Bill S654-2011

Permits persons eleven years of age to possess a rifle under certain circumstances

Authorizes the possession and use of a single shot .22 caliber rifle by a person eleven years of age on a rifle range while supervised at an indoor or outdoor shooting range.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Jan 5, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S654

TITLE OF BILL:

An act to amend the penal law, in relation to lawful possession of weapons by persons eleven years of age

PURPOSE OR GENERAL IDEA OF BILL:

To reduce by one year the age at which one may participate in certain sport shooting safety programs.

SUMMARY OF SPECIFIC PROVISIONS:

Subdivision a. of section 265.20 penal law is amended by adding a new paragraph 7-f.

JUSTIFICATION:

Section 265.20(a)(7) Penal Law provides an exemption to a number of "criminal possession of weapon" statutes, thereby allowing a person twelve years of age, among others, to possess, load, and fire any caliber rifle or shotgun when supervised by a certified rifle instructor or parent at any shooting range. This provision prevents an eleven-year-old, the age at which one may join the Boy Scouts, from participating in the shooting program offered at camp.

This bill would not allow an eleven-year-old to possess any rifle or shotgun, but instead is limited to a single shot .22 caliber rifle. This bill would also not allow such possession to occur at any shooting range, but rather is limited to those that adhere to the strict layout and operating standards established by the National Council of Boy Scouts of America. These include range layouts regarding backstops, firing lanes, and equipment storage and a limit of no more then eight shooters supervised by one instructor, among other standards. Finally, unlike current law, an untrained parent or guardian may not provide supervision. Rather, supervision and instruction is limited to only certain adults who are certified by the military, the NRA or the Boy Scouts as a rifle instructor.

The Boy Scouts of America maintains that the key to firearm safety is education and training, such as that provided by its shooting program. Strict safety and other operating standards have made the Boy Scouts program among the safest in the country.

This bill is introduced at the request of the Allegheny Highlands Council, Inc. of the Boy Scouts of America.

PRIOR LEGISLATIVE HISTORY:

S.3199 of 2009-10 A.2579 of 2007-08

FISCAL IMPLICATIONS:

This legislation has no fiscal implications.

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 ________________________________________________________________________ 654 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. VALESKY -- 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 lawful possession of weap- ons by persons eleven years of age THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 265.20 of the penal law is amended by adding a new paragraph 7-f to read as follows: 7-F. POSSESSION AND USE, AT AN INDOOR OR OUTDOOR SHOOTING RANGE, THE LAYOUT AND OPERATION OF WHICH CONFORM TO GUIDELINES AND OPERATING STAND- ARDS ESTABLISHED BY THE NATIONAL COUNCIL OF THE BOY SCOUTS OF AMERICA, FOR THE PURPOSE OF LOADING AND FIRING OF A SINGLE SHOT .22 CALIBER RIFLE, THE PROPELLING FORCE OF WHICH IS GUNPOWDER, BY A PERSON ELEVEN YEARS OF AGE WHO IS UNDER THE IMMEDIATE SUPERVISION, GUIDANCE AND INSTRUCTION OF (A) A DULY COMMISSIONED OFFICER OF THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR COAST GUARD, OR OF THE NATIONAL GUARD OF THE STATE OF NEW YORK; OR (B) A DULY QUALIFIED ADULT CITIZEN OF THE UNITED STATES AT LEAST TWENTY-ONE YEARS OF AGE WHO (I) HAS BEEN GRANTED A CERTIFICATE AS A RIFLE INSTRUCTOR ISSUED BY THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR COAST GUARD, OR BY THE ADJUTANT GENERAL OF THIS STATE, OR BY THE NATIONAL RIFLE ASSOCIATION OF AMERICA, A NOT-FOR-PROFIT CORPORATION DULY ORGANIZED UNDER THE LAWS OF THIS STATE, OR (II) HAS BEEN CERTIFIED AS A SHOOTING SPORTS DIRECTOR BY A BOY SCOUTS OF AMERICA NATIONAL CAMPING SCHOOL. S 2. 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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