An act to amend the penal law and the general business law (gun laws, NY)

S T A T E O F N E W Y O R K ________________________________________________________________________

Introduced by M. of A. LAVELLE, KOON, LAFAYETTE, COOK -- Multi-Sponsored by -- M. of A. BOYLAND, A. COHEN, GLICK, GORDON, GOTTFRIED, MAYER- SOHN, PERRY, WEINSTEIN -- read once and referred to the Committee on Codes -- recommitted to the Committee on Rules in accordance with Assembly Rule 3, sec. 2 -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the penal law and the general business law, in relation to banning the possession, sale or manufacture of assault weapons and to repeal subdivision 22 of section 265.00 of the penal law relating thereto

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:

1 Section 1. The New York state legislature finds that semi-automatic 2 assault weapons are military-style guns designed to allow rapid and 3 accurate spray firing for the quick and efficient killing of humans. The 4 shooter can simply point - as opposed to carefully aim - the weapon to 5 quickly spray a wide area with a hail of bullets. Gun manufacturers have 6 for many years made, marketed and sold to civilians semi-automatic 7 versions of military assault weapons designed with features specifically 8 intended to increase lethality for military applications. As a result, 9 approximately 2,000,000 assault weapons are currently in circulation in 10 the United States. These weapons have been the weapon of choice in the 11 most notorious mass shootings of innocent civilians in the United 12 States, including the 1999 massacre at Columbine High School (TEC-DC9 13 assault pistol and Hi-Point Carbine) and the 2002 Washington, D.C.-area 14 sniper shootings (Bushmaster XM15 assault rifle). According to FBI data, 15 between 1998 and 2001, one in five law enforcement officers slain in the 16 line of duty was killed with an assault weapon. In 2003, New York lost 17 two of its finest when undercover officers in the elite Firearms Inves- 18 tigation Unit of the NYPD Organized Crime Control Bureau were brutally 19 murdered while attempting to purchase an illegal TEC-9 semi-automatic

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted. LBD06278-03-6

1 assault weapon. The availability of military-style assault weapons poses 2 a serious threat to the public health and safety. Most citizens, includ- 3 ing most gun owners, believe that assault weapons should not be avail- 4 able for civilian use. 5 S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and 6 a new subdivision 22 is added to read as follows: 7 22. "ASSAULT WEAPON" MEANS ANY: 8 (A) SEMI-AUTOMATIC OR PUMP-ACTION RIFLE THAT HAS THE CAPACITY TO 9 ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING: 10 (I) A PISTOL GRIP; 11 (II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE 12 NON-TRIGGER HAND; 13 (III) A FOLDING, TELESCOPING OR THUMBHOLE STOCK; 14 (IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY 15 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE 16 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT 17 ENCLOSES THE BARREL; OR 18 (V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; 19 (B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE 20 WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN 21 ROUNDS OF AMMUNITION; 22 (C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE 23 MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING: 24 (I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE 25 NON-TRIGGER HAND; 26 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK; 27 (III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY 28 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE 29 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT 30 ENCLOSES THE BARREL; 31 (IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR 32 (V) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION 33 OUTSIDE OF THE PISTOL GRIP; 34 (D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING: 35 (I) A PISTOL GRIP OR A VERTICAL HANDGRIP; 36 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK; 37 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR 38 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; 39 (E) SHOTGUN WITH A REVOLVING CYLINDER; 40 (F) CONVERSION KIT, PART, OR COMBINATION OF PARTS, FROM WHICH AN 41 ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR 42 UNDER THE CONTROL OF THE SAME PERSON; OR 43 (G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, DETERMINED BY 44 RULES AND REGULATIONS OF THE SUPERINTENDENT OF STATE POLICE TO BE 45 PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. IN ADDI- 46 TION, THE SUPERINTENDENT OF STATE POLICE SHALL, BY RULES AND REGU- 47 LATIONS, DESIGNATE SPECIFIC SEMIAUTOMATIC CENTERFIRE OR RIMFIRE RIFLES 48 OR SEMIAUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL AND MANUFACTURER`S 49 NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTEN- 50 DENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY SUIT- 51 ABLE FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAPONS, 52 AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, SHALL BE MADE 53 AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC. 54 PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS 55 BEEN RENDERED PERMANENTLY INOPERABLE.

