S654-2011 Actions

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

S654-2011 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.

S654-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          654
 2011-2012 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03512-01-1

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