NY State Assembly Bill 2009-A9904

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Feb 09, 2010	referred to codes

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2009-A9904 (ACTIVE) - Details

See Senate Version of this Bill:: S7854
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; add §231, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5926, S86
2013-2014: A3322, S2028
2015-2016: A5843

2009-A9904 (ACTIVE) - Summary

Bans the sale, use or possession of 50-caliber or larger weapons and directs the division of state police to embark on a program whereby persons currently in lawful possession of such weapons may be reimbursed for the fair market value thereof upon turning such weapons in to a designated officer.

2009-A9904 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9904

TITLE  OF BILL:  An act to amend the penal law and the executive law, in
relation to banning the sale, possession or use of 50-caliber weapons

PURPOSE: To ban the possession, sale, and use of 50-caliber  weapons  in
the state of New York.

SUMMARY OF PROVISIONS: Section 1 presents legislative findings.

Sections  2  amends section 265.00 of the penal law to add references to
50-caliber weapons to certain definitions.

Section 3 defines 50-caliber weapons and excludes  from  definition  any
muzzle loading rifle or shotgun with a rifled bore.

Section  4  amends  subdivision  3 of section 265.02 of the penal law to
extend criminal possession of a weapon in the third  degree  to  include
possession of a 50-caliber weapon.

Section 5 adds a new subdivision 4 to section 265.02 of the penal law to
extend  criminal  possession  of a weapon in the third degree to include
possession of a 50-caliber weapon.

Section 6 amends section 265.03 of the penal law to  include  possession
of  a  50-caliber weapon with intent to use the same -unlawfully against

another as criminal possession of a weapon in the second degree.

Section 7 amends the penal law by adding two new  sections,  265.45  and
265.46,  which  create the crimes of criminal use of a 50-caliber weapon
in the first and second degree and proscribe penalties therefore.

Section 8 amends subdivision 2 of section 265.08 of the penal law to add
the display of a 50-caliber weapon during the commission of  a  class  C
violent  felony offense to the crime of criminal use of a firearm in the
second degree.

Section 9 amends paragraph (b) of subdivision I of section 265.09 of the
penal law to add the display of a 50-caliber weapon during  the  commis-
sion of a class B violent felony offense to the crime of criminal use of
a firearm in the first degree.

Section  10  amends  sections 2, 3, and 6 of section 265.10 of the penal
law to include the 50-caliber weapon among those weapons it  is  illegal
to transport, ship, dispose of, and deface with illicit purpose.

Section  11  amends  subdivisions 1 and 5 of section 265.15 of the penal
law. Section 1 is amended to  include  50-caliber  weapons  among  those
whose  presence is presumptive evidence of possession by those occupying
the place where the weapon is found. Section 5 is amended to include the
presence of a defaced 50-caliber weapon as presumptive evidence  of  the

weapon's  defacement  by  those  occupying the place where the weapon is
found.

Section  12 amends paragraph 2 of subdivision a of section 265.20 of the
penal law to create exemptions for prison staff.

Section 13 amends paragraph 8 of subdivision a of section 265.20 of  the
penal law to exempt the manufacture of 50-caliber weapons for the use of
law enforcement and prison staff

Section  14  adds a new subdivision e to section 165.20 of the penal law
to further clarify the definition of a 50-caliber weapon.

Sections 15 to 19 amend sections 265.11-14 and 265.16 of the  penal  law
to  create  the  crimes  of  criminal sale of a 50-caliber weapon in the
first, second, and third degrees, as well as criminal sale of a 50-cali-
ber weapon with the aid of a minor and criminal  sale  of  a  50-caliber
weapon to a minor.

Sections  20-21  amend the opening paragraph of subdivision 1 of section
55.05 and paragraph (a) of subdivision 1 of section 55.10 of  the  penal
law to create exceptions to felony classifications

Section  22  orders the state police to take such action as is necessary
to ensure compliance with this law and implements procedures  to  assist
individuals in becoming compliant.

