STATE OF NEW YORK
________________________________________________________________________
3420
2023-2024 Regular Sessions
IN SENATE
January 31, 2023
___________
Introduced by Sen. O'MARA -- 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 stolen firearms, shotguns
and rifles; 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. Section 265.04 of the penal law, as amended by chapter 764
2 of the laws of 2005, is amended to read as follows:
3 § 265.04 Criminal possession of a weapon in the first degree.
4 A person is guilty of criminal possession of a weapon in the first
5 degree when such person:
6 (1) possesses any explosive substance with intent to use the same
7 unlawfully against the person or property of another; [or]
8 (2) possesses ten or more firearms[.]; or
9 (3) knowingly possesses a firearm, rifle or shotgun that was stolen.
10 Criminal possession of a weapon in the first degree is a class B felo-
11 ny.
12 § 2. Subdivision 1 of section 265.09 of the penal law, as amended by
13 chapter 650 of the laws of 1996, is amended to read as follows:
14 (1) A person is guilty of criminal use of a firearm in the first
15 degree when he or she:
16 (a) commits any class B violent felony offense as defined in paragraph
17 (a) of subdivision one of section 70.02 and he or she either:
18 [(a)](i) possesses a deadly weapon, if the weapon is a loaded weapon
19 from which a shot, readily capable of producing death or other serious
20 injury may be discharged; or
21 [(b)](ii) displays what appears to be a pistol, revolver, rifle, shot-
22 gun, machine gun or other firearm[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08297-01-3
S. 3420 2
1 (b) commits any felony offense defined in article 120, 125, 130, 135,
2 140, 155, or 160 of the penal law while knowingly possessing a firearm,
3 rifle or shotgun that is stolen.
4 Criminal use of a firearm in the first degree is a class B felony.
5 § 3. Section 265.13 of the penal law, as amended by section 1 of
6 subpart A of part UU of chapter 56 of the laws of 2022, is amended to
7 read as follows:
8 § 265.13 Criminal sale of a firearm in the first degree.
9 A person is guilty of criminal sale of a firearm in the first degree
10 when such person:
11 (1) unlawfully sells, exchanges, gives or disposes of to another ten
12 or more firearms; [or]
13 (2) unlawfully sells, exchanges, gives or disposes of to another
14 person or persons a total of three or more firearms in a period of not
15 more than one year; or
16 (3) unlawfully sells, exchanges, gives or disposes of to another
17 person or persons a firearm, rifle or shotgun that he or she knows to be
18 stolen.
19 Criminal sale of a firearm in the first degree is a class B felony.
20 § 4. Subdivision 7 of section 155.30 of the penal law is REPEALED.
21 § 5. Section 155.42 of the penal law, as added by chapter 515 of the
22 laws of 1986, is amended to read as follows:
23 § 155.42 Grand larceny in the first degree.
24 A person is guilty of grand larceny in the first degree when he or she
25 steals property and when [the]:
26 1. The value of the property exceeds one million dollars; or
27 2. The property consists of one or more firearms, rifles or shotguns,
28 as such terms are defined in section 265.00 of this chapter.
29 Grand larceny in the first degree is a class B felony.
30 § 6. This act shall take effect on the first of November next succeed-
31 ing the date upon which it shall have become a law.