Bill Text: NY A03900 | 2011-2012 | General Assembly | Amended

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Bill Title: Prohibits the possession of a loaded firearm at certain events involving public officials or in a government building; makes such crime a class B felony.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A03900 Detail]

Download: New_York-2011-A03900-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3900--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2011
                                      ___________
       Introduced by M. of A. LAVINE, ARROYO, COLTON, MAYERSOHN, McENENY, McDO-
         NOUGH, KAVANAGH, M. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI,
         WEPRIN  -- read once and referred to the Committee on Codes -- commit-
         tee discharged, bill amended, ordered reprinted as amended and  recom-
         mitted to said committee
       AN ACT to amend the penal law, in relation to prohibiting the possession
         of a loaded firearm at certain events involving public officials
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 265.04 of the penal law, as amended by chapter  764
    2  of the laws of 2005, is amended to read as follows:
    3  S 265.04 Criminal possession of a weapon in the first degree.
    4    A  person  is  guilty  of criminal possession of a weapon in the first
    5  degree when such person:
    6    (1) possesses any explosive substance with  intent  to  use  the  same
    7  unlawfully against the person or property of another; or
    8    (2) possesses ten or more firearms[.]; OR
    9    (3) INTENTIONALLY POSSESSES A LOADED FIREARM (I) AT AN EVENT SPONSORED
   10  BY  AN  ELECTED  OFFICIAL  AT WHICH SUCH ELECTED OFFICIAL IS PRESENT, OR
   11  (II) AT A DEBATE OR CANDIDATE FORUM AT WHICH AN ELECTED  OFFICIAL  OR  A
   12  CANDIDATE FOR ELECTED OFFICE IS PRESENT, OR (III) IN A GOVERNMENT BUILD-
   13  ING. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PEACE OFFI-
   14  CER OR LAW ENFORCEMENT OFFICER EXERCISING HIS OR HER OFFICIAL DUTIES.
   15    Criminal possession of a weapon in the first degree is a class B felo-
   16  ny.
   17    S  2.  Subparagraphs  (b)  and  (c) of paragraph 1 of subdivision a of
   18  section 265.20 of the penal law, as added by chapter 843 of the laws  of
   19  1980, are amended to read as follows:
   20    (b)  Police  officers as defined in subdivision thirty-four of section
   21  1.20 of the criminal procedure law, EXCEPT AS PROVIDED IN SECTION 265.04
   22  OF THIS ARTICLE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08126-03-1
       A. 3900--A                          2
    1    (c) Peace officers as defined by section 2.10 of the  criminal  proce-
    2  dure law, EXCEPT AS PROVIDED IN SECTION 265.04 OF THIS ARTICLE.
    3    S  3. Paragraph 3 of subdivision a of section 265.20 of the penal law,
    4  as amended by chapter 210 of the laws of 1999, is  amended  to  read  as
    5  follows:
    6    3.  Possession  of  a pistol or revolver by a person to whom a license
    7  therefor has been issued as provided under section 400.00 or  400.01  of
    8  this  chapter, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF SECTION 265.04
    9  OF THIS ARTICLE; provided, that such a  license  shall  not  preclude  a
   10  conviction  for  the  offense  defined  in  subdivision three of section
   11  265.01 of this article.
   12    S 4. This act shall take effect immediately.