STATE OF NEW YORK
________________________________________________________________________
7796
IN SENATE
January 11, 2022
___________
Introduced by Sen. BROOKS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 7796 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.