S. 7609 2
(II) ANY WEAPON CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE THAT IS AN
ANTIQUE FIREARM AS DEFINED IN CLAUSE SIXTEEN OF PARAGRAPH (A) OF SECTION
NINE HUNDRED TWENTY-ONE OF TITLE EIGHTEEN OF THE UNITED STATES CODE;
(III) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION EIGHTEEN
OF SECTION 400.00 OF THIS CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (D) OF THIS SUBDIVISION;
(IV) ANY WEAPON THAT WAS MANUFACTURED AT LEAST FIFTY YEARS PRIOR TO
THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THEREOF, THAT IS VALIDLY
REGISTERED PURSUANT TO SUBDIVISION EIGHTEEN OF SECTION 400.00 OF THIS
CHAPTER;
(V) ANY MUZZLE-LOADING RIFLE OR SHOTGUN WITH A RIFLED BORE.
(D) ANY WEAPON DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION MAY ONLY
BE SOLD TO, EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO
POSSESS SUCH WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE
PROVIDED THAT ANY SUCH TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF
THE STATE MUST BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGIS-
TERED WITHIN SEVENTY-TWO HOURS OF SUCH TRANSFER. AN INDIVIDUAL WHO
TRANSFERS ANY SUCH WEAPON TO AN INDIVIDUAL INSIDE NEW YORK STATE OR
WITHOUT COMPLYING WITH THE PROVISIONS OF THIS PARAGRAPH SHALL BE GUILTY
OF A CLASS A MISDEMEANOR UNLESS TRANSFERRED WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS SUBDIVISION.
S 4. Section 400.00 of the penal law is amended by adding two new
subdivisions 18 and 19 to read as follows:
18. REGISTRATION OF 50 CALIBER WEAPONS. (A) AN OWNER OF A WEAPON
DEFINED IN PARAGRAPH (B) OF SUBDIVISION TWENTY-SIX OF SECTION 265.00 OF
THIS CHAPTER, POSSESSED BEFORE THE EFFECTIVE DATE OF THIS SUBDIVISION,
MUST MAKE AN APPLICATION TO REGISTER SUCH WEAPON WITH THE SUPERINTENDENT
OF STATE POLICE, IN THE MANNER PROVIDED BY THE SUPERINTENDENT, OR BY
AMENDING A LICENSE ISSUED PURSUANT TO THIS SECTION WITHIN ONE YEAR OF
THE EFFECTIVE DATE OF THIS SUBDIVISION EXCEPT ANY WEAPON DEFINED UNDER
SUBPARAGRAPH (IV) OF PARAGRAPH (C) OF SUBDIVISION TWENTY-SIX OF SECTION
265.00 OF THIS CHAPTER TRANSFERRED INTO THE STATE MAY BE REGISTERED AT
ANY TIME, PROVIDED SUCH WEAPONS ARE REGISTERED WITHIN THIRTY DAYS OF
THEIR TRANSFER INTO THE STATE. REGISTRATION INFORMATION SHALL INCLUDE
THE REGISTRANT'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDENTIAL ADDRESS,
SOCIAL SECURITY NUMBER AND DESCRIPTION OF EACH WEAPON BEING REGISTERED.
