STATE OF NEW YORK
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8640
2015-2016 Regular Sessions
IN ASSEMBLY
December 23, 2015
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the possession of certain
antique files or replicas thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 23 of section 265.00 of the penal law, as
2 amended by chapter 1 of the laws of 2013, is amended to read as follows:
3 23. "Large capacity ammunition feeding device" means a magazine, belt,
4 drum, feed strip, or similar device, that [(a)] has a capacity of, or
5 that can be readily restored or converted to accept, more than ten
6 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
7 tion, or (c) is obtained after the effective date of the chapter of the
8 laws of two thousand thirteen which amended this subdivision and has a
9 capacity of, or that can be readily restored or converted to accept,
10 more than seven rounds of ammunition]; provided, however, that such term
11 does not include an attached tubular device designed to accept, and
12 capable of operating only with, .22 caliber rimfire ammunition or a
13 feeding device that is a curio or relic. A feeding device that is a
14 curio or relic is defined as a device that (i) was manufactured at least
15 fifty years prior to the current date, (ii) is only capable of being
16 used exclusively in a firearm, rifle, or shotgun that was manufactured
17 at least fifty years prior to the current date, but not including repli-
18 cas thereof, (iii) is possessed by an individual who is not prohibited
19 by state or federal law from possessing a firearm and (iv) is registered
20 with the division of state police pursuant to subdivision sixteen-a of
21 section 400.00 of this chapter, except such feeding devices transferred
22 into the state may be registered at any time, provided they are regis-
23 tered within thirty days of their transfer into the state. Provided,
24 further, that such term shall also not include an attached tubular
25 device designed to accept, and capable of operating only with .44 cali-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13388-01-5
A. 8640 2
1 ber rimfire or .44-40 caliber ammunition if such tubular device is
2 attached to a rifle that was manufactured at least fifty years ago, or
3 modern day replicas of such rifle. Notwithstanding paragraph (h) of
4 subdivision twenty-two of this section, such feeding devices may be
5 transferred provided that such transfer shall be subject to the
6 provisions of section 400.03 of this chapter including the check
7 required to be conducted pursuant to such section.
8 § 2. This act shall take effect immediately.
