S2388-2013 Actions

• Jan 17, 2013: REFERRED TO CODES

S2388-2013 Memo

BILL NUMBER:S2388

TITLE  OF BILL:  An act to amend the penal law, in relation to failure
to report a lost or stolen firearm

PURPOSE OR GENERAL IDEA OF BILL:
To require lost or stolen  firearms  to  be  reported  to  the  police
authorities  of  the city, town or village within seventy-two hours of
such loss or theft.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - Adds a new sections 265.21 to read as follows:

�265.21 Failure to report theft or loss of a firearm, rifle or shotgun
in the third degree. A person is guilty of failure to report theft  or
loss of a firearm, rifle or shotgun in the third degree when he or she
intentionally  fails  to  report  such  theft or loss as prescribed in
section 400.10 of this chapter. A person who violates  the  provisions
of  this  section  shall  have any license validly issued, as provided
under section 400.00 of this  chapter  suspended.  Failure  to  report
theft  or loss of a firearm, rifle or shotgun in the third degree is a
class D felony.

�2. Subdivision 3 of section 400.00 of the penal law,  is  amended  by
adding  a  new  paragraph  to  read  as  follows: All applications and
renewals of a license to carry or possess a firearm  shall  include  a
provision,  to  be  approved as to form by the superintendent of state
police, detailing the crimes prescribed in sections 265.21, 265.22 and
265.23 of this chapter.

JUSTIFICATION:
The issuance of a license, and the ability to carry  a  firearm  is  a
privilege  and  responsibility  that  should be taken seriously. Lives
could depend on it. This legislation would help account for stolen  or
lost  weapons  in  order to help law enforcement in tracking firearms.
Tracking these weapons would allow police authorities to identify  and
recover  lost  or  stolen weapons more effectively and efficiently. It
would also hold those who would negligently or willfully withhold this
key information, accountable.

PRIOR LEGISLATIVE HISTORY:
2007-08:  A.8842
2009-10:  S.2826A
01/06/10: REFERRED TO CODES

FISCAL IMPLICATIONS:
Undetermined.

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

S2388-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2388

                         2013-2014 Regular Sessions

                              I N  SENATE

                              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:


    Section 1. The penal law is  amended  by  adding  three  new  sections
  265.21, 265.22 and 265.23 to read as follows:

  S 265.21 FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
             IN THE THIRD DEGREE.
    A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS  OF  A  FIREARM,
  RIFLE  OR SHOTGUN IN THE THIRD DEGREE WHEN HE OR SHE INTENTIONALLY FAILS
  TO REPORT SUCH THEFT OR LOSS AS PRESCRIBED IN  SECTION  400.10  OF  THIS
  CHAPTER.
    A  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL HAVE ANY
  LICENSE VALIDLY ISSUED, AS PROVIDED UNDER SECTION 400.00 OF  THIS  CHAP-
  TER, SUSPENDED.
    FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
  THIRD DEGREE IS A CLASS D FELONY.
  S 265.22 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR  SHOTGUN
             IN THE SECOND DEGREE.
    A  PERSON  IS  GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
  RIFLE OR SHOTGUN IN THE SECOND DEGREE WHEN HE OR SHE HAS PREVIOUSLY BEEN
  CONVICTED OF FAILURE TO REPORT THEFT OR LOSS  OF  A  FIREARM,  RIFLE  OR
  SHOTGUN  IN THE THIRD DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
  SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
    A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION  SHALL  HAVE  ANY
  LICENSE  VALIDLY  ISSUED, AS PROVIDED UNDER SECTION 400.00 OF THIS CHAP-
  TER, REVOKED.
    FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN  THE
  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

  S 265.23 FAILURE  TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
             IN THE FIRST DEGREE.
    A  PERSON  IS  GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
  RIFLE OR SHOTGUN IN THE FIRST DEGREE WHEN HE OR SHE HAS PREVIOUSLY  BEEN
  CONVICTED  OF  FAILURE  TO  REPORT  THEFT OR LOSS OF A FIREARM, RIFLE OR
  SHOTGUN IN THE SECOND DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
  SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
    FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN  THE
  FIRST DEGREE IS A CLASS B FELONY.
    S  2.  Subdivision 3 of section 400.00 of the penal law, is amended by
  adding a new paragraph (c) to read as follows:

    (C) ALL APPLICATIONS AND RENEWALS OF A LICENSE TO CARRY OR  POSSESS  A
  FIREARM  SHALL  INCLUDE  A  PROVISION,  TO BE APPROVED AS TO FORM BY THE
  SUPERINTENDENT OF STATE  POLICE,  DETAILING  THE  CRIMES  PRESCRIBED  IN
  SECTIONS 265.21, 265.22, AND 265.23 OF THIS CHAPTER.
    S 3. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.