A08717 Summary:

BILL NOA08717
 
SAME ASSAME AS S06918
 
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, Lavine, Hooper, Perry, Paulin, Morelle, Ramos, Arroyo, Pichardo, Vanel, De La Rosa, Hyndman, O'Donnell, Pellegrino, Taylor, Lawrence
 
MLTSPNSRCrouch, Hevesi, Jean-Pierre, Lifton, Skartados
 
Amd §§265.01 & 265.10, Pen L; amd §§897 & 898, Gen Bus L
 
Relates to the possession, manufacture or sale of a trigger crank, a bump-fire device or other firing accelerators.
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A08717 Actions:

BILL NOA08717
 
10/05/2017referred to codes
01/03/2018referred to codes
02/06/2018reported
02/08/2018advanced to third reading cal.642
03/12/2018recommitted to codes
03/12/2018enacting clause stricken
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A08717 Committee Votes:

CODES Chair:Lentol DATE:02/06/2018AYE/NAY:21/0 Action: Favorable
LentolAyeCurranAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
TitusAyeGarbarinoAye
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiExcused
FahyAye
SeawrightAye

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A08717 Floor Votes:

There are no votes for this bill in this legislative session.
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A08717 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8717
 
SPONSOR: Fahy
  TITLE OF BILL: An act to amend the penal law and the general business law, in relation to the possession, manufacture or sale of a trigger crank, a bump-fire device or other firing accelerators   PURPOSE OR GENERAL IDEA OF BILL: To prohibit the possession, manufacture, transportation, shipment and sale of items that accelerate the firing rate of semi-automatic rifles.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends § 265.01, subdivision (2) of the penal law. Section 2 amends § 265.10 subdivisions (1) and (2) of the penal law. Section 3 amends § 898 of the general business law by adding a new subdivision 6.   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: None   EFFECTIVE DATE: Sections one of this act shall take effect 120 days after becoming law. Sections two and three shall take effect immediately after becoming law.
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A08717 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8717
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     October 5, 2017
                                       ___________
 
        Introduced  by  M. of A. FAHY, HEASTIE, LENTOL -- read once and referred
          to the Committee on Codes
 
        AN ACT to amend the penal law and the general business law, in  relation
          to the possession, manufacture or sale of a trigger crank, a bump-fire
          device or other firing accelerators

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 265.01 of the penal law is amended by adding a  new
     2  subdivision 9 to read as follows:
     3    (9)  A  person  is  guilty  of  criminal possession of a weapon in the
     4  fourth  degree  when,  with  knowledge  of  the  character  thereof,  he
     5  possesses  a trigger crank, a bump-fire device, or any part, combination
     6  of parts, component, device, attachment, or accessory which is  designed
     7  or functions to accelerate the rate of fire of a semi-automatic rifle in
     8  such a way so as to approximate the operation of a machine-gun.
     9    §  2.  Subdivisions  1  and  2  of section 265.10 of the penal law, as
    10  amended by chapter 257 of the laws of  2008,  are  amended  to  read  as
    11  follows:
    12    1.  Any  person  who  manufactures  or  causes  to be manufactured any
    13  machine-gun, assault weapon, large capacity ammunition feeding device or
    14  disguised gun is guilty of a class D felony. Any person who manufactures
    15  or causes to be manufactured a trigger crank, a bump-fire device, or any
    16  part, combination of parts, component, device, attachment, or  accessory
    17  which is designed or functions to accelerate the rate of fire of a semi-
    18  automatic  rifle  in  such a way so as to approximate the operation of a
    19  machine-gun is guilty of a class E felony. Any person  who  manufactures
    20  or causes to be manufactured any switchblade knife, gravity knife, pilum
    21  ballistic  knife, metal knuckle knife, billy, blackjack, bludgeon, plas-
    22  tic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag,  sand-
    23  club or slungshot is guilty of a class A misdemeanor.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13595-02-7

        A. 8717                             2
 
     1    2. Any person who transports or ships any machine-gun, firearm silenc-
     2  er,  assault  weapon  or  large  capacity  ammunition  feeding device or
     3  disguised gun, or who transports or ships as merchandise  five  or  more
     4  firearms,  is  guilty  of a class D felony. Any person who transports or
     5  ships  a  trigger crank, a bump-fire device, or any part, combination of
     6  parts, component, device, attachment, or accessory which is designed  or
     7  functions  to  accelerate  the rate of fire of a semi-automatic rifle in
     8  such a way so as to approximate the operation of a machine-gun is guilty
     9  of a class E felony. Any person who transports or ships  as  merchandise
    10  any  firearm,  other  than an assault weapon, switchblade knife, gravity
    11  knife, pilum ballistic knife, billy, blackjack, bludgeon, plastic knuck-
    12  les, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot  is
    13  guilty of a class A misdemeanor.
    14    §  3.  Subdivision  3  of  section  897 of the general business law is
    15  renumbered subdivision 4 and a new subdivision 3 is  added  to  read  as
    16  follows:
    17    3.  No  trigger crank, a bump-fire device, or any part, combination of
    18  parts, component, device, attachment, or accessory which is designed  or
    19  functions  to  accelerate  the rate of fire of a semi-automatic rifle in
    20  such a way so as to approximate the operation of a machine-gun shall  be
    21  sold  in  this  state  to  any  person, firm, association or corporation
    22  except that nothing in this section shall be  construed  to  forbid  the
    23  sale of such goods to the state or any political subdivision thereof for
    24  a law enforcement agency.
    25    §  4.  Subdivision  6  of  section  898 of the general business law is
    26  renumbered subdivision 7 and a new subdivision 6 is  added  to  read  as
    27  follows:
    28    6.  No  trigger crank, a bump-fire device, or any part, combination of
    29  parts, component, device, attachment, or accessory which is designed  or
    30  functions  to  accelerate  the rate of fire of a semi-automatic rifle in
    31  such a way so as to approximate the operation of a machine-gun shall  be
    32  sold  in  this  state  to  any  person, firm, association or corporation
    33  except that nothing in this section shall be  construed  to  forbid  the
    34  sale of such goods to the state or any political subdivision thereof for
    35  a law enforcement agency.
    36    §  5.  This act shall take effect immediately; provided, however, that
    37  section one of this act shall take effect on the one  hundred  twentieth
    38  day after it shall have become a law.
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