Section 23 sets forth the bill's effective date

JUSTIFICATION:  The 50-caliber weapon is one of the most dangerous weap-
ons in the U.S. military's arsenal and perhaps the most dangerous weapon
legally available in the state of New York. These rifles are designed to
kill human beings and disable machinery at  distances  of  well  over  a
mile.  Due to the large size of bullet used by these rifles and the high
velocity at which these bullets are fired, the rifle  can  be  extremely
accurate at long range when handled by an experienced shooter.

Fifty-caliber  weapons  are readily available to civilians in gun stores
and through the internet, leading to thousands  of  rifles  having  been
sold  throughout  the country in the last two decades. It is exactly the
benefit of 50-caliber weapons to the military  that  make  them  such  a
potentially  dangerous  weapon  in  the  wrong  hands. A weapon with the
capacity to kill a human at over a mile, pierce body and vehicle  armor,
and  destroy  military and civilian infrastructure could cause consider-
able destruction and havoc if wielded by an assassin or  other  criminal
or terrorist.

Alarmingly,  Bureau  of Alcohol, Tobacco, Firearms, and Explosives (ATF)
investigators have found that some of these weapons have ended up in the
hands of domestic and international  terrorist  organizations,  interna-
tional drug traffickers, and violent criminals.

Despite  their  versatility  in  war,  these  rifles have limited lawful
purposes. They weigh between twenty and forty pounds and measure  almost
five  feet in length. They are too large and unwieldy for effective home
defense and too powerful and destructive for hunting.   This  bill  will
ban  the.  possession,  sale  and  use of 50-caliber weapons in order to
protect our citizens and the law enforcement personnel  who  risk  their
lives to keep us safe.

LEGISLATIVE HISTORY:
2009: A 3211-A (Eddington) - Passed Assembly
2008: A 2772-A (Eddington) - Passed Assembly
2007: A 2772-A (Eddington) - Passed Assembly
2006: A 4471-A (Eddington) - Passed Assembly
2005: A 4471-A (Eddington) - Passed Assembly
2004: A 7039-A (Eddington) - Passed Assembly
2003: A 7039-A (Eddington) - Passed Assembly
2002: A 9452 (Matusow) - Passed Assembly

FISCAL IMPACT ON THE STATE: Minimal costs associated with reimbursement

EFFECTIVE DATE: This act shall take effect immediately; provided, howev-
er,  that  sections one through twenty-one of this act shall take effect
on the thirtieth day after this act shall have become a law.

2009-A9904 (ACTIVE) - Bill Text download pdf

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

                                  9904

                          I N  A S S E M B L Y

                            February 9, 2010
                               ___________

Introduced  by  M. of A. KAVANAGH, BING, LIFTON, RAMOS, JAFFEE -- Multi-
  Sponsored by -- M. of  A.  DINOWITZ,  ENGLEBRIGHT,  GLICK,  GOTTFRIED,
  HOYT, JOHN, KOON, ORTIZ, PAULIN, PEOPLES-STOKES, PERRY, PHEFFER, SCAR-
  BOROUGH, TOWNS, WEINSTEIN, WEISENBERG -- read once and referred to the
  Committee on Codes

AN  ACT  to  amend  the  penal law and the executive law, in relation to
  banning the sale, possession or use of 50-caliber weapons

