S T A T E   O F   N E W   Y O R K
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                                  1479

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, SCHIMEL, BING, GOTTFRIED, CAMARA,
  DINOWITZ, JAFFEE, ROBINSON, HOOPER, KELLNER -- read once and  referred
  to the Committee on Codes

AN  ACT to amend the penal law and the general business law, in relation
  to banning the possession, sale or manufacture of assault weapons; and
  to repeal subdivision 22 of section 265.00 of the penal  law  relating
  thereto

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

  Section 1. The New York state legislature  finds  that  semi-automatic
assault  weapons  are  military-style  guns  designed to allow rapid and
accurate spray firing for the quick and efficient killing of humans. The
shooter can simply point - as opposed to carefully aim - the  weapon  to
quickly spray a wide area with a hail of bullets. Gun manufacturers have
for  many  years  made,  marketed  and  sold to civilians semi-automatic
versions of military assault weapons designed with features specifically
intended to increase lethality for military applications. As  a  result,
approximately  2,000,000 assault weapons are currently in circulation in
the United States. These weapons have been the weapon of choice  in  the
most  notorious  mass  shootings  of  innocent  civilians  in the United
States, including the 1999 massacre at Columbine  High  School  (TEC-DC9
assault  pistol and Hi-Point Carbine) and the 2002 Washington, D.C.-area
sniper shootings (Bushmaster XM15 assault rifle). According to FBI data,
between 1998 and 2001, one in five law enforcement officers slain in the
line of duty was killed with an assault weapon. In 2003, New  York  lost
two  of its finest when undercover officers in the elite Firearms Inves-
tigation Unit of the NYPD Organized Crime Control Bureau  were  brutally
murdered  while  attempting  to purchase an illegal TEC-9 semi-automatic
assault weapon. The availability of military-style assault weapons poses
a serious threat to the public health and safety. Most citizens, includ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02260-01-1

              

A. 1479                             2

ing most gun owners, believe that assault weapons should not  be  avail-
able for civilian use.
  S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and
a new subdivision 22 is added to read as follows:
  22. "ASSAULT WEAPON" MEANS ANY:
  (A)  SEMI-AUTOMATIC  OR  PUMP-ACTION  RIFLE  THAT  HAS THE CAPACITY TO
ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
  (I) A PISTOL GRIP;
  (II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE  HELD  BY  THE
NON-TRIGGER HAND;
  (III) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
  (IV)  A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM  WITH  THE
NON-TRIGGER  HAND  WITHOUT  BEING  BURNED,  BUT  EXCLUDING  A SLIDE THAT
ENCLOSES THE BARREL; OR
  (V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;
  (B) SEMI-AUTOMATIC PISTOL, OR  ANY  SEMI-AUTOMATIC,  CENTERFIRE  RIFLE
WITH  A  FIXED  MAGAZINE,  THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN
ROUNDS OF AMMUNITION;
  (C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
  (I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN  BE  HELD  BY  THE
NON-TRIGGER HAND;
  (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
  (III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
ENCIRCLES  THE  BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
NON-TRIGGER HAND WITHOUT  BEING  BURNED,  BUT  EXCLUDING  A  SLIDE  THAT
ENCLOSES THE BARREL;
  (IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR
  (V)  THE  CAPACITY  TO  ACCEPT  A  DETACHABLE MAGAZINE AT ANY LOCATION
OUTSIDE OF THE PISTOL GRIP;
  (D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:
  (I) A PISTOL GRIP OR A VERTICAL HANDGRIP;
  (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
  (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR
  (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;
  (E) SHOTGUN WITH A REVOLVING CYLINDER; OR
  (F) CONVERSION KIT, PART, OR  COMBINATION  OF  PARTS,  FROM  WHICH  AN
ASSAULT  WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR
UNDER THE CONTROL OF THE SAME PERSON.
  (G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES,  DETERMINED  BY
RULES  AND  REGULATIONS  OF  THE  SUPERINTENDENT  OF  STATE POLICE TO BE
PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES.  IN  ADDI-
TION,  THE  SUPERINTENDENT  OF  STATE  POLICE  SHALL, BY RULES AND REGU-
LATIONS, DESIGNATE SPECIFIC SEMI-AUTOMATIC CENTERFIRE OR RIMFIRE  RIFLES
OR  SEMI-AUTOMATIC  SHOTGUNS, IDENTIFIED BY MAKE, MODEL, AND MANUFACTUR-
ER'S NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE  SUPER-
INTENDENT  OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY
SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAP-
ONS, AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, SHALL BE  MADE
AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC.
  PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS
BEEN RENDERED PERMANENTLY INOPERABLE.
  S  3.  Section  265.00 of the penal law is amended by adding three new
subdivisions 24, 25  and 26 to read as follows:

