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A10428 Summary:

BILL NOA10428A
 
SAME ASSAME AS S09229-A
 
SPONSORRules (Peoples-Stokes)
 
COSPNSRO'Donnell, Jacobson, Burgos, Otis, Rosenthal L, Burdick, Carroll, Glick, Ramos, Dinowitz, Walker, Lavine, Fernandez, Abinanti, Griffin, Hyndman, Simon, Galef, Bichotte Hermelyn, Meeks
 
MLTSPNSR
 
Amd §§265.00 & 265.02, rpld §265.36, Pen L
 
Relates to the definition of large capacity ammunition feeding device for purposes of the offense of criminal possession of a weapon in the third degree.
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A10428 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10428--A
 
                   IN ASSEMBLY
 
                                      May 18, 2022
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Peoples-
          Stokes) -- read once and referred to the Committee on Codes -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
 
        AN  ACT  to  amend the penal law, in relation to the definition of large
          capacity ammunition feeding device for  purposes  of  the  offense  of
          criminal  possession  of  a  weapon in the third degree; and to repeal
          section 265.36 of the penal law relating to unlawful possession  of  a
          large capacity ammunition feeding device
 
          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, as added by chapter 1 of the laws of 2013, is amended to read
     3  as follows:
     4    (h)  Any  weapon  defined  in paragraph (e) or (f) of this subdivision
     5  [and any large capacity  ammunition  feeding  device  that  was  legally
     6  possessed  by an individual prior to the enactment of the chapter of the
     7  laws of two thousand thirteen which added this paragraph,] may  only  be
     8  sold  to,  exchanged  with  or  disposed of to a purchaser authorized to
     9  possess such weapons or to an individual or entity outside of the  state
    10  provided  that  any  such transfer to an individual or entity outside of
    11  the state must be reported to the entity wherein the  weapon  is  regis-
    12  tered  within  seventy-two  hours  of  such  transfer. An individual who
    13  transfers any such weapon [or large capacity ammunition  device]  to  an
    14  individual   inside  New  York  state  or  without  complying  with  the
    15  provisions of this paragraph shall be guilty of a  class  A  misdemeanor
    16  [unless such large capacity ammunition feeding device, the possession of
    17  which  is  made illegal by the chapter of the laws of two thousand thir-
    18  teen which added this paragraph, is transferred within one year  of  the
    19  effective date of the chapter of the laws of two thousand thirteen which
    20  added this paragraph].
    21    §  2. Subdivision 23 of section 265.00 of the penal law, as amended by
    22  chapter 1 of the laws of 2013, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15596-05-2

        A. 10428--A                         2
 
     1    23. "Large capacity ammunition feeding device" means a magazine, belt,
     2  drum, feed strip, or similar device, that [(a)] has a  capacity  of,  or
     3  that  can  be  readily  restored  or  converted to accept, more than ten
     4  rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
     5  tion,  or (c) is obtained after the effective date of the chapter of the
     6  laws of two thousand thirteen which amended this subdivision and  has  a
     7  capacity  of,  or  that  can be readily restored or converted to accept,
     8  more than seven rounds of ammunition]; provided, however, that such term
     9  does not include an attached tubular  device  designed  to  accept,  and
    10  capable  of  operating  only  with,  .22 caliber rimfire ammunition or a
    11  feeding device that is a curio or relic.   A feeding device  that  is  a
    12  curio or relic is defined as a device that (i) was manufactured at least
    13  fifty  years  prior  to  the current date, (ii) is only capable of being
    14  used exclusively in a firearm, rifle, or shotgun that  was  manufactured
    15  at least fifty years prior to the current date, but not including repli-
    16  cas  thereof,  (iii) is possessed by an individual who is not prohibited
    17  by state or federal law from possessing a firearm and (iv) is registered
    18  with the division of state police pursuant to subdivision  sixteen-a  of
    19  section  400.00 of this chapter, except such feeding devices transferred
    20  into the state may be registered at any time, provided they  are  regis-
    21  tered within thirty days of their transfer into the state. Notwithstand-
    22  ing  paragraph (h) of subdivision twenty-two of this section, such feed-
    23  ing devices may be transferred provided  that  such  transfer  shall  be
    24  subject  to  the  provisions of section 400.03 of this chapter including
    25  the check required to be conducted pursuant to such section.
    26    § 3. Subdivision 8 of section 265.02 of the penal law, as  amended  by
    27  chapter 1 of the laws of 2013, is amended to read as follows:
    28    (8) Such person possesses a large capacity ammunition feeding device[.
    29  For  purposes  of  this subdivision, a large capacity ammunition feeding
    30  device shall not include an ammunition feeding device lawfully possessed
    31  by such person before the effective date of the chapter of the  laws  of
    32  two thousand thirteen which amended this subdivision, that has a capaci-
    33  ty  of, or that can be readily restored or converted to accept more than
    34  seven but less than eleven rounds of ammunition, or  that  was  manufac-
    35  tured  before  September  thirteenth, nineteen hundred ninety-four, that
    36  has a capacity of, or that can  be  readily  restored  or  converted  to
    37  accept, more than ten rounds of ammunition]; or
    38    § 4. Section 265.36 of the penal law is REPEALED.
    39    §  5.    The division of criminal justice services in conjunction with
    40  the state police shall create an awareness and notification  program  to
    41  make  people  aware of the change in the law regarding the possession of
    42  large capacity ammunition  feeding  devices  and  shall  issue  guidance
    43  regarding  the  surrender  of  such  devices. Nothing shall preclude the
    44  utilization of any buy back programs to facilitate compliance with  such
    45  changes.
    46    §  6.  This  act  shall take effect immediately; provided however that
    47  sections one, two, and three of this act shall take effect on the  thir-
    48  tieth  day  after it shall have become a law; and provided further, that
    49  section four of this act shall take effect on the ninetieth day after it
    50  shall have become a law.
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