Legislation Would Increase Penalties For Gun Crimes

Governor George E. Pataki has proposed legislation that would amend the New York State Penal Law to ensure that those who commit a violent felony offense or a drug felony offense while in possession of a firearm, are sentenced to an additional and mandatory consecutive sentence. Additionally, the bill would make the criminal possession of a loaded firearm a Class C Violent Felony Offense, punishable by a term of imprisonment of between 3 to 15 years.
“A crime committed with the aid of a firearm is a serious offense even if the firearm is not discharged,” Governor Pataki said. “[There is a] need for a law which mandates an additional sentence when a crime is committed by an offender armed with a deadly firearm.”
“Further, while New York State continues to get safer overall, new statistics show that we, like the rest of the nation, had a slight increase in violent crime over the past year. And although our increase was less than the national average, we must address this immediately. This is even more reason to adopt this new legislation, which would further penalize those who possess a firearm in the commission of a crime.”
Currently, only a person who possesses and displays a loaded and operable weapon in furtherance of a Class B violent felony can be sentenced to an additional consecutive term of five years, and such additional sentence may be waived at the discretion of the sentencing court.
Additionally, a person who is convicted of Criminal Possession of a Weapon in the Third Degree, pursuant to Penal Law 265.02(4), for possessing a loaded firearm may avoid jail time altogether, as he or she can be sentenced to as little as probation or a conditional or unconditional discharge.
Bill details:

Would amend Penal Law 265.03, Criminal Possession of a Weapon in the Second Degree, by adding “loaded firearm” to the list of weapons whose possession is punished as a Class C Violent Felony Offense.

Would amend Penal Law 265.04, Criminal Possession of a Weapon in the First Degree, by adding possession of a “machine gun, or a loaded firearm, or a disguised gun with intent to use the same unlawfully against another” to the list of weapons whose possession is punished as a Class B Violent Felony Offense.

Would amend Penal Law 265.09, Criminal Use of a Firearm in the First Degree, to remove the reference to a first degree offense and to make the offense applicable to all persons who commit any violent felony offense or any controlled substance or marijuana felony offense. An offender who commits such a crime and possesses a loaded weapon, or displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm, would be sentenced to a mandatory term of five years to run consecutively to any sentence he or she received for the underlying crime.

An offender who commits a violent felony offense or a drug felony offense and displays a loaded weapon would be sentenced to a mandatory term of seven years to run consecutively to any sentence he or she received for the underlying crime.

For discharging a firearm during the commission of such a crime, or for possessing an assault weapon or a sawed-off rifle or sawed-off shotgun during the commission of such a crime, the offender would be sentenced to a mandatory term of ten years to run consecutively to any sentence he or she received for the underlying crime.

An offender who possesses a machine-gun, a firearm equipped with a firearm silencer, or an explosive or incendiary bomb during the commission of a violent felony offense or controlled substance offense would be sentenced to mandatory term of fifteen years to run consecutively to any sentence he or she received for the underlying crime.

A repeat offender would be sentenced to a mandatory term of twenty-five years to run consecutively to any sentence he or she received for the underlying crime. In addition, the provision in existing law which makes discretionary an additional five year sentence for committing an offense while displaying a firearm, rather than mandatory, is eliminated.