Amends the definition of a "disguised gun" to include a weapon or device capable of being concealed on a person from which a shot can be discharged through the energy of an explosive which is designed and intended to appear to be a toy gun.
BILL NUMBER: S725
TITLE OF BILL : An act to amend the penal law, in relation to redefining the term "disguised gun" to include any rifle, pistol, shotgun or machine-gun resembling a toy gun and prohibiting the possession, manufacture or design thereof
PURPOSE : Amends the definition of disguised gun to include certain guns designed and intended to appear to be a toy gun.
SUMMARY OF PROVISIONS : Section 1 amends the definition of disguised gun in subdivision 20 of section 265.00 of the Penal Law to include a real gun intending to look like a toy gun.
Section 2 adds a new subdivision 8 of section 265.10 of the penal law to prohibit the manufacture or design of a firearm to appear to be a toy gun.
Section 3 establishes an effective date.
JUSTIFICATION : Guns that are disguised to look like toy guns are a serious threat to the citizens of this state and in particular to police officers who patrol the streets. Banning these types of weapons is a logical extension of current law which prohibits guns which are intentionally designed to look like something other than a gun.
LEGISLATIVE HISTORY : 2007-08: S3868 - Referred to Codes; A2868 Lentol- Passed Assembly 2005-06: S8237 - Referred to Rules; A895A Lentol - Passed Assembly
FISCAL IMPLICATIONS : None to the state.
EFFECTIVE DATE : November 1st.
STATE OF NEW YORK ________________________________________________________________________ 725 2009-2010 Regular Sessions IN SENATE January 14, 2009 ___________Introduced by Sens. C. JOHNSON, DIAZ, DUANE, KRUEGER, MONTGOMERY, ONORA- TO, 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 redefining the term "disguised gun" to include any rifle, pistol, shotgun or machine-gun resembling a toy gun and prohibiting the possession, manufacture or design thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 20 of section 265.00 of the penal law, as added by chapter 378 of the laws of 1998, is amended to read as follows: 20. "Disguised gun" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be EITHER; (A) something other than a gun; OR (B) A TOY GUN THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY RIFLE, PISTOL, SHOTGUN OR MACHINE-GUN DISPLAYING A COLOR FINISH OTHER THAN THE ORIGINAL MANUFAC- TURE COLOR, A DECORATIVE PATTERN OR PLASTIC LIKE SURFACE. S 2. Section 265.10 of the penal law is amended by adding a new subdi- vision 8 to read as follows: 8. ANY PERSON, DEALER, FIRM, PARTNERSHIP OR CORPORATION WHO DESIGNS OR TRANSFORMS A RIFLE, PISTOL, SHOTGUN OR MACHINE-GUN TO RESEMBLE A TOY GUN BY EITHER ALTERING OR CONCEALING THE ORIGINAL COLOR OR SURFACE OF THE GUN WITH THE PURPOSE OF SELLING SUCH WEAPON IS GUILTY OF A CLASS D FELO- NY. 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05837-01-9