STATE OF NEW YORK
        ________________________________________________________________________

                                          8736

                   IN ASSEMBLY

                                    January 11, 2022
                                       ___________

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

        AN ACT to amend the penal  law,  in  relation  to  redefining  the  term
          "disguised  gun"  to  include  any  firearm  resembling  a toy gun and
          prohibiting the possession, manufacture or design thereof

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

     1    Section  1.  Subdivision  20  of  section  265.00 of the penal law, as
     2  amended by a chapter of the laws of 2021 amending the penal law relating
     3  to redefining the term "disguised gun" to  include  any  rifle,  pistol,
     4  shotgun  or  machine-gun  resembling  a  toy  gun  and  prohibiting  the
     5  possession, manufacture or design thereof, as  proposed  in  legislative
     6  bills numbers S. 7152 and A. 6522, is amended to read as follows:
     7    20.  "Disguised  gun"  means  any  weapon  or  device capable of being
     8  concealed on the person from which a shot can be discharged through  the
     9  energy  of  an  explosive  and  is designed and intended to appear to be
    10  either; (a) something other than a gun; or (b)  a  toy  gun  that  shall
    11  include, but not be limited to, any firearm, rifle, [pistol,] shotgun or
    12  machine-gun  displaying  a color finish other than the original manufac-
    13  ture color, a decorative pattern  or  plastic  like  surface;  provided,
    14  however,  that any rifle or shotgun displaying a camouflage color finish
    15  or pattern that is intended for hunting, as defined by article eleven of
    16  the environmental conservation law, shall not be considered a "disguised
    17  gun" for purposes of this section.
    18    § 2. Subdivision 8 of section 265.10 of the penal law, as added  by  a
    19  chapter  of the laws of 2021 amending the penal law relating to redefin-
    20  ing the term "disguised gun" to include any rifle,  pistol,  shotgun  or
    21  machine-gun  resembling  a toy gun and prohibiting the possession, manu-
    22  facture or design thereof, as proposed in legislative bills  numbers  S.
    23  7152 and A. 6522, is amended to read as follows:
    24    8.  Any  person,  dealer,  firm, partnership or corporation who inten-
    25  tionally designs or transforms a firearm, rifle,  [pistol,]  shotgun  or
    26  machine-gun  to  resemble a toy gun by either altering or concealing the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08969-02-2

        A. 8736                             2

     1  original color or surface of the gun with the purpose  of  selling  such
     2  weapon is guilty of a class D felony.
     3    §  3.  This  act  shall  take  effect on the same date and in the same
     4  manner as a chapter of the laws of 2021 amending the penal law  relating
     5  to  redefining  the  term  "disguised gun" to include any rifle, pistol,
     6  shotgun  or  machine-gun  resembling  a  toy  gun  and  prohibiting  the
     7  possession,  manufacture  or  design thereof, as proposed in legislative
     8  bills numbers S. 7152 and A. 6522, takes effect.