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A09958 Summary:

BILL NOA09958
 
SAME ASSAME AS S08719
 
SPONSORFahy
 
COSPNSRHeastie, Lentol, Simotas, Steck, Mosley, McDonald, Gottfried, Abbate, Sepulveda, Mayer, Ortiz, Niou, Zebrowski, Solages, Buchwald, Lupardo, Thiele, Simon, Englebright, D'Urso, Quart, Galef, Glick, Dinowitz, McDonough, Colton, Titone, Rosenthal L, Jaffee, Weprin, Abinanti, Braunstein, Seawright, Harris, Lavine, Hooper, Perry, Paulin, Morelle, Ramos, Arroyo, Pichardo, Vanel, De La Rosa, Hyndman, O'Donnell, Pellegrino, Taylor, Skoufis, Blake, Bichotte, Otis
 
MLTSPNSRCrouch, Hevesi, Jean-Pierre, Lifton, Skartados
 
Add 265.01-c, amd 265.10 & 265.20, Pen L
 
Prohibits the possession, manufacture, transport and disposition of trigger modification devices; exemptions.
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A09958 Actions:

BILL NOA09958
 
03/01/2018referred to codes
03/05/2018reported referred to rules
03/06/2018reported
03/06/2018rules report cal.12
03/06/2018ordered to third reading rules cal.12
03/06/2018passed assembly
03/06/2018delivered to senate
03/06/2018REFERRED TO CODES
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A09958 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9958
 
SPONSOR: Fahy (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to prohibiting the possession, manufacture, transport and disposition of trigger modifica- tion devices   PURPOSE OR GENERAL IDEA OF BILL: To prohibit the possession, manufacture, transportation, shipment and sale of items that accelerate the firing rate of firearms, rifles, or shotguns.   SUMMARY OF PROVISIONS: Section 1 creates a new section 265.01-c in the penal law prohibiting the possession of certain trigger modification devices. Section 2 amends subdivisions (1),(2), and (3) of § 265.10 of the penal law to set forth the penalties for the manufacture, transport or disposal of certain trigger modification devices. Sections 3, 4 and 5 make conforming changes to the exemption provisions of § 265.20. Section 6 sets forth the effective date.   JUSTIFICATION: The possession of machine guns by civilians has been prohibited in the United States for close to one hundred years. There is no legitimate reason for any person to possess the functional equivalent of a machine gun.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately; however, section one shall take effect 120 days after becoming law.
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A09958 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9958
 
                   IN ASSEMBLY
 
                                      March 1, 2018
                                       ___________
 
        Introduced  by  M.  of A. FAHY, HEASTIE, LENTOL, SIMOTAS, STECK, MOSLEY,
          McDONALD, GOTTFRIED, ABBATE, SEPULVEDA, MAYER, ORTIZ, NIOU, ZEBROWSKI,
          SOLAGES, BUCHWALD, LUPARDO, THIELE, SIMON, ENGLEBRIGHT, D'URSO, QUART,
          GALEF,  GLICK,  DINOWITZ,  McDONOUGH,  COLTON,  TITONE,  L. ROSENTHAL,
          JAFFEE, WEPRIN, ABINANTI, BRAUNSTEIN, SEAWRIGHT, HARRIS, LAVINE, HOOP-
          ER,   PERRY,   PAULIN,   MORELLE,   RAMOS,  ARROYO,  PICHARDO,  VANEL,
          DE LA ROSA, HYNDMAN, O'DONNELL, PELLEGRINO, TAYLOR --  Multi-Sponsored
          by  -- M. of A. CROUCH, HEVESI, JEAN-PIERRE, LIFTON, SKARTADOS -- read
          once and referred to the Committee on Codes
 
        AN  ACT  to  amend  the  penal  law,  in  relation  to  prohibiting  the
          possession,  manufacture, transport and disposition of trigger modifi-
          cation devices
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The penal law is amended by adding a new section 265.01-c
     2  to read as follows:
     3  § 265.01-c Criminal possession of a trigger modification device.
     4    A person is guilty of criminal possession of  a  trigger  modification
     5  device  when,  with  knowledge  of  the  character  thereof,  he  or she
     6  possesses a trigger crank, a bump-fire device, or other  combination  of
     7  parts,  component, device, attachment or accessory, which is designed or
     8  intended to function to accelerate the rate of fire of a firearm,  rifle
     9  or  shotgun  in  such  a  way  so  as to operate in the same manner as a
    10  machine-gun.
    11    Criminal possession of a trigger modification  device  is  a  class  A
    12  misdemeanor.
    13    §  2.  Subdivisions  1,  2  and  3 of section 265.10 of the penal law,
    14  subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008,  and
    15  subdivision 3 as amended by chapter 189 of the laws of 2000, are amended
    16  to read as follows:
    17    1.  Any  person  who  manufactures  or  causes  to be manufactured any
    18  machine-gun, assault weapon, large capacity ammunition feeding device or
    19  disguised gun is guilty of a class D felony. Any person who manufactures
    20  or causes to be manufactured a trigger crank,  a  bump-fire  device,  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14972-02-8

