Bill S2388-2013

Establishes third, second and first degree crimes for failure to report lost or stolen firearms

Establishes third, second and first degree crimes for failure to report lost or stolen firearms.

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  • Jan 17, 2013: REFERRED TO CODES

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2388 2013-2014 Regular Sessions IN 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.
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.

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