STATE OF NEW YORK
        ________________________________________________________________________

                                          2693

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 22, 2021
                                       ___________

        Introduced  by  Sen.  ORTT  --  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 removing the  maximum  age
          limit for firearms instruction exemptions

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

     1    Section 1. Paragraph 7 of subdivision (a) of  section  265.20  of  the
     2  penal  law, as amended by chapter 150 of the laws of 2020, is amended to
     3  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
     7  under twelve years of age, under the immediate supervision, guidance and
     8  instruction  of  (a)  a  duly  commissioned officer of the United States
     9  army, navy, air force, marine corps or coast guard, or of  the  national
    10  guard of the state of New York; or (b) a duly qualified adult citizen of
    11  the United States who has been granted a certificate as an instructor in
    12  small arms practice issued by the United States army, navy, air force or
    13  marine  corps, or by the adjutant general of this state, by the national
    14  rifle association of America, a not-for-profit corporation  duly  organ-
    15  ized  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 designated in writing by such parent or guardian who
    18  shall  have  a  certificate  of  qualification  in  responsible hunting,
    19  including safety,  ethics,  and  landowner  relations-hunter  relations,
    20  issued  or  honored  by the department of environmental conservation; or
    21  (d) an agent of the department of environmental  conservation  appointed
    22  to  conduct courses in responsible hunting practices pursuant to article
    23  eleven of the environmental conservation law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02191-01-1

        S. 2693                             2

     1    § 2. Paragraph 7-c of subdivision (a) of section 265.20 of  the  penal
     2  law,  as  amended by chapter 150 of the laws of 2020, is amended to read
     3  as follows:
     4    7-c.  Possession  for  the  purpose of loading and firing, of a rifle,
     5  pistol or shotgun, the propelling force of  which  may  be  either  air,
     6  compressed  gas or springs, by a person [under sixteen years of age but]
     7  not under twelve years of age, under the immediate supervision, guidance
     8  and instruction of (a) a duly commissioned officer of the United  States
     9  army, navy, 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 or marine corps,  or  by
    13  the adjutant general of this state, by the national rifle association of
    14  America,  a  not-for-profit corporation duly organized under the laws of
    15  this state, or by  a  New  York  state  4-H  certified  shooting  sports
    16  instructor; or (c) a parent, guardian, or a person over the age of eigh-
    17  teen  designated  in writing by such parent or guardian who shall have a
    18  certificate of qualification in responsible hunting,  including  safety,
    19  ethics,  and  landowner relations-hunter relations, issued or honored by
    20  the department of environmental conservation.
    21    § 3. Paragraph 7-e of subdivision (a) of section 265.20 of  the  penal
    22  law,  as  amended by chapter 281 of the laws of 2006, is amended to read
    23  as follows:
    24    7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
    25  outdoor  pistol  range  located in or on premises owned or occupied by a
    26  duly incorporated organization organized for conservation purposes or to
    27  foster proficiency in small arms or at a target pistol shooting competi-
    28  tion under the auspices of or approved by an association or organization
    29  described in paragraph [7-a] seven-a of this subdivision for the purpose
    30  of loading and firing the same by a person at least  fourteen  years  of
    31  age  [but  under  the  age  of  twenty-one]  who has not been previously
    32  convicted of a felony or serious offense, and who does not appear to be,
    33  or pose a threat to be, a danger  to  himself  or  to  others;  provided
    34  however,  that  such  possession  shall  be of a pistol or revolver duly
    35  licensed to and shall be used under the immediate supervision,  guidance
    36  and instruction of, a person specified in paragraph seven of this subdi-
    37  vision.
    38    § 4. This act shall take effect immediately.