STATE OF NEW YORK
        ________________________________________________________________________

                                          1456

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 12, 2021
                                       ___________

        Introduced  by  Sen. BRESLIN -- 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 criminal possession  of  a
          weapon

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

     1    Section 1. Section 265.01 of the penal law, as amended by chapter 1 of
     2  the laws of 2013, subdivision 1 as amended by chapter 34 and subdivision
     3  2 as amended by chapter 146 of the laws of 2019, is amended to  read  as
     4  follows:
     5  § 265.01 Criminal possession of a weapon in the fourth degree.
     6    A  person  is  guilty of criminal possession of a weapon in the fourth
     7  degree when:
     8    (1) He or she possesses any firearm, electronic dart  gun,  electronic
     9  stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife,
    10  cane  sword,  billy, blackjack, bludgeon, plastic knuckles, metal knuck-
    11  les, chuka stick, sand bag,  sandclub,  wrist-brace  type  slingshot  or
    12  slungshot, shirken, or "Kung Fu star";
    13    (2)  He  or  she possesses any dagger, dangerous knife, dirk, machete,
    14  razor, stiletto, imitation  pistol,  undetectable  knife  or  any  other
    15  dangerous  or  deadly  instrument  or weapon with intent to use the same
    16  unlawfully against another; or
    17    (3)[; or
    18    (4) He possesses a  rifle,  shotgun,  antique  firearm,  black  powder
    19  rifle, black powder shotgun, or any muzzle-loading firearm, and has been
    20  convicted of a felony or serious offense; or
    21    (5)  He  possesses any dangerous or deadly weapon and is not a citizen
    22  of the United States; or
    23    (6) He is a person who has been certified not suitable  to  possess  a
    24  rifle  or  shotgun, as defined in subdivision sixteen of section 265.00,
    25  and refuses to yield possession of such rifle or shotgun upon the demand

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03867-01-1

        S. 1456                             2

     1  of a police officer. Whenever a person  is  certified  not  suitable  to
     2  possess  a  rifle or shotgun, a member of the police department to which
     3  such certification is made, or of  the  state  police,  shall  forthwith
     4  seize  any rifle or shotgun possessed by such person. A rifle or shotgun
     5  seized as herein provided shall not be destroyed, but shall be delivered
     6  to the headquarters of such police  department,  or  state  police,  and
     7  there retained until the aforesaid certificate has been rescinded by the
     8  director  or  physician in charge, or other disposition of such rifle or
     9  shotgun has been ordered or authorized by a court of competent jurisdic-
    10  tion.
    11    (7) He knowingly possesses a bullet containing an explosive  substance
    12  designed to detonate upon impact.
    13    (8)  He possesses any armor piercing ammunition with intent to use the
    14  same unlawfully against another].
    15    Criminal possession of a weapon in the fourth  degree  is  a  class  A
    16  misdemeanor.
    17    § 2. Section 265.02 of the penal law, as amended by chapter 764 of the
    18  laws  of  2005,  subdivision  8  as amended and subdivisions 9 and 10 as
    19  added by chapter 1 of the laws of 2013, is amended to read as follows:
    20  § 265.02 Criminal possession of a weapon in the third degree.
    21    A person is guilty of criminal possession of a  weapon  in  the  third
    22  degree when:
    23    (1)  Such  person commits the crime of criminal possession of a weapon
    24  in the fourth degree as defined in subdivision one, two[,] or three  [or
    25  five] of section 265.01, and has been previously convicted of any crime;
    26  or
    27    (2) Such person possesses any explosive or incendiary bomb, bombshell,
    28  firearm  silencer, machine-gun or any other firearm or weapon simulating
    29  a machine-gun and which is adaptable for such use; or
    30    (3) Such person knowingly possesses a machine-gun, firearm,  rifle  or
    31  shotgun  which  has  been  defaced  for  the  purpose  of concealment or
    32  prevention of the detection of a crime or misrepresenting  the  identity
    33  of such machine-gun, firearm, rifle or shotgun; or
    34    (5)  (i)  Such  person  possesses three or more firearms; or (ii) such
    35  person possesses a firearm and has been previously convicted of a felony
    36  or a class A misdemeanor defined in this chapter [within the five  years
    37  immediately preceding the commission of the offense] and such possession
    38  did not take place in the person's home or place of business; or
    39    (6) Such person knowingly possesses any disguised gun; or
    40    (7) Such person possesses an assault weapon; or
    41    (8)  Such person possesses a large capacity ammunition feeding device.
    42  For purposes of this subdivision, a large  capacity  ammunition  feeding
    43  device shall not include an ammunition feeding device lawfully possessed
    44  by  such  person before the effective date of the chapter of the laws of
    45  two thousand thirteen which amended this subdivision, that has a capaci-
    46  ty of, or that can be readily restored or converted to accept more  than
    47  seven  but  less  than eleven rounds of ammunition, or that was manufac-
    48  tured before September thirteenth, nineteen  hundred  ninety-four,  that
    49  has  a  capacity  of,  or  that  can be readily restored or converted to
    50  accept, more than ten rounds of ammunition; or
    51    (9) Such person possesses an unloaded firearm and also commits a  drug
    52  trafficking felony as defined in subdivision twenty-one of section 10.00
    53  of this chapter as part of the same criminal transaction; or
    54    (10)  Such  person  possesses an unloaded firearm and also commits any
    55  violent felony offense as defined in subdivision one of section 70.02 of
    56  this chapter as part of the same criminal transaction[.]; or

        S. 1456                             3

     1    (11) Such person possesses a rifle, shotgun,  antique  firearm,  black
     2  powder  rifle,  black powder shotgun, or any muzzle-loading firearm, and
     3  has been convicted of a felony or serious offense; or
     4    (12)  Such  person  is a person who has been certified not suitable to
     5  possess a rifle or shotgun, as defined in subdivision sixteen of section
     6  265.00, and refuses to yield possession of such rifle  or  shotgun  upon
     7  the demand of a police officer. Whenever a person is certified not suit-
     8  able to possess a rifle or shotgun, a member of the police department to
     9  which  such  certification is made, or of the state police, shall forth-
    10  with seize any rifle or shotgun possessed by such  person.  A  rifle  or
    11  shotgun  seized  as herein provided shall not be destroyed, but shall be
    12  delivered to the  headquarters  of  such  police  department,  or  state
    13  police,  and  there  retained  until  the aforesaid certificate has been
    14  rescinded by the director or physician in charge, or  other  disposition
    15  of  such  rifle  or shotgun has been ordered or authorized by a court of
    16  competent jurisdiction; or
    17    (13) Such person knowingly possesses a bullet containing an  explosive
    18  substance designed to detonate upon impact; or
    19    (14)  Such  person possesses any armor piercing ammunition with intent
    20  to use the same unlawfully against another.
    21    Criminal possession of a weapon in the third degree is a class D felo-
    22  ny.
    23    § 3. Paragraph 5 of subdivision a of section 265.20 of the penal  law,
    24  as  amended  by  chapter  235 of the laws of 2007, is amended to read as
    25  follows:
    26    5. Possession of a rifle or shotgun by a person other  than  a  person
    27  who  has  been  convicted  of  a  class  A-I  felony or a violent felony
    28  offense, as defined in subdivision one of section 70.02 of this chapter,
    29  who has been convicted  as  specified  in  subdivision  [four]  nine  of
    30  section  [265.01]  265.02 to whom a certificate of good conduct has been
    31  issued pursuant to section seven hundred three-b of the correction law.
    32    § 4. This act shall take effect on the ninetieth day  after  it  shall
    33  have become a law.