New York A 4085: Requires persons possessing any firearm to hold a firearms safety certificate

Bill Text

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A04085 Summary:

BILL NOA04085 

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SAME ASSAME AS S00658

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SPONSORCunningham

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COSPNSR

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MLTSPNSR

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Amd §265.01, add §400.15, Pen L

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Requires persons possessing any firearm to hold a firearms safety certificate; establishes application and training process therefor; makes technical corrections.

Go to top A04085 Actions:

BILL NOA04085 

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01/31/2025referred to codes

01/07/2026referred to codes

Go to topA04085 Committee&nbspVotes:

Go to topA04085 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04085 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4085

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM -- read once and referred to the
 Committee on Codes

 AN ACT to amend the penal law, in relation to requiring persons possess-
 ing a firearm to hold a firearms safety certificate; and to provide
 technical corrections to such law

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 265.01 of the penal law, as amended by chapter 1 of
 2 the laws of 2013, subdivision 1 as amended by chapter 481 of the laws of
 3 2024, subdivision 2 as amended by chapter 146 of the laws of 2019,
 4 subdivision 8 as amended by chapter 520 of the laws of 2021, subdivision
 5 9 as added by chapter 519 of the laws of 2021, subdivision 9 as amended
 6 by chapter 149 of the laws of 2022 and subdivision 10 as amended by
 7 chapter 94 of the laws of 2022, is amended to read as follows:
 8 § 265.01 Criminal possession of a weapon in the fourth degree.
 9 A person is guilty of criminal possession of a weapon in the fourth
 10 degree when:
 11 (1) [He or she] Such person possesses any firearm, electronic dart
 12 gun, electronic stun gun, switchblade knife, pilum ballistic knife,
 13 metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic
 14 knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace
 15 type slingshot or slungshot, shuriken, or throwing star[;].
 16 (2) [He or she] Such person possesses any dagger, dangerous knife,
 17 dirk, machete, razor, stiletto, imitation pistol, undetectable knife or
 18 any other dangerous or deadly instrument or weapon with intent to use
 19 the same unlawfully against another[; or].
 20 (3)[; or] Such person possesses a firearm, not being the holder of a
 21 valid firearms safety certificate issued pursuant to section 400.15 of
 22 this chapter.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01244-01-5

 A. 4085 2

 1 (4) [He] Such person possesses a rifle, shotgun, antique firearm,
 2 black powder rifle, black powder shotgun, or any muzzle-loading firearm,
 3 and has been convicted of a felony or serious offense[; or].
 4 (5) [He] Such person possesses any dangerous or deadly weapon and is
 5 not a citizen of the United States[; or].
 6 (6) [He is a person who] Such person has been certified not suitable
 7 to possess a rifle or shotgun, as defined in subdivision sixteen of
 8 section 265.00 of this article, and refuses to yield possession of such
 9 rifle or shotgun upon the demand of a police officer. Whenever a person
 10 is certified not suitable to possess a rifle or shotgun, a member of the
 11 police department to which such certification is made, or of the state
 12 police, shall forthwith seize any rifle or shotgun possessed by such
 13 person. A rifle or shotgun seized as [herein] provided in this subdivi-
 14 sion shall not be destroyed, but shall be delivered to the headquarters
 15 of such police department, or state police, and there retained until the
 16 aforesaid certificate has been rescinded by the director or physician in
 17 charge, or other disposition of such rifle or shotgun has been ordered
 18 or authorized by a court of competent jurisdiction.
 19 (7) [He] Such person knowingly possesses a bullet containing an
 20 explosive substance designed to detonate upon impact.
 21 (8) Such person possesses any armor piercing ammunition with intent to
 22 use the same unlawfully against another.
 23 (9) Such person possesses a major component of a firearm, rifle, or
 24 sh