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

  Section 1. Legislative findings and declaration. The legislature here-
by  finds  and  declares  that  50-caliber  or larger weapons having the
capacity for rapidly discharging ammunition have no acceptable  purpose.
The  legislature  additionally finds and declares that such weapons pose
such an imminent threat and danger to the safety  and  security  of  the
people  of this state that it is necessary to ban the possession and use
of such weapons.
  S 2. Subdivisions 8 and 9 of section  265.00  of  the  penal  law,  as
amended  by  chapter  189  of  the  laws of 2000, are amended to read as
follows:
  8. "Gunsmith" means any  person,  firm,  partnership,  corporation  or
company  who engages in the business of repairing, altering, assembling,
manufacturing,  cleaning,  polishing,  engraving  or  trueing,  or   who
performs  any mechanical operation on, any firearm, large capacity ammu-
nition feeding device, 50-CALIBER WEAPON or machine-gun.
  9. "Dealer in firearms" means any person,  firm,  partnership,  corpo-
ration  or  company  who engages in the business of purchasing, selling,
keeping for sale, loaning, leasing, or in any manner disposing  of,  any
assault  weapon,  large  capacity  ammunition feeding device, 50-CALIBER
WEAPON, pistol or revolver.
  S 3. Section 265.00 of the penal law is amended by adding a new subdi-
vision 24 to read as follows:
  24. "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A  CENTER-FIRE
CARTRIDGE  IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY OTHER
VARIANT OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF  SUCH

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

                                                           LBD02834-05-0

A. 9904                             2

CALIBER,  PROVIDED,  HOWEVER,  THAT NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED TO INCLUDE ANY MUZZLE LOADING RIFLE OR SHOTGUN WITH  A  RIFLED
BORE.
  S  4.  Subdivision 3 of section 265.02 of the penal law, as amended by
chapter 764 of the laws of 2005, is amended to read as follows:
  (3) Such person knowingly possesses a machine-gun, A 50-CALIBER  WEAP-
ON,  firearm, rifle or shotgun which has been defaced for the purpose of
concealment or prevention of the detection of a crime or misrepresenting
the identity of such machine-gun, 50-CALIBER WEAPON, firearm,  rifle  or
shotgun; or
  S 5. Section 265.02 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
  (4) SUCH PERSON POSSESSES ANY 50-CALIBER WEAPON; OR
  S 6. Section 265.03 of the penal law, as amended by chapter 742 of the
laws  of  2006 and subdivisions 1 and 3 as amended by chapter 745 of the
laws of 2006, is amended to read as follows:
S 265.03 Criminal possession of a weapon in the second degree.
  A person is guilty of criminal possession of a weapon  in  the  second
degree when SUCH PERSON:
  (1)  [with  intent  to  use  the same unlawfully against another, such
person:
  (a)] possesses a machine-gun; or
  [(b)] (2) possesses a 50-CALIBER  WEAPON  OR  A  loaded  firearm  WITH
INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER; or
  [(c)] (3) possesses a disguised gun WITH INTENT TO USE THE SAME UNLAW-
FULLY AGAINST ANOTHER; or
  [(2) such person] (4) possesses five or more firearms; or
  [(3)]  (5)  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.
  Criminal possession of a weapon in the second  degree  is  a  class  C
felony.
  S  7.  The  penal law is amended by adding two new sections 265.45 and
265.46 to read as follows:
S 265.45 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF CRIMINAL USE OF A 50-CALIBER  WEAPON  IN  THE
SECOND  DEGREE  WHEN  HE  COMMITS  ANY CLASS C VIOLENT FELONY OFFENSE AS
DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  70.02  OF  THIS
CHAPTER AND HE USES A 50-CALIBER WEAPON, AS DEFINED IN SUBDIVISION TWEN-
TY-FOUR OF SECTION 265.00 OF THIS ARTICLE, IF THE 50-CALIBER WEAPON IS A
LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING
DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND
DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS  SECTION  THE  COURT  SHALL
IMPOSE  AN ADDITIONAL CONSECUTIVE TERM OF FIVE YEARS TO THE MINIMUM TERM
OF THE INDETERMINATE  SENTENCE  OR  TERM  OF  THE  DETERMINATE  SENTENCE
IMPOSED  ON  THE UNDERLYING CLASS C VIOLENT FELONY CONVICTION.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  THE  AGGREGATE  OF
THE  FIVE YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS SUBDIVISION AND
THE MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE  UNDERLYING
CLASS  C  VIOLENT  FELONY  CONVICTION SHALL CONSTITUTE THE NEW AGGREGATE
MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT SUBJECT TO SUCH TERM SHALL
BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT  BE