1 S 3. Section 265.00 of the penal law is amended by adding three new 2 subdivisions 24, 25 and 26 to read as follows: 3 24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE, THE 4 FUNCTION OF WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO 5 THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE FIREARM WITHOUT THE 6 USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE. 7 25. "MUZZLE BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON 8 THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL. 9 26. "MUZZLE COMPENSATOR" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A 10 WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT. 11 S 4. Section 265.20 of the penal law is amended by adding a new subdi- 12 vision d to read as follows: 13 D. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY 14 CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED 15 GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL 16 USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE 17 TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED 18 SUCH WEAPON PRIOR TO JANUARY FIRST, TWO THOUSAND SEVEN AND WHO, PRIOR TO 19 APRIL FIRST, TWO THOUSAND SEVEN: 20 1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR 21 2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT 22 AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI- 23 SION A OF THIS SECTION; OR 24 3. REGISTERS THE ASSAULT WEAPON AS PROVIDED FOR IN SUBDIVISION SEVEN 25 OF SECTION THREE HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW. 26 S 5. Subdivision 7 of section 396-ff of the general business law is 27 renumbered subdivision 8 and a new subdivision 7 is added to read as 28 follows: 29 (7) THE DIVISION OF STATE POLICE SHALL NO LATER THAN JANUARY FIRST, 30 TWO THOUSAND SEVEN, PROMULGATE RULES AND REGULATIONS FOR THE ADDITION OF 31 INFORMATION IDENTIFYING ASSAULT WEAPONS LAWFULLY POSSESSED PRIOR TO 32 JANUARY FIRST, TWO THOUSAND SEVEN TO THE DATABANK ESTABLISHED BY THIS 33 SECTION. SUCH RULES AND REGULATIONS SHALL, AT A MINIMUM, SPECIFY PROCE- 34 DURES BY WHICH THE OWNER OF AN ASSAULT WEAPON LAWFULLY POSSESSED PRIOR 35 TO JANUARY FIRST, TWO THOUSAND SEVEN IS TO DELIVER AN ASSAULT WEAPON AND 36 VERIFICATION OF A BACKGROUND CHECK REQUIRED BY 18 USC S 922 TO THE 37 REGIONAL PROGRAM FOR TESTING AND PROMPT RETURN. UPON RECEIPT OF THE 38 SEALED CONTAINER AND INSPECTION OF A CERTIFICATE PROVING THAT A BACK- 39 GROUND CHECK HAS BEEN CONDUCTED AND THE OWNER IS NOT PROHIBITED FROM 40 POSSESSING A FIREARM, THE DIVISION OF STATE POLICE SHALL CAUSE TO BE 41 ENTERED IN THE AUTOMATED ELECTRONIC DATABANK PERTINENT DATA, INCLUDING 42 BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE SHELL CASING AND 43 TO THE ASSAULT WEAPON FROM WHICH IT WAS DISCHARGED, AND THE DATE AND 44 PLACE OF THE BACKGROUND CHECK AND THE NAME OF THE INDIVIDUAL WHO 45 CONDUCTED SUCH BACKGROUND CHECK. 46 S 6. Severability. If any provision or term of this act is for any 47 reason declared unconstitutional or invalid or ineffective by any court 48 of competent jurisdiction, such decision shall not affect the validity 49 or the effectiveness of the remaining portions of this act or any part 50 thereof. 51 S 7. This act shall take effect January 1, 2007.

2 posted on 01/24/2006 6:44:40 AM PST by Wonder Warthog (The Hog of Steel)

Most citizens, including most gun owners, believe that assault weapons should not be available for civilian use.

They just kind of make this crap up as they go along, don't they?

(That's rhetorical question.)

3 posted on 01/24/2006 6:51:57 AM PST by holymoly ("A lot" is TWO words.)

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