S T A T E   O F   N E W   Y O R K
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                                  4057

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee 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
              

A. 4057                             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.