A03211 Summary:
BILL NO | A03211A |
  | |
SAME AS | SAME AS S04752 |
  | |
SPONSOR | Eddington (MS) |
  | |
COSPNSR | Bing, Lifton, Bradley, Ramos, Kavanagh |
  | |
MLTSPNSR | Dinowitz, Englebright, Glick, Gottfried, Hoyt, John, Koon, Ortiz, Paulin, Peoples-Stokes, Perry, Pheffer, Scarborough, Towns, Weinstein, Weisenberg |
  | |
Amd Pen L, generally; add S231, Exec L | |
  | |
Bans the sale, use or possession of 50-caliber or larger weapons and 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. |
A03211 Actions:
BILL NO | A03211A | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/23/2009 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
04/16/2009 | amend and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
04/16/2009 | print number 3211a | |||||||||||||||||||||||||||||||||||||||||||||||||
04/21/2009 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
04/21/2009 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
04/23/2009 | advanced to third reading cal.376 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/28/2009 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
04/28/2009 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
04/28/2009 | REFERRED TO CODES |
A03211 Floor Votes:
Yes
Abbate
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
No
Oaks
No
Sayward
No
Alessi
ER
Carrozza
No
Gabryszak
No
Kolb
Yes
O'Donnell
Yes
Scarborough
Yes
Alfano
ER
Castro
Yes
Galef
Yes
Koon
No
O'Mara
Yes
Schimel
No
Amedore
Yes
Christensen
Yes
Gantt
Yes
Lancman
Yes
Ortiz
ER
Schimminger
Yes
Arroyo
Yes
Clark
Yes
Gianaris
Yes
Latimer
No
Parment
No
Schroeder
Yes
Aubry
Yes
Colton
No
Giglio
Yes
Lavine
ER
Paulin
No
Scozzafava
No
Bacalles
No
Conte
Yes
Glick
Yes
Lentol
Yes
Peoples
ER
Seminerio
No
Ball
Yes
Cook
No
Gordon
Yes
Lifton
Yes
Peralta
Yes
Skartados
No
Barclay
No
Corwin
Yes
Gottfried
No
Lopez PD
Yes
Perry
Yes
Spano
Yes
Barra
No
Crouch
Yes
Greene
Yes
Lopez VJ
Yes
Pheffer
No
Stirpe
Yes
Barron
Yes
Cusick
No
Gunther
No
Lupardo
Yes
Powell
Yes
Sweeney
Yes
Benedetto
Yes
Cymbrowitz
No
Hawley
No
Magee
Yes
Pretlow
No
Tedisco
Yes
Benjamin
No
DelMonte
No
Hayes
Yes
Magnarelli
No
Quinn
No
Thiele
Yes
Bing
Yes
DenDekker
Yes
Heastie
Yes
Maisel
No
Rabbitt
Yes
Titone
Yes
Boyland
No
Destito
Yes
Hevesi
Yes
Markey
No
Raia
Yes
Titus
No
Boyle
Yes
Diaz
ER
Hikind
Yes
Mayersohn
Yes
Ramos
ER
Tobacco
Yes
Bradley
Yes
Dinowitz
Yes
Hooper
No
McDonough
No
Reilich
Yes
Towns
Yes
Brennan
No
Duprey
Yes
Hoyt
Yes
McEneny
No
Reilly
No
Townsend
Yes
Brodsky
Yes
Eddington
Yes
Hyer Spencer
Yes
McKevitt
Yes
Rivera J
No
Walker
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
Yes
Rivera N
Yes
Weinstein
No
Burling
No
Errigo
Yes
Jaffee
No
Miller
Yes
Rivera PM
Yes
Weisenberg
No
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Millman
ER
Robinson
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
No
Molinaro
Yes
Rosenthal
ER
Wright
No
Calhoun
No
Fields
No
Jordan
Yes
Morelle
No
Russell
Yes
Zebrowski
Yes
Camara
No
Finch
Yes
Kavanagh
Yes
Nolan
No
Saladino
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A03211 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3211--A 2009-2010 Regular Sessions IN ASSEMBLY January 23, 2009 ___________ Introduced by M. of A. EDDINGTON, BING, LIFTON, BRADLEY, RAMOS, ALESSI, KAVANAGH -- Multi-Sponsored by -- M. of A. DIAZ, DINOWITZ, ENGLE- BRIGHT, GLICK, GOTTFRIED, HOYT, JOHN, KOON, ORTIZ, PAULIN, PEOPLES, PERRY, PHEFFER, SCARBOROUGH, WEINSTEIN, WEISENBERG -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the penal law and the executive law, in relation to banning the sale, possession or use of 50-caliber weapons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and declaration. The legislature here- 2 by finds and declares that 50-caliber or larger weapons having the 3 capacity for rapidly discharging ammunition have no acceptable purpose. 4 The legislature additionally finds and declares that such weapons pose 5 such an imminent threat and danger to the safety and security of the 6 people of this state that it is necessary to ban the possession and use 7 of such weapons. 8 § 2. Subdivisions 8 and 9 of section 265.00 of the penal law, as 9 amended by chapter 189 of the laws of 2000, are amended to read as 10 follows: 11 8. "Gunsmith" means any person, firm, partnership, corporation or 12 company who engages in the business of repairing, altering, assembling, 13 manufacturing, cleaning, polishing, engraving or trueing, or who 14 performs any mechanical operation on, any firearm, large capacity ammu- 15 nition feeding device, 50-caliber weapon or machine-gun. 16 9. "Dealer in firearms" means any person, firm, partnership, corpo- 17 ration or company who engages in the business of purchasing, selling, 18 keeping for sale, loaning, leasing, or in any manner disposing of, any 19 assault weapon, large capacity ammunition feeding device, 50-caliber 20 weapon, pistol or revolver. 