Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 03, 2016 |
enacting clause stricken |
Jan 06, 2016 |
referred to codes |
Oct 02, 2015 |
referred to codes |
Assembly Bill A8397
2015-2016 Legislative Session
Sponsored By
CLARK
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
multi-Sponsors
Vivian Cook
2015-A8397 (ACTIVE) - Details
- Law Section:
- Penal Law
- Laws Affected:
- Add §§265.00 & 265.38, add Art 402 §402, Pen L; amd §156, Exec L
2015-A8397 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8397 2015-2016 Regular Sessions I N A S S E M B L Y October 2, 2015 ___________ Introduced by M. of A. CLARK -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the executive law, in relation to flamethrowing devices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 265.00 of the penal law is amended by adding a new subdivision 26 to read as follows: 26. "FLAMETHROWING DEVICE" MEANS ANY NON-STATIONARY AND TRANSPORTABLE DEVICE DESIGNED OR INTENDED TO EMIT OR PROPEL A BURNING STREAM OF COMBUSTIBLE OR FLAMMABLE LIQUID A DISTANCE OF AT LEAST TEN FEET. S 2. The penal law is amended by adding a new section 265.38 to read as follows: S 265.38 UNLAWFUL POSSESSION OF A FLAMETHROWING DEVICE. 1. IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY SELL, PURCHASE, POSSESS, TRANSPORT, STORE, OR USE A FLAMETHROWING DEVICE, AS DEFINED BY SUBDIVISION TWENTY-SIX OF SECTION 265.00 OF THIS ARTICLE. 2. ANY PERSON WHO USES OR POSSESSES ANY FLAMETHROWING DEVICE WITHOUT A VALID FLAMETHROWING DEVICE PERMIT ISSUED PURSUANT TO SECTION 402.00 OF THIS CHAPTER, SHALL BE GUILTY OF A CLASS B FELONY. 3. THIS SECTION SHALL NOT APPLY TO THE SALE, PURCHASE, POSSESSION, TRANSPORTATION, STORAGE, OR USE OF A FLAMETHROWING DEVICE BY A PERSON, IF THE FOLLOWING CRITERIA ARE MET: (A) THE PERSON IS REGULARLY EMPLOYED BY OR A PAID OFFICER, EMPLOYEE, OR MEMBER OF A FIRE DEPARTMENT, FIRE PROTECTION DISTRICT, OR FIREFIGHT- ING AGENCY OF THE FEDERAL GOVERNMENT, THE STATE, A CITY, A COUNTY, A CITY AND COUNTY, DISTRICT, PUBLIC OR MUNICIPAL CORPORATION, OR POLITICAL SUBDIVISION OF THIS STATE; (B) THE PERSON IS ON DUTY AND ACTING WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11943-01-5
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