  the  purpose of loading and firing, of a rifle,
     4  pistol or shotgun, the propelling force of  which  may  be  either  air,
     5  compressed  gas  or  springs, by a person under sixteen years of age but
     6  not under [twelve] ten, under the immediate  supervision,  guidance  and
     7  instruction  of  (a)  a  duly  commissioned officer of the United States
     8  army, navy, marine corps or coast guard, or of the national guard of the
     9  state of New York; or (b) a duly qualified adult citizen of  the  United
    10  States who has been granted a certificate as an instructor in small arms
    11  practice  issued  by the United States army, navy or marine corps, or by
    12  the adjutant general of this state, by the national rifle association of
    13  America, a not-for-profit corporation duly organized under the  laws  of
    14  this  state,  or  by  a  New  York  state  4-H certified shooting sports
    15  instructor; or (c) a parent, guardian, or  a  person  over  the  age  of
    16  [eighteen]  twenty-one  designated in writing by such parent or guardian
    17  who shall have a certificate of qualification  in  responsible  hunting,
    18  including  safety,  ethics,  and  landowner  relations-hunter relations,
    19  issued or honored by the department of environmental conservation.
    20    7-d. Possession, at an  indoor  or  outdoor  shooting  range  for  the
    21  purpose  of  loading  and  firing,  of  a  rifle, pistol or shotgun, the
    22  propelling force of which may be either air, compressed gas or  springs,
    23  by  a person under [twelve] ten years of age, under the immediate super-
    24  vision, guidance and instruction of (a) a duly commissioned  officer  of
    25  the  United  States  army,  navy, marine corps or coast guard, or of the
    26  national guard of the state of New York; or (b) a duly  qualified  adult
    27  citizen  of  the  United States who has been granted a certificate as an
    28  instructor in small arms practice issued by the United States army, navy
    29  or marine corps, or by the  adjutant  general  of  this  state,  by  the
    30  national rifle association of America, a not-for-profit corporation duly
    31  organized  under  the  laws  of  this  state, or by a New York state 4-H
    32  certified shooting sports instructor; or (c) a parent,  guardian,  or  a
    33  person  over  the  age of [eighteen] twenty-one designated in writing by
    34  such parent or guardian who shall have a certificate of qualification in
    35  responsible hunting, including safety, ethics, and landowner  relations-
    36  hunter  relations,  issued or honored by the department of environmental
    37  conservation.
    38    § 2. This act shall take effect on the thirtieth day  after  it  shall
    39  have become a law.