A. 1479                             3

  24. "DETACHABLE MAGAZINE" MEANS ANY  AMMUNITION  FEEDING  DEVICE,  THE
FUNCTION  OF  WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO
THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE  FIREARM  WITHOUT  THE
USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE.
  25.  "MUZZLE  BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON
THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL.
  26. "MUZZLE COMPENSATOR" MEANS A DEVICE ATTACHED TO THE  MUZZLE  OF  A
WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT.
  S 4. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
  E.  POSSESSION  OF  AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY
CONTROLLED BY THE PERSON,  OR  WHILE  ON  THE  PREMISES  OF  A  LICENSED
GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL
USE  OF  THE  ASSAULT  WEAPON  AT A DULY LICENSED FIRING RANGE, OR WHILE
TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED
SUCH WEAPON PRIOR TO JULY FIRST, TWO THOUSAND TWELVE AND WHO,  PRIOR  TO
OCTOBER FIRST, TWO THOUSAND TWELVE:
  1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR
  2.  SURRENDERS  THE  ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT
AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVI-
SION A OF THIS SECTION; OR
  3.  REGISTERS  THE ASSAULT WEAPON AS PROVIDED FOR IN SUBDIVISION SEVEN
OF SECTION THREE HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW.
  S 5. Subdivision 7 of section 396-ff of the general  business  law  is
renumbered  subdivision  8  and  a new subdivision 7 is added to read as
follows:
  (7) THE DIVISION OF STATE POLICE SHALL NO LATER THAN JULY  FIRST,  TWO
THOUSAND  TWELVE,  PROMULGATE  RULES AND REGULATIONS FOR THE ADDITION OF
INFORMATION IDENTIFYING ASSAULT  WEAPONS  LAWFULLY  POSSESSED  PRIOR  TO
JANUARY  FIRST,  TWO THOUSAND TWELVE TO THE DATABANK ESTABLISHED BY THIS
SECTION. SUCH RULES AND REGULATIONS SHALL, AT A MINIMUM, SPECIFY  PROCE-
DURES  BY  WHICH THE OWNER OF AN ASSAULT WEAPON LAWFULLY POSSESSED PRIOR
TO JULY FIRST, TWO THOUSAND TWELVE IS TO DELIVER AN ASSAULT  WEAPON  AND
VERIFICATION  OF  A  BACKGROUND  CHECK  REQUIRED  BY 18 USC S 922 TO THE
REGIONAL PROGRAM FOR TESTING AND PROMPT  RETURN.  UPON  RECEIPT  OF  THE
SEALED  CONTAINER  AND  INSPECTION OF A CERTIFICATE PROVING THAT A BACK-
GROUND CHECK HAS BEEN CONDUCTED AND THE OWNER  IS  NOT  PROHIBITED  FROM
POSSESSING  A  FIREARM,  THE  DIVISION OF STATE POLICE SHALL CAUSE TO BE
ENTERED IN THE AUTOMATED ELECTRONIC DATABANK PERTINENT  DATA,  INCLUDING
BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE SHELL CASING AND
TO  THE  ASSAULT  WEAPON  FROM WHICH IT WAS DISCHARGED, AND THE DATE AND
PLACE OF THE BACKGROUND  CHECK  AND  THE  NAME  OF  THE  INDIVIDUAL  WHO
CONDUCTED SUCH BACKGROUND CHECK.
  S  6.  Severability.  If  any provision or term of this act is for any
reason declared unconstitutional or invalid or ineffective by any  court
of  competent  jurisdiction, such decision shall not affect the validity
or the effectiveness of the remaining portions of this act or  any  part
thereof.
  S  7. This act shall take effect July 1, 2012; provided that the divi-
sion of state police is authorized to promulgate any and all  rules  and
regulations  and take any other measures necessary to implement this act
on its effective date on or before such date.