21 § 3. Section 265.00 of the penal law is amended by adding a new subdi- 22 vision 24 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02834-02-9A. 3211--A 2 1 24. "50-caliber weapon" means a rifle capable of firing a center-fire 2 cartridge in 50-caliber or larger, .50 BMG caliber or larger, any other 3 variant of 50-caliber or larger, or any other metric equivalent of such 4 caliber, provided, however, that nothing in this subdivision shall be 5 construed to include any muzzle loading rifle or shotgun with a rifled 6 bore. 7 § 4. Subdivision 3 of section 265.02 of the penal law, as amended by 8 chapter 764 of the laws of 2005, is amended to read as follows: 9 (3) Such person knowingly possesses a machine-gun, a 50-caliber weap- 10 on, firearm, rifle or shotgun which has been defaced for the purpose of 11 concealment or prevention of the detection of a crime or misrepresenting 12 the identity of such machine-gun, 50-caliber weapon, firearm, rifle or 13 shotgun; or 14 § 5. Section 265.02 of the penal law is amended by adding a new subdi- 15 vision 4 to read as follows: 16 (4) Such person possesses any 50-caliber weapon; or 17 § 6. Section 265.03 of the penal law, as amended by chapter 742 of the 18 laws of 2006 and subdivisions 1 and 3 as amended by chapter 745 of the 19 laws of 2006, is amended to read as follows: 20 § 265.03 Criminal possession of a weapon in the second degree. 21 A person is guilty of criminal possession of a weapon in the second 22 degree when such person: 23 (1) [with intent to use the same unlawfully against another, such24person:25(a)] possesses a machine-gun; or 26 [(b)] (2) possesses a 50-caliber weapon or a loaded firearm with 27 intent to use the same unlawfully against another; or 28 [(c)] (3) possesses a disguised gun with intent to use the same unlaw- 29 fully against another; or 30 [(2) such person] (4) possesses five or more firearms; or 31 [(3)] (5) such person possesses any loaded firearm. Such possession 32 shall not, except as provided in subdivision one or seven of section 33 265.02 of this article, constitute a violation of this subdivision if 34 such possession takes place in such person's home or place of business. 35 Criminal possession of a weapon in the second degree is a class C 36 felony. 37 § 7. The penal law is amended by adding two new sections 265.45 and 38 265.46 to read as follows: 39 § 265.45 Criminal use of a 50-caliber weapon in the second degree. 40 1. A person is guilty of criminal use of a 50-caliber weapon in the 41 second degree when he commits any class C violent felony offense as 42 defined in paragraph (b) of subdivision one of section 70.02 of this 43 chapter and he uses a 50-caliber weapon, as defined in subdivision twen- 44 ty-four of section 265.00 of this article, if the 50-caliber weapon is a 45 loaded 50-caliber weapon from which a shot, readily capable of producing 46 death or other serious injury may be discharged. 47 2. Notwithstanding any other provision of law to the contrary, when a 48 person is convicted of criminal use of a 50-caliber weapon in the second 49 degree as defined in subdivision one of this section the court shall 50 impose an additional consecutive term of five years to the minimum term 51 of the indeterminate sentence or term of the determinate sentence 52 imposed on the underlying class C violent felony conviction. Notwith- 53 standing any other provision of law to the contrary, the aggregate of 54 the five year consecutive term imposed pursuant to this subdivision and 55 the minimum term of an indeterminate sentence imposed on the underlying 56 class C violent felony conviction shall constitute the new aggregateA. 3211--A 3 1 minimum term of imprisonment, and a defendant subject to such term shall 2 be required to serve the entire aggregate minimum term and shall not be 3 eligible for release on parole or other discretionary release during 4 such term. 5 § 265.46 Criminal use of a 50-caliber weapon in the first degree. 