INCREASED PENALTIES FOR ILLEGAL WEAPON POSSESSION

LAWS OF NEW YORK, 2006
CHAPTER 742

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.

AN ACT to amend the penal law, in relation to possession of a loaded firearm and to repeal subdivision 4 of section 265.02 of such law relating to possession of a loaded firearm

Became a law October 31, 2006, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

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

Section 1.  Subdivision 4 of section 265.02 of the penal law is REPEALED.

§2.  Section 265.03 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows:

§265.03  Criminal possession of a weapon in the second degree.

A person is guilty of criminal possession of a weapon in the second degree when:

(1)  with intent to use the same unlawfully against another, such

person:

(a) possesses a machine-gun; or

(b) [possesses a loaded firearm; or

(c)] possesses a disguised gun; or

(2) such person possesses five or more firearms; or

(3) such person possesses any loaded firearm.  Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this section if such possession takes place in such person's home or place of business.

Criminal possession of a weapon in the second degree is a class C   felony.

§3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

The Legislature of the STATE OF NEW YORK ss:

Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly