New York S 1450: Relates to the unlawful purchase and sale of body armor

Bill Text

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S01450 Summary:

BILL NOS01450 

&nbsp

SAME ASNo Same As

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SPONSORKAVANAGH

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COSPNSR

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MLTSPNSR

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Amd §§270.21 & 270.22, add §§270.21-a & 270.22-a, Pen L

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Establishes the crimes of unlawful purchase of body armor in the first and second degree; establishes the crimes of unlawful sale of body armor in the first and second degree.

Go to top S01450 Actions:

BILL NOS01450 

&nbsp

01/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01450 Committee&nbspVotes:

Go to topS01450 Floor&nbspVotes:

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

Go to topS01450 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1450

 2025-2026 Regular Sessions

 IN SENATE

 January 10, 2025
 ___________

 Introduced by Sen. KAVANAGH -- 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 the unlawful purchase and
 sale of body armor

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

 1 Section 1. Section 270.21 of the penal law, as amended by chapter 371
 2 of the laws of 2022, is amended to read as follows:
 3 § 270.21 Unlawful purchase of body armor in the second degree.
 4 A person is guilty of the unlawful purchase of body armor in the
 5 second degree when, not being engaged or employed in an eligible profes-
 6 sion, they knowingly purchase or take possession of body armor, as such
 7 term is defined in subdivision two of section 270.20 of this article.
 8 This section shall not apply to individuals or entities engaged or
 9 employed in eligible professions, which shall include police officers as
 10 defined in section 1.20 of the criminal procedure law, peace officers as
 11 defined in section 2.10 of the criminal procedure law, [persons in mili-
 12 tary service in the state of New York or military or other service for
 13 the United States,] and such other professions designated by the depart-
 14 ment of state in accordance with section one hundred forty-four-a of the
 15 executive law. As it relates to knowingly taking possession of body
 16 armor, this section shall not apply to persons in the military service
 17 for the state of New York or military or other service for the United
 18 States who are issued body armor as a requirement of such service.
 19 "Eligible professions" shall not include members of the unorganized
 20 militia as defined pursuant to subdivision two of section two of the
 21 military law.
 22 Unlawful purchase of body armor in the second degree is a class A
 23 misdemeanor [for a first offense and a class E felony for any subsequent
 24 offense].

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04183-01-5

 S. 1450 2

 1 § 2. The penal law is amended by adding a new section 270.21-a to read
 2 as follows:
 3 § 270.21-a Unlawful purchase of body armor in the first degree.
 4 A person is guilty of the unlawful purchase of body armor in the first
 5 degree when:
 6 1. not being engaged or employed in an eligible profession, they know-
 7 ingly purchase or take possession of body armor, as such term is defined
 8 in subdivision two of section 270.20 of this article. This section shall
 9 not apply to individuals or entities engaged or employed in eligible
 10 professions, which shall include police officers as defined in section
 11 1.20 of the criminal procedure law, peace officers as defined in section
 12 2.10 of the criminal procedure law, and such other professions desig-
 13 nated by the department of state in accordance with section one hundred
 14 forty-four-a of the executive law. As it relates to knowingly taking
 15 possession of body armor, this section shall not apply to persons in the
 16 military service for the state of New York or military or other service
 17 for the United States who are issued body armor as a requirement of such
 18 service. "Eligible professions" shall not include members of the unor-
 19 ganized militia as defined pursuant to subdivision two of section two of
 20 the military law; and
 21 2. has been convicted of the crime of unlawful purchase of body armor
 22 in the second degree within th