S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2919
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 25, 2013
                                      ___________
       Introduced  by  Sen. BRESLIN -- 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 criminal possession  of  a
         weapon
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 265.01 of the penal law, as amended by chapter 1 of
    2  the laws of 2013, is amended to read as follows:
    3  S 265.01 Criminal possession of a weapon in the fourth degree.
    4    A person is guilty of criminal possession of a weapon  in  the  fourth
    5  degree when:
    6    (1)  He  or she possesses any firearm, electronic dart gun, electronic
    7  stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
    8  knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
    9  metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
   10  shot or slungshot, shirken or "Kung Fu star"; or
   11    (2) He possesses any dagger, dangerous knife, dirk,  razor,  stiletto,
   12  imitation  pistol, or any other dangerous or deadly instrument or weapon
   13  with intent to use the same unlawfully against another; or
   14    (3)[; or
   15    (4) He possesses a  rifle,  shotgun,  antique  firearm,  black  powder
   16  rifle, black powder shotgun, or any muzzle-loading firearm, and has been
   17  convicted of a felony or serious offense; or
   18    (5)]  He possesses any dangerous or deadly weapon and is not a citizen
   19  of the United States[; or
   20    (6) He is a person who has been certified not suitable  to  possess  a
   21  rifle  or  shotgun, as defined in subdivision sixteen of section 265.00,
   22  and refuses to yield possession of such rifle or shotgun upon the demand
   23  of a police officer. Whenever a person  is  certified  not  suitable  to
   24  possess  a  rifle or shotgun, a member of the police department to which
   25  such certification is made, or of  the  state  police,  shall  forthwith
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06946-02-3
       S. 2919                             2
    1  seize  any rifle or shotgun possessed by such person. A rifle or shotgun
    2  seized as herein provided shall not be destroyed, but shall be delivered
    3  to the headquarters of such police  department,  or  state  police,  and
    4  there retained until the aforesaid certificate has been rescinded by the
    5  director  or  physician in charge, or other disposition of such rifle or
    6  shotgun has been ordered or authorized by a court of competent jurisdic-
    7  tion.
    8    (7) He knowingly possesses a bullet containing an explosive  substance
    9  designed to detonate upon impact.
   10    (8)  He possesses any armor piercing ammunition with intent to use the
   11  same unlawfully against another].
   12    Criminal possession of a weapon in the fourth  degree  is  a  class  A
   13  misdemeanor.
   14    S 2. Section 265.02 of the penal law, as amended by chapter 764 of the
   15  laws  of  2005,  subdivision  8  as amended and subdivisions 9 and 10 as
   16  added by chapter 1 of the laws of 2013, is amended to read as follows:
   17  S 265.02 Criminal possession of a weapon in the third degree.
   18    A person is guilty of criminal possession of a  weapon  in  the  third
   19  degree when:
   20    (1)  Such  person commits the crime of criminal possession of a weapon
   21  in the fourth degree as defined in subdivision one, two, three or [five]
   22  FOUR of section 265.01, and has been previously convicted of any  crime;
   23  or
   24    (2) Such person possesses any explosive or incendiary bomb, bombshell,
   25  firearm  silencer, machine-gun or any other firearm or weapon simulating
   26  a machine-gun and which is adaptable for such use; or
   27    (3) Such person knowingly possesses a machine-gun, firearm,  rifle  or
   28  shotgun  which  has  been  defaced  for  the  purpose  of concealment or
   29  prevention of the detection of a crime or misrepresenting  the  identity
   30  of such machine-gun, firearm, rifle or shotgun; or
   31    (5)  (i)  Such  person  possesses three or more firearms; or (ii) such
   32  person possesses a firearm and has been previously convicted of a felony
   33  or a class A misdemeanor defined in this chapter [within the five  years
   34  immediately preceding the commission of the offense] and such possession
   35  did not take place in the person's home or place of business; or
   36    (6) Such person knowingly possesses any disguised gun; or
   37    (7) Such person possesses an assault weapon; or
   38    (8)  Such person possesses a large capacity ammunition feeding device.
