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: S725A
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 OR GENERAL IDEA OF BILL : Amends the definition of disguised gun to include certain guns that are designed and intended to appear to be a toy gun.
SUMMARY OF SPECIFIC PROVISIONS : This bill would expand the definition of "Disguised Gun" contained in Subdivision 20 of section 265.00 of the Penal Law as added by Chapter 378 of the Laws of 1998 to include guns designed and intended to appear to be a toy gun by displaying a color finish other than the original manufacture color, a decorative pattern or plastic like surface, provided, however, that any rifle or shotgun displaying a camouflage color finish or pattern which is intended for hunting, as defined by article eleven of the environmental conservation law, shall not be considered a "disguised gun."
Section 265.10 of the penal law is amended by adding a new subdivision 8 which states that "Any person, dealer, firm, partnership or corporation who intentionally 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 felony."
JUSTIFICATION : Guns that are disguised to appear to be toy guns pose a real threat to the citizenry of this state. While the current number of reported cases of such guns are not numerous, such cases are becoming more commonplace and can be expected to continue increasing in the future. Banning such guns is a logical extension of the ban on disguised guns.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None.
EFFECTIVE DATE : First of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 725--A 2009-2010 Regular Sessions IN SENATE January 14, 2009 ___________Introduced by Sens. C. JOHNSON, ADAMS, DIAZ, DUANE, KRUEGER, MONTGOMERY, ONORATO, SAMPSON, SERRANO, THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recom- mitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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; PROVIDED, HOWEVER, THAT ANY RIFLE OR SHOTGUN DISPLAYING A CAMOUFLAGE COLOR FINISH OR PATTERN THAT IS INTENDED FOR HUNTING, AS DEFINED BY ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, SHALL NOT BE CONSIDERED A "DISGUISED GUN" FOR PURPOSES OF THIS SECTION. 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 INTEN- TIONALLY DESIGNS OR TRANSFORMS A RIFLE, PISTOL, SHOTGUN OR MACHINE-GUN TO RESEMBLE A TOY GUN BY EITHER ALTERING OR CONCEALING THE ORIGINALEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05837-03-0 S. 725--A 2
COLOR OR SURFACE OF THE GUN WITH THE PURPOSE OF SELLING SUCH WEAPON IS GUILTY OF A CLASS D FELONY. 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.