STATE OF NEW YORK
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8078--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 31, 2019
___________
Introduced by M. of A. WOERNER, JONES -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to permitting 4-H certified
shooting sports instructors to supervise and instruct persons under
sixteen years of age at shooting ranges
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 19 of section 265.00 of the penal law, as added
2 by chapter 446 of the laws of 1997, is amended to read as follows:
3 19. "Duly authorized instructor" means (a) a duly commissioned officer
4 of the United States army, navy, marine corps or coast guard, or of the
5 national guard of the state of New York; or (b) a duly qualified adult
6 citizen of the United States who has been granted a certificate as an
7 instructor in small arms practice issued by the United States army, navy
8 or marine corps, or by the adjutant general of this state, or by the
9 national rifle association of America, a not-for-profit corporation duly
10 organized under the laws of this state; [or] (c) by a person duly quali-
11 fied and designated by the department of environmental conservation
12 under [paragraph d of] subdivision six of section 11-0713 of the envi-
13 ronmental conservation law as its agent in the giving of instruction and
14 the making of certifications of qualification in responsible hunting
15 practices; or (d) a New York state 4-H certified shooting sports
16 instructor.
17 § 2. Paragraphs 7, 7-c, and 7-d of subdivision a of section 265.20 of
18 the penal law, paragraph 7 as amended by chapter 180 of the laws of 1998
19 and paragraphs 7-c and 7-d as added by chapter 651 of the laws of 1996,
20 are amended to read as follows:
21 7. Possession, at an indoor or outdoor shooting range for the purpose
22 of loading and firing, of a rifle or shotgun, the propelling force of
23 which is gunpowder by a person under sixteen years of age but not under
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13021-02-9
A. 8078--A 2
1 twelve, under the immediate supervision, guidance and instruction of (a)
2 a duly commissioned officer of the United States army, navy, air force,
3 marine corps or coast guard, or of the national guard of the state of
4 New York; or (b) a duly qualified adult citizen of the United States who
5 has been granted a certificate as an instructor in small arms practice
6 issued by the United States army, navy, air force or marine corps, or by
7 the adjutant general of this state, [or] by the national rifle associ-
8 ation of America, a not-for-profit corporation duly organized under the
9 laws of this state, or by a New York state 4-H certified shooting sports
10 instructor; or (c) a parent, guardian, or a person over the age of eigh-
11 teen designated in writing by such parent or guardian who shall have a
12 certificate of qualification in responsible hunting, including safety,
13 ethics, and landowner relations-hunter relations, issued or honored by
14 the department of environmental conservation; or (d) an agent of the
15 department of environmental conservation appointed to conduct courses in
16 responsible hunting practices pursuant to article eleven of the environ-
17 mental conservation law.
18 7-c. Possession for the purpose of loading and firing, of a rifle,
19 pistol or shotgun, the propelling force of which may be either air,
20 compressed gas or springs, by a person under sixteen years of age but
21 not under twelve, under the immediate supervision, guidance and instruc-
22 tion of (a) a duly commissioned officer of the United States army, navy,
23 marine corps or coast guard, or of the national guard of the state of
24 New York; or (b) a duly qualified adult citizen of the United States who
25 has been granted a certificate as an instructor in small arms practice
26 issued by the United States army, navy or marine corps, or by the adju-
27 tant general of this state, [or] by the national rifle association of
28 America, a not-for-profit corporation duly organized under the laws of
29 this state, or by a New York state 4-H certified shooting sports
30 instructor; or (c) a parent, guardian, or a person over the age of eigh-
31 teen designated in writing by such parent or guardian who shall have a
32 certificate of qualification in responsible hunting, including safety,
33 ethics, and landowner relations-hunter relations, issued or honored by
34 the department of environmental conservation.
35 7-d. Possession, at an indoor or outdoor shooting range for the
36 purpose of loading and firing, of a rifle, pistol or shotgun, the
37 propelling force of which may be either air, compressed gas or springs,
38 by a person under twelve years of age, under the immediate supervision,
39 guidance and instruction of (a) a duly commissioned officer of the
40 United States army, navy, marine corps or coast guard, or of the
41 national guard of the state of New York; or (b) a duly qualified adult
42 citizen of the United States who has been granted a certificate as an
43 instructor in small arms practice issued by the United States army, navy
44 or marine corps, or by the adjutant general of this state, [or] by the
45 national rifle association of America, a not-for-profit corporation duly
46 organized under the laws of this state, or by a New York state 4-H
47 certified shooting sports instructor; or (c) a parent, guardian, or a
48 person over the age of eighteen designated in writing by such parent or
49 guardian who shall have a certificate of qualification in responsible
50 hunting, including safety, ethics, and landowner relations-hunter
51 relations, issued or honored by the department of environmental conser-
52 vation.
53 § 3. Section 265.00 of the penal law is amended by adding a new subdi-
54 vision 26 to read as follows:
55 26. "New York state 4-H certified shooting instructor" means a certi-
56 fied shooting sports instructor of the National 4-H Shooting Sports, a
A. 8078--A 3
1 non-profit organization, engaged in shooting education and youth devel-
2 opment programming that is administered by the National Institute of
3 Food and Agriculture of the United States department of agriculture.
4 § 4. This act shall take effect immediately.