6 1. A person is guilty of criminal use of a 50-caliber weapon in the 7 first degree when he commits any class A felony offense constituting 8 murder, kidnapping, arson, conspiracy or sale of a controlled substance 9 or attempts to commit any such class A felony where such attempt also 10 constitutes a class A felony, or any class B violent felony offense as 11 defined in paragraph (a) of subdivision one of section 70.02 of this 12 chapter and he uses a 50-caliber weapon, as defined in subdivision twen- 13 ty-four of section 265.00 of this article, if the 50-caliber weapon is a 14 loaded 50-caliber weapon from which a shot, readily capable of producing 15 death or other serious injury may be discharged. 16 2. Notwithstanding any other provision of law to the contrary, when a 17 person is convicted of criminal use of a 50-caliber weapon in the first 18 degree as defined in subdivision one of this section the court shall 19 impose an additional consecutive term of ten years to the minimum term 20 of the indeterminate sentence or term of the determinate sentence 21 imposed on the underlying class A or class B violent felony conviction. 22 Notwithstanding any other provision of law to the contrary, the aggre- 23 gate of the ten year consecutive term imposed pursuant to this subdivi- 24 sion and the minimum term of an indeterminate sentence imposed on the 25 underlying class A or class B violent felony conviction shall constitute 26 the new aggregate minimum term of imprisonment, and a defendant subject 27 to such term shall be required to serve the entire aggregate minimum 28 term and shall not be eligible for release on parole or other discre- 29 tionary release during such term. 30 § 8. Subdivision 2 of section 265.08 of the penal law, as added by 31 chapter 233 of the laws of 1980, is amended to read as follows: 32 (2) displays what appears to be a pistol, revolver, rifle, shotgun, 33 50-caliber weapon, machine gun or other firearm. 34 § 9. Paragraph (b) of subdivision 1 of section 265.09 of the penal 35 law, as amended by chapter 650 of the laws of 1996, is amended to read 36 as follows: 37 (b) displays what appears to be a pistol, revolver, rifle, shotgun, 38 50-caliber weapon, machine gun or other firearm. 39 § 10. Subdivisions 2, 3 and 6 of section 265.10 of the penal law, 40 subdivision 2 as amended by chapter 257 of the laws of 2008 and subdivi- 41 sions 3 and 6 as amended by chapter 189 of the laws of 2000, are amended 42 to read as follows: 43 2. Any person who transports or ships any machine-gun, 50-caliber 44 weapon, firearm silencer, assault weapon or large capacity ammunition 45 feeding device or disguised gun, or who transports or ships as merchan- 46 dise five or more firearms, is guilty of a class D felony. Any person 47 who transports or ships as merchandise any firearm, other than an 48 assault weapon, switchblade knife, gravity knife, pilum ballistic knife, 49 billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu 50 star, chuka stick, sandbag or slungshot is guilty of a class A misdemea- 51 nor. 52 3. Any person who disposes of any machine-gun, assault weapon, large 53 capacity ammunition feeding device, 50-caliber weapon or firearm silenc- 54 er is guilty of a class D felony. Any person who knowingly buys, 55 receives, disposes of, or conceals a machine-gun, 50-caliber weapon, 56 firearm, large capacity ammunition feeding device, rifle or shotgunA. 3211--A 4 1 which has been defaced for the purpose of concealment or prevention of 2 the detection of a crime or misrepresenting the identity of such 3 machine-gun, 50-caliber weapon, firearm, large capacity ammunition feed- 4 ing device, rifle or shotgun is guilty of a class D felony. 5 6. Any person who wilfully defaces any machine-gun, large capacity 6 ammunition feeding device, 50-caliber weapon or firearm is guilty of a 7 class D felony. 8 § 11. Subdivisions 1 and 5 of section 265.15 of the penal law, subdi- 9 vision 5 as amended by chapter 695 of the laws of 1987, are amended to 10 read as follows: 11 1. The presence in any room, dwelling, structure or vehicle of any 12 machine-gun or 50-caliber weapon is presumptive evidence of its unlawful 13 possession by all persons occupying the place where such machine-gun or 14 50-caliber weapon is found. 