A. 9904                             3

ELIGIBLE  FOR  RELEASE  ON  PAROLE OR OTHER DISCRETIONARY RELEASE DURING
SUCH TERM.
S 265.46 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST DEGREE.
  1.  A  PERSON  IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE
FIRST DEGREE WHEN HE COMMITS ANY CLASS  A  FELONY  OFFENSE  CONSTITUTING
MURDER,  KIDNAPPING, ARSON, CONSPIRACY OR SALE OF A CONTROLLED SUBSTANCE
OR ATTEMPTS TO COMMIT ANY SUCH CLASS A FELONY WHERE  SUCH  ATTEMPT  ALSO
CONSTITUTES  A  CLASS A FELONY, OR ANY CLASS B VIOLENT FELONY OFFENSE AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF  SECTION  70.02  OF  THIS
CHAPTER AND HE USES A 50-CALIBER WEAPON, AS DEFINED IN SUBDIVISION TWEN-
TY-FOUR OF SECTION 265.00 OF THIS ARTICLE, IF THE 50-CALIBER WEAPON IS A
LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING
DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE  FIRST
DEGREE  AS  DEFINED  IN  SUBDIVISION ONE OF THIS SECTION THE COURT SHALL
IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF TEN YEARS TO THE  MINIMUM  TERM
OF  THE  INDETERMINATE  SENTENCE  OR  TERM  OF  THE DETERMINATE SENTENCE
IMPOSED ON THE UNDERLYING CLASS A OR CLASS B VIOLENT FELONY  CONVICTION.
NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE AGGRE-
GATE OF THE TEN YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS  SUBDIVI-
SION  AND  THE  MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE
UNDERLYING CLASS A OR CLASS B VIOLENT FELONY CONVICTION SHALL CONSTITUTE
THE NEW AGGREGATE MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT  SUBJECT
TO  SUCH  TERM  SHALL  BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM
TERM AND SHALL NOT BE ELIGIBLE FOR RELEASE ON PAROLE  OR  OTHER  DISCRE-
TIONARY RELEASE DURING SUCH TERM.
  S  8.  Subdivision  2  of section 265.08 of the penal law, as added by
chapter 233 of the laws of 1980, is amended to read as follows:
  (2) displays what appears to be a pistol,  revolver,  rifle,  shotgun,
50-CALIBER WEAPON, machine gun or other firearm.
  S  9.  Paragraph  (b)  of subdivision 1 of section 265.09 of the penal
law, as amended by chapter 650 of the laws of 1996, is amended  to  read
as follows:
  (b)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
50-CALIBER WEAPON, machine gun or other firearm.
  S 10. Subdivisions 2, 3 and 6 of section  265.10  of  the  penal  law,
subdivision 2 as amended by chapter 257 of the laws of 2008 and subdivi-
sions 3 and 6 as amended by chapter 189 of the laws of 2000, are amended
to read as follows:
  2.  Any  person  who  transports  or ships any machine-gun, 50-CALIBER
WEAPON, firearm silencer, assault weapon or  large  capacity  ammunition
feeding  device or disguised gun, or who transports or ships as merchan-
dise 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 guilty of a class A misdemea-
nor.
  3.  Any  person who disposes of any machine-gun, assault weapon, large
capacity ammunition feeding device, 50-CALIBER WEAPON or firearm silenc-
er is guilty of a  class  D  felony.  Any  person  who  knowingly  buys,
receives,  disposes  of,  or  conceals a machine-gun, 50-CALIBER WEAPON,
firearm, large capacity ammunition  feeding  device,  rifle  or  shotgun
which  has  been defaced for the purpose of concealment or prevention of
the detection of  a  crime  or  misrepresenting  the  identity  of  such

