S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          145
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  DIAZ  --  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 firearms
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding two new sections 265.45
    2  and 265.50 to read as follows:
    3  S 265.45 AGGRAVATED SALE OF A FIREARM.
    4    A PERSON IS GUILTY OF AGGRAVATED SALE OF A FIREARM  WHEN  SUCH  PERSON
    5  KNOWINGLY  AND  UNLAWFULLY  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF A
    6  FIREARM TO A PERSON WHICH HE OR SHE KNOWS HAS BEEN:
    7    1. USED IN THE COMMISSION OF A FELONY OFFENSE;
    8    2. STOLEN FROM ITS LAWFUL OWNER; OR
    9    3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00  OF  THIS
   10  ARTICLE.
   11    AGGRAVATED SALE OF A FIREARM IS A CLASS D FELONY.
   12  S 265.50 AGGRAVATED SALE OF A FIREARM TO A MINOR.
   13    A  PERSON  OVER  THE AGE OF EIGHTEEN IS GUILTY OF AGGRAVATED SALE OF A
   14  FIREARM TO A MINOR WHEN SUCH  PERSON  KNOWINGLY  AND  UNLAWFULLY  SELLS,
   15  EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO A PERSON WHO IS, OR WHO THE
   16  DEFENDANT  BELIEVES  TO  BE LESS THAN EIGHTEEN YEARS OF AGE, WHICH HE OR
   17  SHE KNOWS HAS BEEN:
   18    1. USED IN THE COMMISSION OF A FELONY OFFENSE;
   19    2. STOLEN FROM ITS LAWFUL OWNER; OR
   20    3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00  OF  THIS
   21  ARTICLE.
   22    AGGRAVATED SALE OF A FIREARM TO A MINOR IS A CLASS C FELONY.
   23    S  2.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
   24  penal law, paragraph (b) as amended by chapter 148 of the laws  of  2011
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01016-01-3
       S. 145                              2
    1  and  paragraph  (c)  as  amended by chapter 405 of the laws of 2010, are
    2  amended to read as follows:
    3    (b)  Class  C violent felony offenses: an attempt to commit any of the
    4  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
    5  vated criminally negligent homicide as defined in section 125.11, aggra-
    6  vated  manslaughter  in  the second degree as defined in section 125.21,
    7  aggravated sexual abuse in the  second  degree  as  defined  in  section
    8  130.67, assault on a peace officer, police officer, fireman or emergency
    9  medical services professional as defined in section 120.08, assault on a
   10  judge as defined in section 120.09, gang assault in the second degree as
   11  defined  in section 120.06, strangulation in the first degree as defined
   12  in section 121.13, burglary in the second degree as defined  in  section
   13  140.25, robbery in the second degree as defined in section 160.10, crim-
   14  inal  possession  of a weapon in the second degree as defined in section
   15  265.03, criminal use of a firearm in the second  degree  as  defined  in
   16  section  265.08,  criminal  sale  of  a  firearm in the second degree as
   17  defined in section 265.12, criminal sale of a firearm with the aid of  a
   18  minor  as  defined  in section 265.14, AGGRAVATED SALE OF A FIREARM TO A
   19  MINOR AS DEFINED IN SECTION 265.50, soliciting or providing support  for
   20  an  act  of  terrorism in the first degree as defined in section 490.15,
   21  hindering prosecution of terrorism in the second degree  as  defined  in
   22  section  490.30, and criminal possession of a chemical weapon or biolog-
   23  ical weapon in the third degree as defined in section 490.37.
   24    (c) Class D violent felony offenses: an attempt to commit any  of  the
   25  class C felonies set forth in paragraph (b); reckless assault of a child
   26  as defined in section 120.02, assault in the second degree as defined in
   27  section 120.05, menacing a police officer or peace officer as defined in
   28  section  120.18, stalking in the first degree, as defined in subdivision
   29  one of section 120.60, strangulation in the second degree as defined  in
   30  section  121.12, rape in the second degree as defined in section 130.30,
   31  criminal sexual act in the second degree as defined in  section  130.45,
   32  sexual abuse in the first degree as defined in section 130.65, course of
   33  sexual  conduct  against  a  child  in  the  second degree as defined in
   34  section 130.80, aggravated sexual abuse in the third degree  as  defined
   35  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   36  substance as defined in section 130.90, criminal possession of a  weapon
   37  in  the third degree as defined in subdivision five, six, seven or eight
   38  of section 265.02, criminal sale of a firearm in  the  third  degree  as
   39  defined  in  section  265.11,  intimidating  a  victim or witness in the
   40  second degree as defined in  section  215.16,  soliciting  or  providing
   41  support  for  an  act  of  terrorism  in the second degree as defined in
   42  section 490.10, and making a terroristic threat as  defined  in  section
   43  490.20,  falsely reporting an incident in the first degree as defined in
   44  section 240.60, placing a false bomb or hazardous substance in the first
   45  degree as defined in section 240.62, placing a false bomb  or  hazardous
   46  substance  in a sports stadium or arena, mass transportation facility or
   47  enclosed shopping mall as defined in section 240.63, AGGRAVATED SALE  OF
   48  A  FIREARM  AS DEFINED IN SECTION 265.45, and aggravated unpermitted use
   49  of indoor pyrotechnics in the first degree as defined in section 405.18.
   50    S 3. This act shall take effect on the first of November next succeed-
   51  ing the date on which it shall have become a law.