New York S 8460: Includes flare guns in criminal possession of a weapon in the fourth degree

Status: REFERRED TO CODES (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: S 8460

Sponsors: Patricia Fahy

Bill Text

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S08460 Summary:

BILL NOS08460 

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SAME ASNo Same As

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SPONSORFAHY

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COSPNSR

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MLTSPNSR

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Amd §§265.00 & 265.01, Pen L

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Adds possessing a flare gun with intent to use it unlawfully against another to the crime of criminal possession of a weapon in the fourth degree.

Go to top S08460 Actions:

BILL NOS08460 

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07/18/2025REFERRED TO RULES

01/07/2026REFERRED TO CODES

Go to topS08460 Committee&nbspVotes:

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

Go to topS08460 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8460

 2025-2026 Regular Sessions

 IN SENATE

 July 18, 2025
 ___________

 Introduced by Sen. FAHY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Rules

 AN ACT to amend the penal law, in relation to including flare guns in
 criminal possession of a weapon in the fourth degree

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

 1 Section 1. Section 265.00 of the penal law is amended by adding a new
 2 subdivision 37 to read as follows:
 3 37. "Flare gun" means any handheld signaling device, Very pistol, or
 4 signal pistol designed and purposed to fire a pyrotechnic flare, whether
 5 single-shot or multi-shot, and whether marketed for maritime, emergency,
 6 or recreational use.
 7 § 2. Subdivision 2 of section 265.01 of the penal law as amended by
 8 chapter 146 of the laws of 2019, is amended to read as follows:
 9 (2) [He or she] Such person possesses any dagger, dangerous knife,
 10 dirk, machete, razor, stiletto, imitation pistol, undetectable knife,
 11 flare gun or any other dangerous or deadly instrument or weapon with
 12 intent to use the same unlawfully against another; or
 13 § 3. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13464-01-5

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