A. 9904                             4

machine-gun, 50-CALIBER WEAPON, firearm, large capacity ammunition feed-
ing device, rifle or shotgun is guilty of a class D felony.
  6.  Any  person  who  wilfully defaces any machine-gun, large capacity
ammunition feeding device, 50-CALIBER WEAPON or firearm is guilty  of  a
class D felony.
  S  11. Subdivisions 1 and 5 of section 265.15 of the penal law, subdi-
vision 5 as amended by chapter 695 of the laws of 1987, are  amended  to
read as follows:
  1.  The  presence  in  any room, dwelling, structure or vehicle of any
machine-gun OR 50-CALIBER WEAPON is presumptive evidence of its unlawful
possession by all persons occupying the place where such machine-gun  OR
50-CALIBER WEAPON is found.
  5.  The  possession by any person of a defaced machine-gun, 50-CALIBER
WEAPON, firearm, rifle   or shotgun is presumptive  evidence  that  such
person defaced the same.
  S 12. Paragraph 2 of subdivision a of section 265.20 of the penal law,
as  amended  by  chapter  189 of the laws of 2000, is amended to read as
follows:
  2. Possession of a  machine-gun,  large  capacity  ammunition  feeding
device,  50-CALIBER  WEAPON,  firearm, switchblade knife, gravity knife,
pilum ballistic knife, billy or blackjack by a  warden,  superintendent,
headkeeper  or deputy of a state prison, penitentiary, workhouse, county
jail or other institution for the  detention  of  persons  convicted  or
accused  of crime or detained as witnesses in criminal cases, in pursuit
of official duty or when duly  authorized  by  regulation  or  order  to
possess the same.
  S 13. Paragraph 8 of subdivision a of section 265.20 of the penal law,
as  amended  by  chapter  189 of the laws of 2000, is amended to read as
follows:
  8. The manufacturer of machine-guns, assault weapons,  large  capacity
ammunition  feeding  devices,  50-CALIBER WEAPONS, disguised guns, pilum
ballistic knives, switchblade or gravity knives, billies  or  blackjacks
as  merchandise  and the disposal and shipment thereof direct to a regu-
larly constituted or appointed state  or  municipal  police  department,
sheriff,  policeman  or other peace officer, or to a state prison, peni-
tentiary, workhouse, county jail or other institution for the  detention
of  persons convicted or accused of crime or held as witnesses in crimi-
nal cases, or to the military service of this state  or  of  the  United
States.
  S  14.  Section  265.20  of  the  penal law is amended by adding a new
subdivision e to read as follows:
  E. THE TERMS "PISTOL," "REVOLVER," "RIFLE," AND "SHOTGUN" AS  USED  IN
PARAGRAPHS  THREE  THROUGH FIVE, SEVEN THROUGH SEVEN-B, TWELVE, THIRTEEN
AND THIRTEEN-A OF SUBDIVISION A OF THIS  SECTION  SHALL  NOT  INCLUDE  A
50-CALIBER  WEAPON  AS  DEFINED  IN  SUBDIVISION  TWENTY-FOUR OF SECTION
265.00 OF THIS ARTICLE.
  S 15. Section 265.11 of the penal law, as amended by  chapter  764  of
the laws of 2005, is amended to read as follows:
S 265.11 Criminal  sale  of  a firearm OR 50-CALIBER WEAPON in the third
           degree.
  A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
in  the  third degree when such person is not authorized pursuant to law
to possess a firearm OR 50-CALIBER WEAPON  and  such  person  unlawfully
either:

