STATE OF NEW YORK
________________________________________________________________________
476
2021-2022 Regular Sessions
IN SENATE
(Prefiled)
January 6, 2021
___________
Introduced by Sen. HOYLMAN -- 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 establishing the offense
of unlawful possession of firearms by persons under twenty-one
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 265.05 of the penal law, as amended by chapter 56
2 of the laws of 1985, is amended to read as follows:
3 § 265.05 Unlawful possession of weapons by persons under sixteen.
4 It shall be unlawful for any person under the age of sixteen to
5 possess any air-gun, spring-gun or other instrument or weapon in which
6 the propelling force is a spring or air[, or any gun or any instrument
7 or weapon in or upon which any loaded or blank cartridges may be used,
8 or any loaded or blank cartridges or ammunition therefor,] or any
9 dangerous knife; provided that the possession of rifle or shotgun or
10 ammunition therefor by the holder of a hunting license or permit issued
11 pursuant to article eleven of the environmental conservation law and
12 used in accordance with said law shall not be governed by this section.
13 A person who violates the provisions of this section shall be adjudged
14 a juvenile delinquent.
15 § 2. The penal law is amended by adding a new section 265.05-a to read
16 as follows:
17 § 265.05-a Unlawful possession of firearms by persons under twenty-one.
18 It shall be unlawful for any person under the age of twenty-one to
19 possess any rifle, shotgun, or firearm as defined in section 265.00 of
20 this article, or any gun or any instrument or weapon in or upon which
21 any loaded or blank cartridges may be used, or any loaded or blank
22 cartridges or ammunition therefor, provided that the possession of a
23 rifle or shotgun or ammunition therefor by the holder of a hunting
24 license or permit issued pursuant to article eleven of the environmental
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02069-01-1
S. 476 2
1 conservation law and used in accordance with said law shall not be
2 governed by this section.
3 Unlawful possession of firearms by persons under twenty-one is a
4 violation; provided that a person under the age of eighteen who violates
5 the provisions of this section shall be adjudged a juvenile delinquent.
6 § 3. The opening paragraph of subdivision a of section 265.20 of the
7 penal law, as separately amended by chapters 130 and 134 of the laws of
8 2019, is amended to read as follows:
9 Paragraph (h) of subdivision twenty-two of section 265.00 and sections
10 265.01, 265.01-a, 265.01-b, 265-01-c, 265.02, 265.03, 265.04, 265.05,
11 265.05-a, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37,
12 265.50, 265.55 and 270.05 shall not apply to:
13 § 4. This act shall take effect immediately.