STATE OF NEW YORK ________________________________________________________________________ 10173 IN ASSEMBLY May 16, 2016 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to creating the offense of operating as a major firearms trafficker and establishing sentencing guidelines The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 265.46 to 2 read as follows: 3 § 265.46 Operating as a major firearms trafficker. 4 A person is guilty of operating as a major firearms trafficker when 5 such person: 6 (1) unlawfully sells, exchanges, gives or disposes of to another 7 person or persons a total of twenty or more firearms in a period of not 8 more than one year; or 9 (2) unlawfully possesses with intent to sell twenty or more firearms. 10 Operating as a major firearms trafficker is a class A-I felony. 11 § 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section 12 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 13 is amended to read as follows: 14 (i) For a class A-I felony, such minimum period shall not be less than 15 fifteen years nor more than twenty-five years; provided, however, that 16 (A) where a sentence, other than a sentence of death or life imprison- 17 ment without parole, is imposed upon a defendant convicted of murder in 18 the first degree as defined in section 125.27 of this chapter such mini- 19 mum period shall be not less than twenty years nor more than twenty-five 20 years, and, (B) where a sentence is imposed upon a defendant convicted 21 of murder in the second degree as defined in subdivision five of section 22 125.25 of this chapter or convicted of aggravated murder as defined in 23 section 125.26 of this chapter, the sentence shall be life imprisonment 24 without parole, and, (C) where a sentence is imposed upon a defendant 25 convicted of attempted murder in the first degree as defined in article 26 one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of 27 paragraph (a) of subdivision one and paragraph (b) of subdivision one of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15149-01-6
A. 10173 2 1 section 125.27 of this chapter or attempted aggravated murder as defined 2 in article one hundred ten of this chapter and section 125.26 of this 3 chapter such minimum period shall be not less than twenty years nor more 4 than forty years, and, (D) where a sentence is imposed upon a defendant 5 convicted of operating as a major firearms trafficker as defined in 6 section 265.46 of this chapter such minimum period shall be not less 7 than fifteen years. 8 § 3. This act shall take effect immediately.