BILL NUMBER: S990
SPONSOR: ROLISON
 
TITLE OF BILL:
An act to amend the penal law, in relation to classifying criminal
possession of a firearm from a class E felony to a class D felony
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill will change the felony classification of criminal possession
of a firearm from a class E felony to a class D felony.
 
SUMMARY OF PROVISIONS:
Section 1: Section 265.01-b of the penal law, is amended to read as
follows: § 265.01-b Criminal possession of a firearm. A person is guilty
of criminal possession of a firearm when he or she:(1) possesses any
firearm or; (2) lawfully possesses a firearm prior to the effective date
of chapter one of the laws of two thousand thirteen subject to the
registration requirements of subdivision sixteen-a of section 400.00 of
this chapter and knowingly fails to register such firearm pursuant to
such subdivision. Changes criminal possession of a firearm from a class
E to a class D felony.
Section 2: States the effective date.
 
JUSTIFICATION:
In response to the growing crime rate in New York this bill would
increase the sentencing guidelines for possession of an illegal gun.
The current class E classification of criminal possession of a firearm
is punishable by a maximum of four years in prison. Increasing this
offense to a class D felony and nearly doubling the maximum sentence
will act as a deterrent for unlawfully possessing a firearm.
 
PRIOR LEGISLATIVE HISTORY:
2023-24 S.6186: Referred to Codes
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

Statutes affected:
S990: 265.01-b penal law