New York A 346: Establishes the offense of unlawful possession of firearms by persons under twenty-one

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A00346 Summary:

BILL NOA00346 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORPaulin

&nbsp

COSPNSRCruz

&nbsp

MLTSPNSR

&nbsp

Amd §§265.05 & 265.20, add §265.05-a, Pen L

&nbsp

Establishes the offense of unlawful possession of firearms by persons under twenty-one.

Go to top A00346 Actions:

BILL NOA00346 

&nbsp

01/08/2025referred to codes

01/07/2026referred to codes

Go to topA00346 Committee&nbspVotes:

Go to topA00346 Floor&nbspVotes:

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

Go to topA00346 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 346

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. PAULIN -- read once and referred 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.
 LBD01008-01-5

 A. 346 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.

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