A. 9904                             5

  (1)  sells,  exchanges,  gives  or  disposes  of a firearm [or], large
capacity ammunition feeding  device  OR  50-CALIBER  WEAPON  to  another
person; or
  (2)  possesses  a firearm OR 50-CALIBER WEAPON with the intent to sell
it.
  Criminal sale of a firearm OR 50-CALIBER WEAPON in the third degree is
a class D felony.
  S 16. Section 265.12 of the penal law, as amended by  chapter  764  of
the laws of 2005, is amended to read as follows:
S  265.12  Criminal sale of a firearm OR 50-CALIBER WEAPON in the second
           degree.
  A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
in the second degree when such person:
  (1)  unlawfully sells, exchanges, gives or disposes of to another five
or more firearms OR 50-CALIBER WEAPONS; or
  (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
person or persons a total of five or more firearms OR 50-CALIBER WEAPONS
in a period of not more than one year.
  Criminal  sale  of a firearm OR 50-CALIBER WEAPON in the second degree
is a class C felony.
  S 17. Section 265.14 of the penal law, as added by chapter 175 of  the
laws  of 1991 and the closing paragraph as amended by chapter 654 of the
laws of 1998, is amended to read as follows:
S 265.14 Criminal sale of a firearm OR 50-CALIBER WEAPON with the aid of
           a minor.
  A person over the age of eighteen years of age is guilty  of  criminal
sale  of a [weapon] FIREARM OR 50-CALIBER WEAPON with the aid of a minor
when a person under sixteen years of age knowingly and unlawfully sells,
exchanges, gives or disposes  of  a  firearm  OR  50-CALIBER  WEAPON  in
violation  of  this  article,  and  such person over the age of eighteen
years of age, acting  with  the  mental  culpability  required  for  the
commission  thereof,  solicits, requests, commands, importunes or inten-
tionally aids such person under sixteen years of age to engage  in  such
conduct.
  Criminal  sale  of  a  firearm  OR 50-CALIBER WEAPON with the aid of a
minor is a class C felony.
  S 18. Section 265.13 of the penal law, as amended by  chapter  764  of
the laws of 2005, is amended to read as follows:
S  265.13  Criminal  sale of a firearm OR 50-CALIBER WEAPON in the first
           degree.
  A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
in the first degree when such person:
  (1)  unlawfully  sells, exchanges, gives or disposes of to another ten
or more firearms OR 50-CALIBER WEAPONS; or
  (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
person  or persons a total of ten or more firearms OR 50-CALIBER WEAPONS
in a period of not more than one year.
  Criminal sale of a firearm OR 50-CALIBER WEAPON in the first degree is
a class B felony.
  S 19. Section 265.16 of the penal law, as added by chapter 600 of  the
laws  of 1992 and the closing paragraph as amended by chapter 654 of the
laws of 1998, is amended to read as follows:
S 265.16 Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor.
  A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
to  a  minor  when  he  is  not  authorized pursuant to law to possess a
firearm OR 50-CALIBER WEAPON and he unlawfully sells,  exchanges,  gives

