Relates to prohibiting the possession of certain 50 caliber firearms; directs the division of state police to embark on a program whereby persons currently in lawful possession of such weapons may be reimbursed for the fair market value thereof upon turning such weapons in to a designated officer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5843
SPONSOR: Kavanagh (MS) TITLE OF BILL: An act to amend the penal law and the executive law,
in relation to banning 50 caliber weapons
PURPOSE:
To prohibit the sale, possession, or use of .50 caliber rifles--extreme-
ly high powered weapons designed to kill humans and disable machinery or
vehicles at distances of well over a mile--which are too large and
unwieldy for effective home defense and too powerful and destructive for
hunting.
SUMMARY OF PROVISIONS:
Section 1: Presents legislative findings. The legislature hereby finds
and declares that 50-caliber or larger weapons having the capacity for
rapidly discharging ammunition have no acceptable purpose. The legisla-
ture additionally finds and declares that such weapons pose such an
imminent threat and danger to the safety and security of the people of
this state that it is necessary to ban the possession and use of such
weapons.
Section 2: This act shall be known and may be cited as the ".50 Caliber
Threat Reduction" Act.
Section 3: Amends section 265.00 of the Penal Law to add a new
subsection (26) defining 50-caliber weapons:
Paragraph (a) provides that 50-caliber weapons include those which: (i)
fire a 50-caliber or larger bullet; or (ii) are capable of firing a
projectile that attains a muzzle energy of 12,000 foot-pounds or greater
in any combination of bullet, propellant, case, or primer, or; (iii) any
copy or duplicate of any such weapon that it capable of firing a projec-
tile that attains a muzzle energy of 12,000 foot-pounds or greater
regardless of caliber.
Paragraph (b) provides an exemption for any firearm that meets the defi-
nition of paragraph (a) but was purchased before the date of enactment
of the chapter of this paragraph.
Paragraph (c) provides an exemption from the definition in paragraph (a)
above for:
(i) any weapon rendered permanently inoperable; (ii) any firearm which
meets the federal definition of an antique found in 18 USC 921; (iii)
any weapon validly registered pursuant to subdivision eighteen of
section 400.00 of this chapter. Such weapons shall be subject to the
provisions of paragraph (d) of this subdivision; (iv) any firearm which
meets the definition of a curio or relic, i.e. manufactured more than 50
years ago; (v) any muzzle-loading rifle or shotgun with a rifled bore;
Section 4: Creates new subdivisions 18 and 19 of section 400 of the
penal code to create a system for the registration of weapons defined in
paragraph (b) of subdivision 26 of section 265.00 of the penal code.
Subdivision 18 requires the owner of a weapon defined in paragraph (b)
of subdivision 26 of section 265.00 of the penal code, to undergo the
same registration processes set up by the SAFE Act for assault weapons
which were exempted (grandfathered) from the prohibition. Within one
year of the effective date, all weapons defined as 50-caliber weapons
which were purchased before this bill was signed into law must be regis-
tered. All registered owners will be subject to a review of disqualifi-
ers by the State Police.
Qualified retired New York or federal law enforcement officers who
purchased a 50-caliber weapon as part of their official duties must
register that weapon within 60 days of retirement.
The state police will establish and maintain a website to educate the
public on what weapons are in fact prohibited. Any person who knowingly
fails to register such a weapon shall be guilty of a class A misdemea-
nor. Those who unknowingly fail to register will be issued a warning and
will have 30 days to come in to compliance with the law or the weapon
will be seized.
Any costs associated with technological upgrades required to electron-
ically transfer registration records by dealers or licensing agency
shall be borne by the state.
Subdivision 19 provides that when one is in violation of this section
but holds an otherwise valid license they will not be subject to prose-
cution for any violation of any provision of section 265.00 of the penal
code related to illegal possession and will only be guilty of a class a
misdemeanor.
Section 5: Creates a new subdivision (11) of section 265.02 of the penal
law to include possession of a 50-caliber weapon among the offenses that
constitute criminal possession of a weapon in the third degree.
Section 6: Amends subdivision 3 of section 265.00 of the penal code to
include 50 caliber-weapons in the definition of "firearm."
Section 7: Amends subdivisions 1, 2, 3, and 6 of section 265.10 of the
penal code to include 50 caliber-weapons alongside assault weapons and
machine guns in order to prohibit the manufacture, transport, improper
disposal, and willful defacement of such weapons.
