STATE OF NEW YORK
        ________________________________________________________________________

                                          9943

                   IN ASSEMBLY

                                     April 19, 2022
                                       ___________

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

        AN ACT to amend the penal law, in relation to the possession of a rifle,
          shotgun,  or other long gun by a person convicted of a felony or seri-
          ous offense; and to repeal certain provisions  of  such  law  relating
          thereto

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

     1    Section 1. Subdivisions 3 and 4 of section 265.01 of the penal law are
     2  REPEALED.
     3    § 2. Subdivision 10 of section 265.02 of the penal law,  as  added  by
     4  chapter  1  of  the laws of 2013, is amended and a new subdivision 11 is
     5  added to read as follows:
     6    (10) Such person possesses an unloaded firearm and  also  commits  any
     7  violent felony offense as defined in subdivision one of section 70.02 of
     8  this chapter as part of the same criminal transaction[.]; or
     9    (11)  Such  person  possesses a rifle, shotgun, antique firearm, black
    10  powder rifle, black powder shotgun, or any muzzle-loading  firearm,  and
    11  has been convicted of a felony or serious offense.
    12    §  3.  Subdivision 3 of section 265.03 of the penal law, as amended by
    13  chapter 745 of the laws of 2006, is amended and a new subdivision  4  is
    14  added to read as follows:
    15    (3)  such  person  possesses any loaded firearm. Such possession shall
    16  not, except as provided in subdivision one or seven of section 265.02 of
    17  this article,  constitute  a  violation  of  this  subdivision  if  such
    18  possession takes place in such person's home or place of business[.]; or
    19    (4)  such  person  possesses a loaded rifle, shotgun, antique firearm,
    20  black powder rifle, black powder shotgun, or any muzzle-loading firearm,
    21  and has been convicted of a felony or serious offense.
    22    § 4. Paragraph 5 of subdivision a of section 265.20 of the penal  law,
    23  as  amended  by  chapter  235  of  laws  of  2007, is amended to read as
    24  follows:
    25    5. Possession of a rifle or shotgun by a person other  than  a  person
    26  who  has  been  convicted  of  a  class  A-I  felony or a violent felony

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15304-01-2

        A. 9943                             2

     1  offense, as defined in subdivision one of section 70.02 of this chapter,
     2  who has been convicted as specified  in  [subdivision  four  of  section
     3  265.01]  subdivision  eleven  of  section 265.02 and subdivision four of
     4  section 265.03 of this article to whom a certificate of good conduct has
     5  been  issued pursuant to section seven hundred three-b of the correction
     6  law.
     7    § 5. This act shall take effect on the thirtieth day  after  it  shall
     8  have become a law.