15 5. The possession by any person of a defaced machine-gun, 50-caliber 16 weapon, firearm, rifle or shotgun is presumptive evidence that such 17 person defaced the same. 18 § 12. Paragraph 2 of subdivision a of section 265.20 of the penal law, 19 as amended by chapter 189 of the laws of 2000, is amended to read as 20 follows: 21 2. Possession of a machine-gun, large capacity ammunition feeding 22 device, 50-caliber weapon, firearm, switchblade knife, gravity knife, 23 pilum ballistic knife, billy or blackjack by a warden, superintendent, 24 headkeeper or deputy of a state prison, penitentiary, workhouse, county 25 jail or other institution for the detention of persons convicted or 26 accused of crime or detained as witnesses in criminal cases, in pursuit 27 of official duty or when duly authorized by regulation or order to 28 possess the same. 29 § 13. Paragraph 8 of subdivision a of section 265.20 of the penal law, 30 as amended by chapter 189 of the laws of 2000, is amended to read as 31 follows: 32 8. The manufacturer of machine-guns, assault weapons, large capacity 33 ammunition feeding devices, 50-caliber weapons, disguised guns, pilum 34 ballistic knives, switchblade or gravity knives, billies or blackjacks 35 as merchandise and the disposal and shipment thereof direct to a regu- 36 larly constituted or appointed state or municipal police department, 37 sheriff, policeman or other peace officer, or to a state prison, peni- 38 tentiary, workhouse, county jail or other institution for the detention 39 of persons convicted or accused of crime or held as witnesses in crimi- 40 nal cases, or to the military service of this state or of the United 41 States. 42 § 14. Section 265.20 of the penal law is amended by adding a new 43 subdivision e to read as follows: 44 e. The terms "pistol," "revolver," "rifle," and "shotgun" as used in 45 paragraphs three through five, seven through seven-b, twelve, thirteen 46 and thirteen-a of subdivision a of this section shall not include a 47 50-caliber weapon as defined in subdivision twenty-four of section 48 265.00 of this article. 49 § 15. Section 265.11 of the penal law, as amended by chapter 764 of 50 the laws of 2005, is amended to read as follows: 51 § 265.11 Criminal sale of a firearm or 50-caliber weapon in the third 52 degree. 53 A person is guilty of criminal sale of a firearm or 50-caliber weapon 54 in the third degree when such person is not authorized pursuant to law 55 to possess a firearm or 50-caliber weapon and such person unlawfully 56 either:A. 3211--A 5 1 (1) sells, exchanges, gives or disposes of a firearm [or], large 2 capacity ammunition feeding device or 50-caliber weapon to another 3 person; or 4 (2) possesses a firearm or 50-caliber weapon with the intent to sell 5 it. 6 Criminal sale of a firearm or 50-caliber weapon in the third degree is 7 a class D felony. 8 § 16. Section 265.12 of the penal law, as amended by chapter 764 of 9 the laws of 2005, is amended to read as follows: 10 § 265.12 Criminal sale of a firearm or 50-caliber weapon in the second 11 degree. 12 A person is guilty of criminal sale of a firearm or 50-caliber weapon 13 in the second degree when such person: 14 (1) unlawfully sells, exchanges, gives or disposes of to another five 15 or more firearms or 50-caliber weapons; or 16 (2) unlawfully sells, exchanges, gives or disposes of to another 17 person or persons a total of five or more firearms or 50-caliber weapons 18 in a period of not more than one year. 19 Criminal sale of a firearm or 50-caliber weapon in the second degree 20 is a class C felony. 21 § 17. Section 265.14 of the penal law, as added by chapter 175 of the 22 laws of 1991 and the closing paragraph as amended by chapter 654 of the 23 laws of 1998, is amended to read as follows: 24 § 265.14 Criminal sale of a firearm or 50-caliber weapon with the aid of 25 a minor. 26 A person over the age of eighteen years of age is guilty of criminal 27 sale of a [weapon] firearm or 50-caliber weapon with the aid of a minor 28 when a person under sixteen years of age knowingly and unlawfully sells, 29 exchanges, gives or disposes of a firearm or 50-caliber weapon in 30 violation of this article, and such person over the age of eighteen 31 years of age, acting with the mental culpability required for the 32 commission thereof, solicits, requests, commands, importunes or inten- 33 tionally aids such person under sixteen years of age to engage in such 34 conduct. 35 Criminal sale of a firearm or 50-caliber weapon with the aid of a 36 minor is a class C felony. 37 § 18. Section 265.13 of the penal law, as amended by chapter 764 of 38 the laws of 2005, is amended to read as follows: 39 § 265.13 Criminal sale of a firearm or 50-caliber weapon in the first 40 degree. 