Section 8: Amends paragraph 8 of subdivision (a) of section 265.20 of
the penal code to include 50 caliber-weapons alongside assault weapons
and machine guns, to exempt manufacturers' from prosecution when they
are producing, repairing or developing 50 caliber weapons for official
use by police officers, correctional officers, or the military.
Section 9: Creates a new subdivision (f) of section 265.20 of the penal
law which excludes 50-caliber weapons from the definitions of the terms
"pistol," "revolver," "rifle," and "shotgun" in paragraphs 3-5, 7-7b,
and 12-13a of subdivision (a) of section 265.20.
Section 10: Amends the executive law by adding a new section 231 to
include a provision which mandates that all licensed dealers in New York
will be able to return any unsold new 50-caliber weapons to the manufac-
turer for a full refund within 30 days of the effective date of this
section. In cases where the manufacturer refuses or fails to provide a
full refund, the dealer shall immediately notify the attorney general so
that he or she may intercede on behalf of the dealer. Further, within 30
days of the effective date any person may turn in a used .50 caliber
weapon to the state police in exchange for fair market value.
Section 11: Sets forth the effective date.
JUSTIFICATION:
50-caliber styled weapons are some of the most dangerous in the U.S.
military's arsenal and perhaps the most dangerous weapons legally avail-
able in the state of New York. These extremely high powered rifles are
designed to kill human beings and disable machinery and materiel at
distances of well over a mile. Due to the large size of bullet used by
these rifles and the high velocity at which these bullets are fired, the
rifle can be extremely accurate at long range when handled by an experi-
enced shooter.
While the Second Amendment protects the right to keep and bear arms, the
Supreme Court has said that this right is "not unlimited." District of
Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). The court also recog-
nized the historical tradition of prohibiting "'dangerous and unusual'
weapons." Id. at 626-27. This legislation heeds the guidance of the
Supreme Court by increasing the safety of New Yorkers while observing
the protections of the Second Amendment.
50-caliber styled weapons are readily available to civilians in gun
stores and through the internet, leading to thousands of rifles having
been sold throughout the country in the last two decades. Some weapons
are so dangerous that we simply cannot afford to continue selling them
in our state. It is exactly the benefit of 50-caliber weapons to the
military that make them such a potentially dangerous weapon in the wrong
hands. A weapon with the capacity to kill a human at over a mile, pierce
body and vehicle armor, and destroy military and civilian infrastructure
could cause considerable destruction and havoc.
Alarmingly, Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF) investigators have found that some of these weapons have ended up
in the hands of domestic and international terrorist organizations,
international drug traffickers, and violent criminals.
Despite their versatility in war, these rifles have limited lawful
purposes. They weigh between twenty and forty pounds and measure almost
five feet in length. They are too large and unwieldy for effective home
defense and too powerful and destructive for hunting.
This bill will require the registration of all covered 50-caliber weap-
ons in the state purchased before the effective date of the ban, will
prohibit the sale of new 50-caliber weapons, and will prohibit other
transfers of 50-caliber weapons. This legislation is necessary to
protect our citizens and the law enforcement personnel who risk their
lives to keep us safe.
Past attempts in other places to limit the sale of 50-caliber weapons
have been thwarted by gun manufacturers who have made slight adjustments
to the weapons in order to bring them into compliance with the law.
These modified weapons, however, are no less dangerous than their prede-
cessors. In order to address this problem, this bill seeks to broaden
the definition of 50-caliber weapons to include not only those weapons
which fire a round that is 50-caliber or higher, but also all weapons
which fire a round that generates 12,000 lbs of muzzle energy. The bill
therefore effectively balances the competing interests noted by the
Supreme Court in its Heller decision by prohibiting new sales or trans-
fers of 50-caliber rifles which are too high powered to be useful for
any usual lawful purposes, like home protection, self-defense, or hunt-
ing.
LEGISLATIVE HISTORY:
2014: A03322A (Kavanagh) - Codes
2013: A03322 (Kavanagh) - Codes
2012: A05926 (Kavanagh) - Codes
2011: A05926 (Kavanagh) - Codes
2010: A09904 (Kavanagh) - Codes
FISCAL IMPACT ON THE STATE:
Unknown.
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that sections
one through nine of this act shall take effect on the thirtieth day
after this act shall have become a law.
