A3900A-2011 Actions

• Jan 4, 2012: referred to codes
• Feb 8, 2011: print number 3900a
• Feb 8, 2011: amend and recommit to codes
• Jan 28, 2011: referred to codes

A3900A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3900--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 28, 2011
 
 Introduced by M. of A. LAVINE, ARROYO, COLTON, MAYERSOHN, McENENY, McDO
 NOUGH, KAVANAGH, M. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI,
 WEPRIN  -- read once and referred to the Committee on Codes -- commit
 tee discharged, bill amended, ordered reprinted as amended and  recom
 mitted to said committee
 

AN ACT to amend the penal law, in relation to prohibiting the possession
 of a loaded firearm at certain events involving public officials
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 265.04 of the penal law, as amended by chapter  764
 of the laws of 2005, is amended to read as follows:

 

S 265.04 Criminal possession of a weapon in the first degree.
 A  person  is  guilty  of criminal possession of a weapon in the first
 degree when such person:

 (1) possesses any explosive substance with  intent  to  use  the  same
 unlawfully against the person or property of another; or
 (2) possesses ten or more firearms[.]; OR
 (3) INTENTIONALLY POSSESSES A LOADED FIREARM (I) AT AN EVENT SPONSORED
 BY  AN  ELECTED  OFFICIAL  AT WHICH SUCH ELECTED OFFICIAL IS PRESENT, OR
 (II) AT A DEBATE OR CANDIDATE FORUM AT WHICH AN ELECTED  OFFICIAL  OR  A
 CANDIDATE FOR ELECTED OFFICE IS PRESENT, OR (III) IN A GOVERNMENT BUILD
 ING. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PEACE OFFI
 CER OR LAW ENFORCEMENT OFFICER EXERCISING HIS OR HER OFFICIAL DUTIES.
 Criminal possession of a weapon in the first degree is a class B felo
 ny.
 

S  2.  Subparagraphs  (b)  and  (c) of paragraph 1 of subdivision a of
 section 265.20 of the penal law, as added by chapter 843 of the laws  of
 1980, are amended to read as follows:

 (b)  Police  officers as defined in subdivision thirty-four of section
 1.20 of the criminal procedure law, EXCEPT AS PROVIDED IN SECTION 265.04
 OF THIS ARTICLE.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08126-03-1
 
       A. 3900--A                          2
 (c) Peace officers as defined by section 2.10 of the  criminal  proce
 dure law, EXCEPT AS PROVIDED IN SECTION 265.04 OF THIS ARTICLE.
 

S  3. Paragraph 3 of subdivision a of section 265.20 of the penal law,
 as amended by chapter 210 of the laws of 1999, is  amended  to  read  as
 follows:

 3.  Possession  of  a pistol or revolver by a person to whom a license
 therefor has been issued as provided under section 400.00 or  400.01  of
 this  chapter, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF SECTION 265.04
 OF THIS ARTICLE; provided, that such a  license  shall  not  preclude  a
 conviction  for  the  offense  defined  in  subdivision three of section
 265.01 of this article.
 

S 4. This act shall take effect immediately.

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