S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3485
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2013
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend  the  penal  law,  in relation to redefining the term
         "disguised gun" to include any rifle, pistol, shotgun  or  machine-gun
         resembling  a  toy  gun and prohibiting the possession, manufacture or
         design thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 20 of section 265.00 of the penal law, as added
    2  by chapter 378 of the laws of 1998, is amended to read as follows:
    3    20.  "Disguised  gun"  means  any  weapon  or  device capable of being
    4  concealed on the person from which a shot can be discharged through  the
    5  energy  of  an  explosive  and  is designed and intended to appear to be
    6  EITHER; (A) something other than a gun; OR (B)  A  TOY  GUN  THAT  SHALL
    7  INCLUDE,   BUT  NOT  BE  LIMITED  TO,  ANY  RIFLE,  PISTOL,  SHOTGUN  OR
    8  MACHINE-GUN DISPLAYING A COLOR FINISH OTHER THAN THE  ORIGINAL  MANUFAC-
    9  TURE  COLOR,  A  DECORATIVE  PATTERN  OR PLASTIC LIKE SURFACE; PROVIDED,
   10  HOWEVER, THAT ANY RIFLE OR SHOTGUN DISPLAYING A CAMOUFLAGE COLOR  FINISH
   11  OR PATTERN THAT IS INTENDED FOR HUNTING, AS DEFINED BY ARTICLE ELEVEN OF
   12  THE ENVIRONMENTAL CONSERVATION LAW, SHALL NOT BE CONSIDERED A "DISGUISED
   13  GUN" FOR PURPOSES OF THIS SECTION.
   14    S 2. Section 265.10 of the penal law is amended by adding a new subdi-
   15  vision 8 to read as follows:
   16    8.  ANY  PERSON,  DEALER,  FIRM, PARTNERSHIP OR CORPORATION WHO INTEN-
   17  TIONALLY DESIGNS OR TRANSFORMS A RIFLE, PISTOL, SHOTGUN  OR  MACHINE-GUN
   18  TO  RESEMBLE  A  TOY  GUN  BY EITHER ALTERING OR CONCEALING THE ORIGINAL
   19  COLOR OR SURFACE OF THE GUN WITH THE PURPOSE OF SELLING SUCH  WEAPON  IS
   20  GUILTY OF A CLASS D FELONY.
   21    S 3. This act shall take effect on the first of November next succeed-
   22  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04454-01-3