41 A person is guilty of criminal sale of a firearm or 50-caliber weapon 42 in the first degree when such person: 43 (1) unlawfully sells, exchanges, gives or disposes of to another ten 44 or more firearms or 50-caliber weapons; or 45 (2) unlawfully sells, exchanges, gives or disposes of to another 46 person or persons a total of ten or more firearms or 50-caliber weapons 47 in a period of not more than one year. 48 Criminal sale of a firearm or 50-caliber weapon in the first degree is 49 a class B felony. 50 § 19. Section 265.16 of the penal law, as added by chapter 600 of the 51 laws of 1992 and the closing paragraph as amended by chapter 654 of the 52 laws of 1998, is amended to read as follows: 53 § 265.16 Criminal sale of a firearm or 50-caliber weapon to a minor. 54 A person is guilty of criminal sale of a firearm or 50-caliber weapon 55 to a minor when he is not authorized pursuant to law to possess a 56 firearm or 50-caliber weapon and he unlawfully sells, exchanges, givesA. 3211--A 6 1 or disposes of a firearm or 50-caliber weapon to another person who is 2 or reasonably appears to be less than nineteen years of age who is not 3 licensed pursuant to law to possess a firearm or 50-caliber weapon. 4 Criminal sale of a firearm or 50-caliber weapon to a minor is a class 5 C felony. 6 § 20. The opening paragraph of subdivision 1 of section 55.05 of the 7 penal law, as amended by chapter 276 of the laws of 1973, is amended to 8 read as follows: 9 [Felonies] Except for the felonies defined in sections 265.45 and 10 265.46 of this chapter, felonies are classified, for the purpose of 11 sentence, into five categories as follows: 12 § 21. Paragraph (a) of subdivision 1 of section 55.10 of the penal 13 law, as amended by chapter 276 of the laws of 1973, is amended to read 14 as follows: 15 (a) [The] Except for the felonies defined in sections 265.45 and 16 265.46 of this chapter, the particular classification or subclassifica- 17 tion of each felony defined in this chapter is expressly designated in 18 the section or article defining it. 19 § 22. The executive law is amended by adding a new section 231 to read 20 as follows: 21 § 231. Compliance with the ban on the sale, possession or use of 22 50-caliber weapons. 1. From within amounts appropriated therefor, the 23 division of state police shall take such action as is necessary to 24 implement a program whereby persons, including dealers of firearms, in 25 lawful possession of 50-caliber weapons may bring themselves into 26 compliance with the provisions of the penal law which bans the sale, 27 possession or use of such weapons. 28 2. Within thirty days of the effective date of this section, any 29 licensed firearm dealer who has in his or her possession a new 50-cali- 30 ber weapon shall be entitled to return such weapon to the distributor or 31 manufacturer, and shall be entitled to a full refund, or credit, in an 32 amount equal to the purchase price of such weapon. In any case where a 33 distributor or manufacturer fails or refuses to so refund or credit such 34 dealer, the dealer shall notify the division of state police, and it 35 shall immediately notify the attorney general so that he or she may 36 intercede and take such actions on behalf of the dealer to secure such 37 refund or credit. 38 3. Within thirty days of the effective date of this section, any 39 person, including a licensed firearm dealer, who has in his or her legal 40 possession a used 50-caliber weapon shall personally deliver such weapon 41 to the division of state police, and upon transferring ownership and 42 possession to a duly designated officer thereof, shall be entitled to 43 receive payment in an amount equal to the fair market value of such 44 weapon, but not to exceed eight thousand five hundred dollars. 45 4. The division of state police shall take such action, including a 46 public campaign using the print media, television, radio or other means 47 to notify persons of the existence of the program established in this 48 section. 49 § 23. This act shall take effect immediately; provided, however, that 50 sections one through twenty-one of this act shall take effect on the 51 thirtieth day after this act shall have become a law; and provided, 52 further, that those sections of this act which provide that it shall be 53 unlawful to sell, exchange, give or dispose of a 50-caliber weapon shall 54 take effect with respect to a gunsmith or dealer in firearms on the 55 fifth day after this act shall have become a law.