A. 9904                             6

or  disposes  of a firearm OR 50-CALIBER WEAPON to another person who is
or reasonably appears to be less than nineteen years of age who  is  not
licensed pursuant to law to possess a firearm OR 50-CALIBER WEAPON.
  Criminal  sale of a firearm OR 50-CALIBER WEAPON to a minor is a class
C felony.
  S 20. The opening paragraph of subdivision 1 of section 55.05  of  the
penal  law, as amended by chapter 276 of the laws of 1973, is amended to
read as follows:
  [Felonies] EXCEPT FOR THE FELONIES  DEFINED  IN  SECTIONS  265.45  AND
265.46  OF  THIS  CHAPTER,  FELONIES  are classified, for the purpose of
sentence, into five categories as follows:
  S 21. Paragraph (a) of subdivision 1 of section  55.10  of  the  penal
law,  as  amended by chapter 276 of the laws of 1973, is amended to read
as follows:
  (a) [The] EXCEPT FOR THE  FELONIES  DEFINED  IN  SECTIONS  265.45  AND
265.46  OF THIS CHAPTER, THE particular classification or subclassifica-
tion of each felony defined in this chapter is expressly  designated  in
the section or article defining it.
  S 22. The executive law is amended by adding a new section 231 to read
as follows:
  S  231.  COMPLIANCE  WITH  THE  BAN  ON THE SALE, POSSESSION OR USE OF
50-CALIBER WEAPONS. 1. FROM WITHIN AMOUNTS  APPROPRIATED  THEREFOR,  THE
DIVISION  OF  STATE  POLICE  SHALL  TAKE  SUCH ACTION AS IS NECESSARY TO
IMPLEMENT A PROGRAM WHEREBY PERSONS, INCLUDING DEALERS OF  FIREARMS,  IN
LAWFUL  POSSESSION  OF  50-CALIBER  WEAPONS  MAY  BRING  THEMSELVES INTO
COMPLIANCE WITH THE PROVISIONS OF THE PENAL LAW  WHICH  BANS  THE  SALE,
POSSESSION OR USE OF SUCH WEAPONS.
  2.  WITHIN  THIRTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, ANY
LICENSED FIREARM DEALER WHO HAS IN HIS OR HER POSSESSION A NEW  50-CALI-
BER WEAPON SHALL BE ENTITLED TO RETURN SUCH WEAPON TO THE DISTRIBUTOR OR
MANUFACTURER,  AND  SHALL BE ENTITLED TO A FULL REFUND, OR CREDIT, IN AN
AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH WEAPON. IN ANY CASE  WHERE  A
DISTRIBUTOR OR MANUFACTURER FAILS OR REFUSES TO SO REFUND OR CREDIT SUCH
DEALER,  THE  DEALER  SHALL  NOTIFY THE DIVISION OF STATE POLICE, AND IT
SHALL IMMEDIATELY NOTIFY THE ATTORNEY GENERAL SO  THAT  HE  OR  SHE  MAY
INTERCEDE  AND  TAKE SUCH ACTIONS ON BEHALF OF THE DEALER TO SECURE SUCH
REFUND OR CREDIT.
  3. WITHIN THIRTY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  ANY
PERSON, INCLUDING A LICENSED FIREARM DEALER, WHO HAS IN HIS OR HER LEGAL
POSSESSION A USED 50-CALIBER WEAPON SHALL PERSONALLY DELIVER SUCH WEAPON
TO  THE  DIVISION  OF  STATE POLICE, AND UPON TRANSFERRING OWNERSHIP AND
POSSESSION TO A DULY DESIGNATED OFFICER THEREOF, SHALL  BE  ENTITLED  TO
RECEIVE  PAYMENT  IN  AN  AMOUNT  EQUAL TO THE FAIR MARKET VALUE OF SUCH
WEAPON, BUT NOT TO EXCEED EIGHT THOUSAND FIVE HUNDRED DOLLARS.
  4. THE DIVISION OF STATE POLICE SHALL TAKE SUCH  ACTION,  INCLUDING  A
PUBLIC  CAMPAIGN USING THE PRINT MEDIA, TELEVISION, RADIO OR OTHER MEANS
TO NOTIFY PERSONS OF THE EXISTENCE OF THE PROGRAM  ESTABLISHED  IN  THIS
SECTION.
  S  23. This act shall take effect immediately; provided, however, that
sections one through twenty-one of this act shall  take  effect  on  the
thirtieth day after this act shall have become a law.

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Assembly Bill A9904

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2009-A9904 (ACTIVE) - Details

2009-A9904 (ACTIVE) - Summary

2009-A9904 (ACTIVE) - Sponsor Memo

2009-A9904 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9904

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Sponsored By

KAVANAGH

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Jonathan Bing

Barbara Lifton

Philip Ramos

Ellen C. Jaffee

multi-Sponsors

Jeffrey Dinowitz

Steven Englebright

Deborah Glick

Richard Gottfried

2009-A9904 (ACTIVE) - Details

2009-A9904 (ACTIVE) - Summary

2009-A9904 (ACTIVE) - Sponsor Memo

2009-A9904 (ACTIVE) - Bill Text download pdf

Comments