S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2388
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 17, 2013
                                      ___________
       Introduced  by  Sen.  ADAMS  -- 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 failure to report  a  lost
         or stolen firearm
         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  three  new  sections
    2  265.21, 265.22 and 265.23 to read as follows:
    3  S 265.21 FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
    4             IN THE THIRD DEGREE.
    5    A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS  OF  A  FIREARM,
    6  RIFLE  OR SHOTGUN IN THE THIRD DEGREE WHEN HE OR SHE INTENTIONALLY FAILS
    7  TO REPORT SUCH THEFT OR LOSS AS PRESCRIBED IN  SECTION  400.10  OF  THIS
    8  CHAPTER.
    9    A  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL HAVE ANY
   10  LICENSE VALIDLY ISSUED, AS PROVIDED UNDER SECTION 400.00 OF  THIS  CHAP-
   11  TER, SUSPENDED.
   12    FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
   13  THIRD DEGREE IS A CLASS D FELONY.
   14  S 265.22 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR  SHOTGUN
   15             IN THE SECOND DEGREE.
   16    A  PERSON  IS  GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
   17  RIFLE OR SHOTGUN IN THE SECOND DEGREE WHEN HE OR SHE HAS PREVIOUSLY BEEN
   18  CONVICTED OF FAILURE TO REPORT THEFT OR LOSS  OF  A  FIREARM,  RIFLE  OR
   19  SHOTGUN  IN THE THIRD DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
   20  SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
   21    A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION  SHALL  HAVE  ANY
   22  LICENSE  VALIDLY  ISSUED, AS PROVIDED UNDER SECTION 400.00 OF THIS CHAP-
   23  TER, REVOKED.
   24    FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN  THE
   25  SECOND DEGREE IS A CLASS C FELONY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02189-02-3
       S. 2388                             2
    1  S 265.23 FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
    2             IN THE FIRST DEGREE.
    3    A  PERSON  IS  GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
    4  RIFLE OR SHOTGUN IN THE FIRST DEGREE WHEN HE OR SHE HAS PREVIOUSLY  BEEN
    5  CONVICTED  OF  FAILURE  TO  REPORT  THEFT OR LOSS OF A FIREARM, RIFLE OR
    6  SHOTGUN IN THE SECOND DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
    7  SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
    8    FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN  THE
    9  FIRST DEGREE IS A CLASS B FELONY.
   10    S  2.  Subdivision 3 of section 400.00 of the penal law, is amended by
   11  adding a new paragraph (c) to read as follows:
   12    (C) ALL APPLICATIONS AND RENEWALS OF A LICENSE TO CARRY OR  POSSESS  A
   13  FIREARM  SHALL  INCLUDE  A  PROVISION,  TO BE APPROVED AS TO FORM BY THE
   14  SUPERINTENDENT OF STATE  POLICE,  DETAILING  THE  CRIMES  PRESCRIBED  IN
   15  SECTIONS 265.21, 265.22, AND 265.23 OF THIS CHAPTER.
   16    S 3. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.