2nd Amendment MarchJanuary 17, 2013
NY SAFE FAQsJanuary 19, 2013
Q: What are the changes in the law when it comes to crimes performed with illegal guns?
A: The law establishes tougher penalties for those who use illegal guns as well as measures to help combat gang violence. Tougher penalties under the law include:
- Murder of a first responder who is engaged in his or her duties will become a Class A-1 felony, with a mandatory penalty of life in prison without parole.
- Possession of a firearm on school grounds or a school bus will be increased from a misdemeanor to a Class E Felony.
- Possession of an unloaded gun will be raised from a misdemeanor to a Class E felony.
- Recklessly injuring a child by a firearm will become a Class D felony.
- The purchase of a gun for someone the buyer knows to be disqualified because of a conviction of a crime, an involuntary commitment or other disqualifier, will be raised to a Class D felony from a misdemeanor. This also raised to a class D felony the sale or transfer of a firearm to an individual known to be prohibited from possessing a gun.
- Tougher penalties to permit more effective gang prosecutions, allowing a prosecutor to ask for 25 to life (previously was just 15 years) for an entire group when a gang is involved in murder.
- Using or carrying a firearm during drug trafficking or a violent felony will include a 5 year mandatory minimum sentence if the gun is loaded and a 3½ year mandatory minimum if unloaded. (The Court could impose a lower sentence in drug trafficking cases depending on mitigating factors).
- Sharing a gun with an individual who is not authorized to possess a gun and commits a crime will constitute criminal facilitation.