        A. 9958                             2
 
     1  other  combination of parts, component, device, attachment or accessory,
     2  which is designed or intended to function to accelerate the rate of fire
     3  of a firearm, rifle or shotgun in such a way so as  to  operate  in  the
     4  same  manner  as a machine-gun is guilty of a class E felony. Any person
     5  who manufactures or causes to be  manufactured  any  switchblade  knife,
     6  gravity  knife,  pilum  ballistic  knife,  metal  knuckle  knife, billy,
     7  blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu  star,
     8  chuka  stick,  sandbag,  sandclub  or  slungshot  is guilty of a class A
     9  misdemeanor.
    10    2. Any person who transports or ships any machine-gun, firearm silenc-
    11  er, assault weapon  or  large  capacity  ammunition  feeding  device  or
    12  disguised  gun,  or  who transports or ships as merchandise five or more
    13  firearms, is guilty of a class D felony. Any person  who  transports  or
    14  ships  a  trigger  crank,  a  bump-fire  device, or other combination of
    15  parts, component, device, attachment or accessory, which is designed  or
    16  intended  to function to accelerate the rate of fire of a firearm, rifle
    17  or shotgun in such a way so as to  operate  in  the  same  manner  as  a
    18  machine-gun  is guilty of a class E felony. Any person who transports or
    19  ships as merchandise any firearm, other than an assault weapon,  switch-
    20  blade  knife,  gravity  knife,  pilum ballistic knife, billy, blackjack,
    21  bludgeon, plastic knuckles, metal knuckles, Kung Fu star,  chuka  stick,
    22  sandbag or slungshot is guilty of a class A misdemeanor.
    23    3.  Any  person who disposes of any machine-gun, assault weapon, large
    24  capacity ammunition feeding device or firearm silencer is  guilty  of  a
    25  class  D felony. Any person who disposes of a trigger crank, a bump-fire
    26  device, or other combination of parts, component, device, attachment  or
    27  accessory,  which  is designed or intended to function to accelerate the
    28  rate of fire of a firearm, rifle or shotgun in such a way so as to oper-
    29  ate in the same manner as a machine-gun is guilty of a class  E  felony.
    30  Any  person  who  knowingly  buys,  receives, disposes of, or conceals a
    31  machine-gun, firearm, large capacity ammunition feeding device, rifle or
    32  shotgun which has  been  defaced  for  the  purpose  of  concealment  or
    33  prevention  of  the detection of a crime or misrepresenting the identity
    34  of such machine-gun, firearm, large capacity ammunition feeding  device,
    35  rifle or shotgun is guilty of a class D felony.
    36    §  3.  The opening paragraph of subdivision a of section 265.20 of the
    37  penal law, as amended by section 1 of part FF of chapter 57 of the  laws
    38  of 2013, is amended to read as follows:
    39    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
    40  265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02,
    41  265.03,  265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
    42  265.37 and 270.05 shall not apply to:
    43    § 4. The opening paragraph of paragraph 1 of subdivision a of  section
    44  265.20 of the penal law, as amended by chapter 1041 of the laws of 1974,
    45  is amended to read as follows:
    46    Possession   of   any  of  the  weapons,  instruments,  appliances  or
    47  substances specified  in  sections  265.01,  265.01-c,  265.02,  265.03,
    48  265.04, 265.05 and 270.05 by the following:
    49    §  5.  Paragraphs  2  and  8 of subdivision a of section 265.20 of the
    50  penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and
    51  paragraph 8 as amended by chapter 61 of the laws of 2010, are amended to
    52  read as follows:
    53    2. Possession of a  machine-gun,  large  capacity  ammunition  feeding
    54  device,  trigger modification device as described in section 265.01-c of
    55  this article, firearm, switchblade knife, gravity knife, pilum ballistic
    56  knife, billy or blackjack by a  warden,  superintendent,  headkeeper  or

        A. 9958                             3
 
     1  deputy  of a state prison, penitentiary, workhouse, county jail or other
     2  institution for the detention of persons convicted or accused  of  crime
     3  or  detained as witnesses in criminal cases, in pursuit of official duty
     4  or when duly authorized by regulation or order to possess the same.
     5    8.  The manufacturer of machine-guns, firearm silencers, assault weap-
     6  ons, large capacity ammunition  feeding  devices,  trigger  modification
     7  devices  as  described  in  section  265.01-c of this article, disguised
     8  guns, pilum ballistic knives, switchblade or gravity knives, billies  or
     9  blackjacks  as merchandise, or as a transferee recipient of the same for
    10  repair,  lawful  distribution  or  research  and  development,  and  the
    11  disposal  and  shipment  thereof  direct  to  a regularly constituted or
    12  appointed state or municipal police department,  sheriff,  policeman  or
    13  other  peace  officer,  or  to  a state prison, penitentiary, workhouse,
    14  county jail or other institution for the detention of persons  convicted
    15  or  accused  of  crime or held as witnesses in criminal cases, or to the
    16  military service of this state or of  the  United  States;  or  for  the
    17  repair  and  return  of the same to the lawful possessor or for research
    18  and development.
    19    § 6. This act shall take effect immediately; provided,  however,  that
    20  section  one  of this act shall take effect on the one hundred twentieth
    21  day after it shall have become a law.
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