STATE OF NEW YORK
________________________________________________________________________
3638
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
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 rifles 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 209 of the laws of 2022, is amended to read as
3 follows:
4 23. "Large capacity ammunition feeding device" means a magazine, belt,
5 drum, feed strip, or similar device, that has a capacity of, or that can
6 be readily restored or converted to accept, more than ten rounds of
7 ammunition; provided, however, that such term does not include an
8 attached tubular device designed to accept, and capable of operating
9 only with, .22 caliber rimfire ammunition or a feeding device that is a
10 curio or relic. A feeding device that is a curio or relic is defined as
11 a device that (i) was manufactured at least fifty years prior to the
12 current date, (ii) is only capable of being used exclusively in a
13 firearm, rifle, or shotgun that was manufactured at least fifty years
14 prior to the current date, but not including replicas thereof, (iii) is
15 possessed by an individual who is not prohibited by state or federal law
16 from possessing a firearm and (iv) is registered with the division of
17 state police pursuant to subdivision sixteen-a of section 400.00 of this
18 chapter, except such feeding devices transferred into the state may be
19 registered at any time, provided they are registered within thirty days
20 of their transfer into the state. Provided, further, that such term
21 shall also not include an attached tubular device designed to accept,
22 and capable of operating only with .44 caliber rimfire or .44-40 caliber
23 ammunition if such tubular device is attached to a rifle that was manu-
24 factured at least fifty years ago, or modern day replicas of such rifle.
25 Notwithstanding paragraph (h) of subdivision twenty-two of this section,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08327-01-3
A. 3638 2
1 such feeding devices may be transferred provided that such transfer
2 shall be subject to the provisions of section 400.03 of this chapter
3 including the check required to be conducted pursuant to such section.
4 § 2. This act shall take effect immediately.
