Rpld §265.00 sub 22 ¶(h), §§265.36 & 265.37, amd §§265.00, 265.02 & 265.20, Pen L
Removes ammunition capacity set forth in the NY SAFE ACT of 2013; repeals certain provisions relating to the unlawful possession of ammunition or ammunition feeding devices.
STATE OF NEW YORK
________________________________________________________________________
4573
2021-2022 Regular Sessions
IN ASSEMBLY
February 4, 2021
___________
Introduced by M. of A. SALKA -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to ammunition capacity in
firearms; and to repeal certain provisions of the penal law relating
to possession of ammunition and ammunition feeding devices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (h) of subdivision 22 of section 265.00 of the
2 penal law is REPEALED.
3 § 2. Subdivision 23 of section 265.00 of the penal law, as amended by
4 chapter 1 of the laws of 2013, is amended to read as follows:
5 23. "Large capacity ammunition feeding device" means a magazine, belt,
6 drum, feed strip, or similar device, that [(a)] has a capacity of, or
7 that can be readily restored or converted to accept, more than ten
8 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
9 tion, or (c) is obtained after the effective date of the chapter of the
10 laws of two thousand thirteen which amended this subdivision and has a
11 capacity of, or that can be readily restored or converted to accept,
12 more than seven rounds of ammunition]; provided, however, that such term
13 does not include an attached tubular device designed to accept, and
14 capable of operating only with, .22 caliber rimfire ammunition [or a
15 feeding device that is a curio or relic. A feeding device that is a
16 curio or relic is defined as a device that (i) was manufactured at least
17 fifty years prior to the current date, (ii) is only capable of being
18 used exclusively in a firearm, rifle, or shotgun that was manufactured
19 at least fifty years prior to the current date, but not including repli-
20 cas thereof, (iii) is possessed by an individual who is not prohibited
21 by state or federal law from possessing a firearm and (iv) is registered
22 with the division of state police pursuant to subdivision sixteen-a of
23 section 400.00 of this chapter, except such feeding devices transferred
24 into the state may be registered at any time, provided they are regis-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07841-01-1
A. 4573 2
1 tered within thirty days of their transfer into the state. Notwithstand-
2 ing paragraph (h) of subdivision twenty-two of this section, such feed-
3 ing devices may be transferred provided that such transfer shall be
4 subject to the provisions of section 400.03 of this chapter including
5 the check required to be conducted pursuant to such section].
6 § 3. Subdivision 8 of section 265.02 of the penal law, as amended by
7 chapter 1 of the laws of 2013, is amended to read as follows:
8 (8) Such person possesses a large capacity ammunition feeding device[.
9 For purposes of this subdivision, a large capacity ammunition feeding
10 device shall not include an ammunition feeding device lawfully possessed
11 by such person before the effective date of the chapter of the laws of
12 two thousand thirteen which amended this subdivision, that has a capaci-
13 ty of, or that can be readily restored or converted to accept more than
14 seven but less than eleven rounds of ammunition, or that was manufac-
15 tured before September thirteenth, nineteen hundred ninety-four, that
16 has a capacity of, or that can be readily restored or converted to
17 accept, more than ten rounds of ammunition]; or
18 § 4. The opening paragraph of subdivision a of section 265.20 of the
19 penal law, as separately amended by chapters 130 and 134 of the laws of
20 2019, is amended to read as follows:
21 [Paragraph (h) of subdivision twenty-two of section 265.00 and
22 sections] Sections 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02, 265.03,
23 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, [265.36,
24 265.37,] 265.50, 265.55 and 270.05 shall not apply to:
25 § 5. Sections 265.36 and 265.37 of the penal law are REPEALED.
26 § 6. This act shall take effect immediately.
