Bill S1635-2011

Relates to increasing penalties for the criminal sale of firearms

Increases penalties for the criminal sale of firearms.

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  • Jan 4, 2012: REFERRED TO CODES
  • Jan 10, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S1635

TITLE OF BILL: An act to amend the penal law, in relation to increasing penalties for the criminal sale of firearms

PURPOSE OR GENERAL IDEA OF BILL: To increase the penalties for the criminal sale of firearms in order to deter further sale of illegal weapons.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 265.13 of the penal law to increase the penalty for criminal sale of a firearm in the first degree from a class B felony to a class A felony.

Subsection 2 amends section 265.12 of the penal law to increase the penalty for criminal sale of a firearm in the second degree from a class C felony to a class B felony.

Subsection 3(a) includes the criminal sale of a firearm in the second degree (265.12), the criminal sale of a firearm with the aid of a minor (265.14), and the criminal sale of a firearm to a minor (265.16) as class B violent felonies, as listed in paragraph (a) of subdivision I of section 70.02 of the penal law.

Subsection 4 amends section 265.11 of the penal law to increase the penalty for the criminal sale of a firearm in the third degree from a class D felony to a class C felony.

Subsection 5 (b) classifies the criminal sale of firearms in the third degree (265.11) as class C violent felonies, as defined in paragraph (b) of subdivision 1 of section 70.02 of the penal law.

Subsection 6 amends section 265.16 of the penal law to increase the penalty for the criminal sale of a firearm to a minor from a class C felony to a class B felony.

Subsection 7 amends section 265.14 of the penal law to increase the penalty for the criminal sale of a firearm with the aid of minor from a class C felony to a class B felony.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: The current law does not include penalties harsh enough to effectively deter the criminal sale of firearms.

This bill would amend the current law so that those who participate in the criminal sale of firearms will face more stringent penalties, thus deterring them from selling firearms. As a result, the number of crimes that include the use of an illegal firearm will decrease significantly.

JUSTIFICATION: The criminal sale of firearms consistently threatens the safety of our streets by placing weapons in the hands of individuals who would otherwise be denied access. Unfortunately, in New York State, the

statistics relating to illegal firearms are surprisingly high. The Albany Times Union (2004) reported that there were over 16,000 weapons seized in New York State in 2003; however, there were only 57 individuals charged with the criminal sale of a firearm. This is unacceptable.

There have been a total of eleven NYPD officers shot since June 2005; two of these officers were killed. In a recent incident, the men that attacked one of New York City's bravest were charged with the criminal possession of a weapon. In order to ensure the safety of all New Yorkers, in the wake of these tragic violent crimes, the New York State Legislature must pass legislation that aids in deterring these violent crimes. One imperative step in this process is ensuring that the number of New Yorkers who illegally possess a firearm decrease. This can be accomplished by increasing penalties for those who illegally sell firearms; therefore, taking some of these individuals off the streets and deterring others from making illegal sales.

LEGISLATIVE HISTORY: S.3114 of 2007 02/23/07 S.109 of 2009 01/07/09 Referred to Codes 01/06/10 Referred to Codes

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1635 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________
Introduced by Sen. SAMPSON -- 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 increasing penalties for the criminal sale of firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of section 265.13 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: Criminal sale of a firearm in the first degree is a class [B] A felo- ny. S 2. The closing paragraph of section 265.12 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: Criminal sale of a firearm in the second degree is a class [C] B felo- ny. S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 320 of the laws of 2006, is amended to read as follows: (a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first
degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the [first] SECOND degree as defined in section [265.13] 265.12, CRIMINAL SALE OF A FIREARM WITH THE AID OF A MINOR AS DEFINED IN SECTION 265.14, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intim- idating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47. S 4. The closing paragraph of section 265.11 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: Criminal sale of a firearm in the third degree is a class [D] C felo- ny. S 5. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 405 of the laws of 2010, is amended to read as follows: (b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggra- vated criminally negligent homicide as defined in section 125.11, aggra- vated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the [second] THIRD degree as defined in section [265.12] 265.11, [criminal sale of a firearm with the aid of a minor as defined in section 265.14,] CRIMINAL SALE OF A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37. S 6. The closing paragraph of section 265.16 of the penal law, as amended by chapter 654 of the laws of 1998, is amended to read as follows: Criminal sale of a firearm to a minor is a class [C] B felony. S 7. The closing paragraph of section 265.14 of the penal law, as amended by chapter 654 of the laws of 1998, is amended to read as follows: Criminal sale of a firearm with the aid of a minor is a class [C] B felony. S 8. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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