   39  For purposes of this subdivision, a large  capacity  ammunition  feeding
   40  device shall not include an ammunition feeding device lawfully possessed
   41  by  such  person before the effective date of the chapter of the laws of
   42  two thousand thirteen which amended this subdivision, that has a capaci-
   43  ty of, or that can be readily restored or converted to accept more  than
   44  seven  but  less  than eleven rounds of ammunition, or that was manufac-
   45  tured before September thirteenth, nineteen  hundred  ninety-four,  that
   46  has  a  capacity  of,  or  that  can be readily restored or converted to
   47  accept, more than ten rounds of ammunition; or
   48    (9) Such person possesses an unloaded firearm and also commits a  drug
   49  trafficking felony as defined in subdivision twenty-one of section 10.00
   50  of this chapter as part of the same criminal transaction; or
   51    (10)  Such  person  possesses an unloaded firearm and also commits any
   52  violent felony offense as defined in subdivision one of section 70.02 of
   53  this chapter as part of the same criminal transaction[.]; OR
   54    (11) SUCH PERSON POSSESSES A RIFLE, SHOTGUN,  ANTIQUE  FIREARM,  BLACK
   55  POWDER  RIFLE,  BLACK POWDER SHOTGUN, OR ANY MUZZLE-LOADING FIREARM, AND
   56  HAS BEEN CONVICTED OF A FELONY OR SERIOUS OFFENSE; OR
       S. 2919                             3
    1    (12) SUCH PERSON IS A PERSON WHO HAS BEEN CERTIFIED  NOT  SUITABLE  TO
    2  POSSESS A RIFLE OR SHOTGUN, AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION
    3  265.00,  AND  REFUSES  TO YIELD POSSESSION OF SUCH RIFLE OR SHOTGUN UPON
    4  THE DEMAND OF A POLICE OFFICER. WHENEVER A PERSON IS CERTIFIED NOT SUIT-
    5  ABLE TO POSSESS A RIFLE OR SHOTGUN, A MEMBER OF THE POLICE DEPARTMENT TO
    6  WHICH  SUCH  CERTIFICATION IS MADE, OR OF THE STATE POLICE, SHALL FORTH-
    7  WITH SEIZE ANY RIFLE OR SHOTGUN POSSESSED BY SUCH  PERSON.  A  RIFLE  OR
    8  SHOTGUN  SEIZED  AS HEREIN PROVIDED SHALL NOT BE DESTROYED, BUT SHALL BE
    9  DELIVERED TO THE  HEADQUARTERS  OF  SUCH  POLICE  DEPARTMENT,  OR  STATE
   10  POLICE,  AND  THERE  RETAINED  UNTIL  THE AFORESAID CERTIFICATE HAS BEEN
   11  RESCINDED BY THE DIRECTOR OR PHYSICIAN IN CHARGE, OR  OTHER  DISPOSITION
   12  OF  SUCH  RIFLE  OR SHOTGUN HAS BEEN ORDERED OR AUTHORIZED BY A COURT OF
   13  COMPETENT JURISDICTION; OR
   14    (13) SUCH PERSON KNOWINGLY POSSESSES A BULLET CONTAINING AN  EXPLOSIVE
   15  SUBSTANCE DESIGNED TO DETONATE UPON IMPACT; OR
   16    (14)  SUCH  PERSON POSSESSES ANY ARMOR PIERCING AMMUNITION WITH INTENT
   17  TO USE THE SAME UNLAWFULLY AGAINST ANOTHER.
   18    Criminal possession of a weapon in the third degree is a class D felo-
   19  ny.
   20    S 3. Paragraph 5 of subdivision a of section 265.20 of the penal  law,
   21  as  amended  by  chapter  235 of the laws of 2007, is amended to read as
   22  follows:
   23    5. Possession of a rifle or shotgun by a person other  than  a  person
   24  who  has  been  convicted  of  a  class  A-I  felony or a violent felony
   25  offense, as defined in subdivision one of section 70.02 of this chapter,
   26  who has been convicted  as  specified  in  subdivision  [four]  NINE  of
   27  section  [265.01]  265.02 to whom a certificate of good conduct has been
   28  issued pursuant to section seven hundred three-b of the correction law.
   29    S 4. This act shall take effect on the ninetieth day  after  it  shall
   30  have  become a law; provided, however, that if the amendments to section
   31  265.01 of the penal law made by section 40 of chapter 1 of the  laws  of
   32  2013  have  not  yet taken effect on such ninetieth day, then the amend-
   33  ments to section 265.01 of the penal law made by section one of this act
   34  shall take effect on the same date as section 40 of  chapter  1  of  the
   35  laws  of  2013,  takes effect; and provided, further, that if the amend-
   36  ments to section 265.02 of the penal law made by section 41-b of chapter
   37  1 of the laws of 2013 have not yet taken effect on  such  ninetieth  day
   38  then  the  amendments to section 265.02 of the penal law made by section
   39  two of this act shall take effect on the same date as  section  41-b  of
   40  chapter 1 of the laws of 2013, takes effect.