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

                                         2379

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                   February 19, 2009
                                      ___________

       Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes

       AN ACT to amend the penal law, in relation to the  possession  of  armor
         piercing, frangible or devastator ammunition

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

    1    Section 1. Subdivision 18 of section 265.00 of the penal law, as added
    2  by chapter 646 of the laws of 1986, is amended to read as follows:
    3    18. "Armor piercing ammunition" means any ammunition [capable of being
    4  used in pistols or revolvers]  containing  a  projectile  or  projectile
    5  core[,  or  a  projectile or projectile core for use in such ammunition,
    6  that is] constructed entirely (excluding the presence of traces of other
    7  substances) from one or a combination of any of the following:  tungsten
    8  alloys,  steel,  iron,  brass,  bronze,  beryllium copper, [or] uranium,
    9  CERAMICS, OR POLYMER PLASTICS AND CAPABLE OF BEING USED IN  PISTOLS  AND
   10  REVOLVERS.
   11    S  2.  Section  265.00  of  the penal law is amended by adding two new
   12  subdivisions 24 and 25 to read as follows:
   13    24. "FRANGIBLE AMMUNITION" MEANS ANY AMMUNITION WITH A  PROJECTILE  OR
   14  PROJECTILE CORE COMPOSED OF HYBRID MATERIALS, EITHER PRESSED TOGETHER AT
   15  HIGH  PRESSURE  OR  GLUED  TOGETHER  WITH ADHESIVES, WHICH IS CAPABLE OF
   16  BEING USED IN PISTOLS OR REVOLVERS AND IS DESIGNED TO FRACTURE OR DISIN-
   17  TEGRATE UPON IMPACT.
   18    25. "DEVASTATOR AMMUNITION" MEANS ANY AMMUNITION WITH A PROJECTILE  OR
   19  PROJECTILE  CORE  WHICH IS CAPABLE OF BEING USED IN PISTOLS OR REVOLVERS
   20  AND DESIGNED TO EXPLODE OR DETONATE UPON IMPACT.
   21    S 3. Subdivisions 7 and 8 of section 265.01 of the penal law, subdivi-
   22  sion 7 as added by chapter 807 of the laws of 1981 and subdivision 8  as
   23  added  by  chapter  646  of  the  laws  of  1986, are amended to read as
   24  follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02287-01-9
       S. 2379                             2

    1    (7)  He  [knowingly]  possesses  [a  bullet  containing  an  explosive
    2  substance designed to detonate upon impact] ANY DEVASTATOR AMMUNITION.
    3    (8) He possesses any armor piercing ammunition [with intent to use the
    4  same unlawfully against another] OR FRANGIBLE AMMUNITION.
    5    S  4.  Subdivision 8 of section 265.02 of the penal law, as amended by
    6  chapter 764 of the laws of 2005, is amended and two new  subdivisions  9
    7  and 10 are added to read as follows:
    8    (8)   Such  person  possesses  a  large  capacity  ammunition  feeding
    9  device[.]; OR
   10    (9) SUCH PERSON KNOWINGLY POSSESSES ANY DEVASTATOR AMMUNITION WITH THE
   11  INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER PERSON OR HIS  OR  HER
   12  PROPERTY; OR
   13    (10)  SUCH PERSON KNOWINGLY POSSESSES ANY ARMOR PIERCING AMMUNITION OR
   14  FRANGIBLE AMMUNITION WITH INTENT TO  USE  THE  SAME  UNLAWFULLY  AGAINST
   15  ANOTHER.
   16    S 5. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.