ILLEGAL WEAPON POSSESSION

LAWS OF NEW YORK, 2006
CHAPTER 745

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 the possession of a loaded firearm

Became a law December 15, 2006, with the approval of the Governor.  Passed 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.  Subdivisions 1 and 3 of section 265.03 of the penal law, as amended by chapter 742 of the laws of 2006, are amended to read as follows:

(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

(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] subdivision if such possession takes place in such person's home or place of business.

§ 2. This act shall take effect immediately.

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