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.