Bill Text: NY S00202 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 202 (Prior Session Legislation)

Introduced

Bill Title: Relates to the sale of ammunition to minors.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S00202 Detail]

Download: New_York-2017-S00202-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           202
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by Sens. MARCHIONE, FUNKE -- 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 sale of ammunition; and to
          repeal certain provisions of such law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 400.03 of the penal law is REPEALED.
     2    § 2. Subdivision 24 of section 265.00 of the penal law is REPEALED.
     3    §  3.  Paragraph  (a)  of subdivision 1 of section 400.10 of the penal
     4  law, as amended by chapter 1 of the laws of 2013, is amended to read  as
     5  follows:
     6    (a)  Any  owner  or  other  person  lawfully  in  possession of: (i) a
     7  firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
     8  on; (ii) ammunition as well as a firearm, rifle or shotgun  who  suffers
     9  the  loss  or  theft  of  such ammunition as well as a firearm, rifle or
    10  shotgun; or (iii) ammunition and is a dealer in firearms [or  seller  of
    11  ammunition] who suffers the loss or theft of such ammunition shall with-
    12  in  twenty-four  hours  of the discovery of the loss or theft report the
    13  facts and circumstances of the loss or theft to a police  department  or
    14  sheriff's office.
    15    §  4.  The penal law is amended by adding a new section 400.03 to read
    16  as follows:
    17  § 400.03 Sale of ammunition to minors prohibited.
    18    Sale of any ammunition shall be made only to an individual who  demon-
    19  strates,  through (a) a valid driver's license or non-driver's identifi-
    20  cation card issued by the commissioner of motor  vehicles,  the  federal
    21  government, any United States territory, commonwealth or possession, the
    22  District  of  Columbia, a state government within the United States or a
    23  provincial government of the dominion of Canada, or (b) a valid passport
    24  issued by the United States government or any other country, or  (c)  an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04052-01-7

        S. 202                              2
     1  identification  card  issued  by  the armed forces of the United States,
     2  indicating that the individual is at least eighteen years of age.
     3    §  5.  Subdivision  3  of section 260.21 of the penal law, as added by
     4  chapter 362 of the laws of 1992, is amended to read as follows:
     5    3. He sells or causes to be sold tobacco in any form to a  child  less
     6  than eighteen years old.
     7    [It  is  no  defense to a prosecution pursuant to subdivision three of
     8  this section that the child acted as  the  agent  or  representative  of
     9  another person or that the defendant dealt with the child as such.]
    10    § 6. Section 260.21 of the penal law is amended by adding a new subdi-
    11  vision 4 to read as follows:
    12    4. He sells or causes to be sold ammunition to a child less than eigh-
    13  teen  years  old.  It  is  no  defense to a prosecution pursuant to this
    14  subdivision or subdivision three of this section that the child acted as
    15  the agent or representative of another  person  or  that  the  defendant
    16  dealt with the child as such.
    17    §  7.  This  act shall take effect on the thirtieth day after it shall
    18  have become a law.