STATE OF NEW YORK
________________________________________________________________________
2538
2019-2020 Regular Sessions
IN ASSEMBLY
January 23, 2019
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Introduced by M. of A. ABINANTI, MOSLEY -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to defining and prohibiting
an accessory to accelerate the firing rate of a semiautomatic weapon
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.00 of the penal law is amended by adding a new
2 subdivision 26 to read as follows:
3 26. "Accessory to accelerate the firing rate of a semiautomatic weap-
4 on" means any instrument, attachment, weapon or appliance causing or
5 intended to cause the firing rate of a semiautomatic weapon to increase.
6 § 2. Subdivision 2 of section 265.02 of the penal law, as amended by
7 chapter 764 of the laws of 2005, is amended to read as follows:
8 (2) Such person possesses any explosive or incendiary bomb, bombshell,
9 firearm silencer, accessory to accelerate the firing rate of a semiauto-
10 matic weapon, machine-gun or any other firearm or weapon simulating a
11 machine-gun and which is adaptable for such use; or
12 § 3. Subdivisions 2 and 3 of section 265.10 of the penal law, subdivi-
13 sion 2 as amended by chapter 257 of the laws of 2008 and subdivision 3
14 as amended by chapter 189 of the laws of 2000, are amended to read as
15 follows:
16 2. Any person who transports or ships any machine-gun, firearm silenc-
17 er, accessory to accelerate the firing rate of a semiautomatic weapon,
18 assault weapon or large capacity ammunition feeding device or disguised
19 gun, or who transports or ships as merchandise five or more firearms, is
20 guilty of a class D felony. Any person who transports or ships as
21 merchandise any firearm, other than an assault weapon, switchblade
22 knife, gravity knife, pilum ballistic knife, billy, blackjack, bludgeon,
23 plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag or
24 slungshot is guilty of a class A misdemeanor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05206-01-9
A. 2538 2
1 3. Any person who disposes of any machine-gun, assault weapon, large
2 capacity ammunition feeding device [or], firearm silencer or accessory
3 to accelerate the firing rate of a semiautomatic weapon is guilty of a
4 class D felony. Any person who knowingly buys, receives, disposes of, or
5 conceals a machine-gun, firearm, large capacity ammunition feeding
6 device, rifle or shotgun which has been defaced for the purpose of
7 concealment or prevention of the detection of a crime or misrepresenting
8 the identity of such machine-gun, firearm, large capacity ammunition
9 feeding device, rifle or shotgun is guilty of a class D felony.
10 § 4. Subdivision 3 of section 265.15 of the penal law, as amended by
11 chapter 257 of the laws of 2008, is amended to read as follows:
12 3. The presence in an automobile, other than a stolen one or a public
13 omnibus, of any firearm, large capacity ammunition feeding device,
14 defaced firearm, defaced rifle or shotgun, defaced large capacity ammu-
15 nition feeding device, firearm silencer, accessory to accelerate the
16 firing rate of a semiautomatic weapon, explosive or incendiary bomb,
17 bombshell, gravity knife, switchblade knife, pilum ballistic knife,
18 metal knuckle knife, dagger, dirk, stiletto, billy, blackjack, plastic
19 knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is
20 presumptive evidence of its possession by all persons occupying such
21 automobile at the time such weapon, instrument or appliance is found,
22 except under the following circumstances: (a) if such weapon, instrument
23 or appliance is found upon the person of one of the occupants therein;
24 (b) if such weapon, instrument or appliance is found in an automobile
25 which is being operated for hire by a duly licensed driver in the due,
26 lawful and proper pursuit of his or her trade, then such presumption
27 shall not apply to the driver; or (c) if the weapon so found is a pistol
28 or revolver and one of the occupants, not present under duress, has in
29 his or her possession a valid license to have and carry concealed the
30 same.
31 § 5. This act shall take effect on the ninetieth day after it shall
32 have become a law.
