S T A T E   O F   N E W   Y O R K
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                                  1069

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 23, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to prohibiting  firearms  not
  readily detectable by standard security equipment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 265.02 of the penal law is amended by adding a  new
subdivision 4 to read as follows:
  (4)  HE  OR  SHE  KNOWINGLY POSSESSES ANY FIREARM PREDETERMINED BY THE
SUPERINTENDENT OF STATE POLICE TO BE NOT READILY DETECTABLE AS A FIREARM
IN EITHER ITS ASSEMBLED OR DISASSEMBLED STATE BY THE  STANDARD  SECURITY
EQUIPMENT COMMONLY USED AT AIRPORTS, PRISONS OR OTHER SECURE FACILITIES.
THE SUPERINTENDENT OF STATE POLICE SHALL PROMULGATE STANDARDS, RULES AND
REGULATIONS TO IMPLEMENT THIS SUBDIVISION, WHICH SHALL INCLUDE A LIST OF
THOSE FIREARMS DETERMINED TO BE VIOLATIVE OF THIS SUBDIVISION. SUCH LIST
SHALL BE MADE PUBLIC AND AVAILABLE UPON REQUEST; OR
  S  2.  Subdivision 3 of section 265.03 of the penal law, as amended by
chapter 745 of the laws of 2006, is amended and a new subdivision  4  is
added to read as follows:
  (3)  such  person  possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven of section 265.02 of
this article,  constitute  a  violation  of  this  subdivision  if  such
possession takes place in such person's home or place of business[.]; OR
  (4)  SUCH  PERSON  POSSESSES A FIREARM LISTED BY THE SUPERINTENDENT OF
STATE POLICE PURSUANT TO SUBDIVISION FOUR  OF  SECTION  265.02  OF  THIS
ARTICLE.
  S  3.  Subdivisions  1  and  2  of section 265.10 of the penal law, as
amended by chapter 257 of the laws of  2008,  are  amended  to  read  as
follows:
  1.  Any  person  who  manufactures  or  causes  to be manufactured any
machine-gun, assault weapon, large capacity  ammunition  feeding  device

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06492-01-9
              

S. 1069                             2

[or],  disguised  gun  OR  FIREARM LISTED BY THE SUPERINTENDENT OF STATE
POLICE PURSUANT TO SUBDIVISION FOUR OF SECTION 265.02 OF THIS ARTICLE is
guilty of a class D felony. Any person who manufactures or causes to  be
manufactured  any  switchblade  knife,  gravity  knife,  pilum ballistic
knife, metal knuckle knife, billy, blackjack, bludgeon,  plastic  knuck-
les,  metal  knuckles,  Kung  Fu star, chuka stick, sandbag, sandclub or
slungshot is guilty of a class A misdemeanor.
  2. Any person who transports or ships any machine-gun, firearm silenc-
er, assault weapon or large capacity  ammunition  feeding  device  [or],
disguised  gun,  FIREARM  LISTED  BY  THE SUPERINTENDENT OF STATE POLICE
PURSUANT TO SUBDIVISION FOUR OF SECTION 265.02 OF THIS ARTICLE,  or  who
transports or ships as merchandise five or more firearms, is guilty of a
class  D  felony.  Any person who transports or ships as merchandise any
firearm, other than an assault weapon, switchblade knife, gravity knife,
pilum ballistic knife, billy,  blackjack,  bludgeon,  plastic  knuckles,
metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guil-
ty of a class A misdemeanor.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law, except that any rules and regulations neces-
sary  for  the  timely  implementation of this act on its effective date
shall be promulgated on or before such date.