STATE OF NEW YORK
________________________________________________________________________
455
2019-2020 Regular Sessions
IN SENATE
(Prefiled)
January 9, 2019
___________
Introduced by Sen. ORTT -- 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 removing the maximum age
limit for firearms instruction exemptions
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph 7 of subdivision (a) of section 265.20 of the
2 penal law, as amended by chapter 180 of the laws of 1998, is amended to
3 read as follows:
4 7. Possession, at an indoor or outdoor shooting range for the purpose
5 of loading and firing, of a rifle or shotgun, the propelling force of
6 which is gunpowder by a person [under sixteen years of age but] not
7 under twelve years of age, under the immediate supervision, guidance and
8 instruction of (a) a duly commissioned officer of the United States
9 army, navy, air force, marine corps or coast guard, or of the national
10 guard of the state of New York; or (b) a duly qualified adult citizen of
11 the United States who has been granted a certificate as an instructor in
12 small arms practice issued by the United States army, navy, air force or
13 marine corps, or by the adjutant general of this state, or by the
14 national rifle association of America, a not-for-profit corporation duly
15 organized under the laws of this state; or (c) a parent, guardian, or a
16 person over the age of eighteen designated in writing by such parent or
17 guardian who shall have a certificate of qualification in responsible
18 hunting, including safety, ethics, and landowner relations-hunter
19 relations, issued or honored by the department of environmental conser-
20 vation; or (d) an agent of the department of environmental conservation
21 appointed to conduct courses in responsible hunting practices pursuant
22 to article eleven of the environmental conservation law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02723-01-9
S. 455 2
1 § 2. Paragraph 7-c of subdivision (a) of section 265.20 of the penal
2 law, as added by chapter 651 of the laws of 1996, is amended to read as
3 follows:
4 7-c. Possession for the purpose of loading and firing, of a rifle,
5 pistol or shotgun, the propelling force of which may be either air,
6 compressed gas or springs, by a person [under sixteen years of age but]
7 not under twelve years of age, under the immediate supervision, guidance
8 and instruction of (a) a duly commissioned officer of the United States
9 army, navy, marine corps or coast guard, or of the national guard of the
10 state of New York; or (b) a duly qualified adult citizen of the United
11 States who has been granted a certificate as an instructor in small arms
12 practice issued by the United States army, navy or marine corps, or by
13 the adjutant general of this state, or by the national rifle association
14 of America, a not-for-profit corporation duly organized under the laws
15 of this state; or (c) a parent, guardian, or a person over the age of
16 eighteen designated in writing by such parent or guardian who shall have
17 a certificate of qualification in responsible hunting, including safety,
18 ethics, and landowner relations-hunter relations, issued or honored by
19 the department of environmental conservation.
20 § 3. Paragraph 7-e of subdivision (a) of section 265.20 of the penal
21 law, as amended by chapter 281 of the laws of 2006, is amended to read
22 as follows:
23 7-e. Possession and use of a pistol or revolver, at an indoor or
24 outdoor pistol range located in or on premises owned or occupied by a
25 duly incorporated organization organized for conservation purposes or to
26 foster proficiency in small arms or at a target pistol shooting competi-
27 tion under the auspices of or approved by an association or organization
28 described in paragraph [7-a] seven-a of this subdivision for the purpose
29 of loading and firing the same by a person at least fourteen years of
30 age [but under the age of twenty-one] who has not been previously
31 convicted of a felony or serious offense, and who does not appear to be,
32 or pose a threat to be, a danger to himself or to others; provided
33 however, that such possession shall be of a pistol or revolver duly
34 licensed to and shall be used under the immediate supervision, guidance
35 and instruction of, a person specified in paragraph seven of this subdi-
36 vision.
37 § 4. This act shall take effect immediately.