S 8460: Adds possessing a flare gun with intent to use it unlawfully against another to the crime of criminal possession of a weapon in the fourth degree.

  
  STATE OF NEW YORK ________________________________________________________________________ 8460 2025-2026 Regular Sessions  IN SENATE July 18, 2025 ___________ Introduced by Sen. FAHY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to including flare guns in criminal possession of a weapon in the fourth degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 265.00 of the penal law is amended by adding a new 2 subdivision 37 to read as follows: 3 37. "Flare gun" means any handheld signaling device, Very pistol, or 4 signal pistol designed and purposed to fire a pyrotechnic flare, whether 5 single-shot or multi-shot, and whether marketed for maritime, emergency, 6 or recreational use. 7 § 2. Subdivision 2 of section 265.01 of the penal law as amended by 8 chapter 146 of the laws of 2019, is amended to read as follows: 9 (2) [He or she] Such person possesses any dagger, dangerous knife, 10 dirk, machete, razor, stiletto, imitation pistol, undetectable knife, 11 flare gun or any other dangerous or deadly instrument or weapon with 12 intent to use the same unlawfully against another; or 13 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13464-01-5