A REGISTRATION OF ANY WEAPON DEFINED UNDER SUBPARAGRAPH (IV) OF PARA-
GRAPH (C) OF SUBDIVISION TWENTY-SIX OF SECTION 265.00 OF THIS CHAPTER
SHALL BE TRANSFERABLE, PROVIDED THAT THE SELLER NOTIFIES THE STATE
POLICE WITHIN SEVENTY-TWO HOURS OF THE TRANSFER AND THE BUYER PROVIDES
THE STATE POLICE WITH INFORMATION SUFFICIENT TO CONSTITUTE A REGISTRA-
TION UNDER THIS SECTION. SUCH REGISTRATION SHALL NOT BE VALID IF SUCH
REGISTRANT IS PROHIBITED OR BECOMES PROHIBITED FROM POSSESSING A FIREARM
PURSUANT TO STATE OR FEDERAL LAW. THE SUPERINTENDENT SHALL DETERMINE
WHETHER SUCH REGISTRANT IS PROHIBITED FROM POSSESSING A FIREARM UNDER
STATE OR FEDERAL LAW. SUCH CHECK SHALL BE LIMITED TO DETERMINING WHETHER
THE FACTORS IN PARAGRAPH (G) OF SECTION NINE HUNDRED TWENTY-TWO OF TITLE
EIGHTEEN OF THE UNITED STATES CODE APPLY OR WHETHER A REGISTRANT HAS
BEEN CONVICTED OF A SERIOUS OFFENSE AS DEFINED IN SUBDIVISION SEVENTEEN
OF SECTION 265.00 OF THIS CHAPTER, SO AS TO PROHIBIT SUCH REGISTRANT
FROM POSSESSING A FIREARM, AND WHETHER A REPORT HAS BEEN ISSUED PURSUANT
TO SECTION 9.46 OF THE MENTAL HYGIENE LAW. ALL REGISTRANTS SHALL RECER-
TIFY TO THE DIVISION OF STATE POLICE EVERY FIVE YEARS THEREAFTER. FAIL-
URE TO RECERTIFY SHALL RESULT IN A REVOCATION OF SUCH REGISTRATION.
(B) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF
THIS SUBDIVISION, AN OWNER OF A 50 CALIBER WEAPON AS DEFINED IN SUBDIVI-
S. 7609 3
SION TWENTY-SIX OF SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED
RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI-
VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH WEAPON
WAS ISSUED TO OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN
THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS
QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE MONTHS
PRIOR TO HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON WITHIN SIXTY
DAYS OF RETIREMENT.
(C) THE SUPERINTENDENT OF STATE POLICE SHALL CREATE AND MAINTAIN A "50
CALIBER WEAPONS" PAGE OR SECTION ON THE EXISTING INTERNET WEBSITE,
CREATED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION SIXTEEN-A OF THIS
SECTION, TO EDUCATE THE PUBLIC AS TO WHICH 50 CALIBER WEAPONS ARE ILLE-
GAL AS A RESULT OF THE ENACTMENT OF THIS SUBDIVISION, AS WELL AS SUCH 50
CALIBER WEAPONS WHICH ARE ILLEGAL PURSUANT TO ARTICLE TWO HUNDRED
SIXTY-FIVE OF THIS CHAPTER. SUCH WEBSITE SHALL CONTAIN INFORMATION TO
ASSIST THE PUBLIC IN RECOGNIZING THE RELEVANT FEATURES PROSCRIBED BY
SUCH ARTICLE TWO HUNDRED SIXTY-FIVE, AS WELL AS WHICH MAKE AND MODEL OF
WEAPONS REQUIRE REGISTRATION.
(D) A PERSON WHO KNOWINGLY FAILS TO APPLY TO REGISTER SUCH WEAPON, AS
REQUIRED BY THIS SECTION, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SUCH PERSON WHO
UNKNOWINGLY FAILS TO VALIDLY REGISTER SUCH WEAPON WITHIN SUCH ONE YEAR
PERIOD SHALL BE GIVEN A WARNING BY AN APPROPRIATE LAW ENFORCEMENT
AUTHORITY ABOUT SUCH FAILURE AND GIVEN THIRTY DAYS IN WHICH TO APPLY TO
REGISTER SUCH WEAPON OR TO SURRENDER IT. A FAILURE TO APPLY OR SURRENDER
SUCH WEAPON WITHIN SUCH THIRTY-DAY PERIOD SHALL RESULT IN SUCH WEAPON
BEING REMOVED BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY AND DECLARED A
NUISANCE.
(E) THE COST OF THE SOFTWARE, PROGRAMMING AND INTERFACE REQUIRED TO
TRANSMIT ANY RECORD THAT MUST BE ELECTRONICALLY TRANSMITTED BY THE DEAL-
ER OR LICENSING OFFICER TO THE DIVISION OF STATE POLICE PURSUANT TO THIS
CHAPTER SHALL BE BORNE BY THE STATE.
19. APPLICABILITY OF SECTION. THE PROVISIONS OF ARTICLE TWO HUNDRED
SIXTY-FIVE OF THIS CHAPTER RELATING TO ILLEGAL POSSESSION OF A FIREARM,
SHALL NOT APPLY TO AN OFFENSE WHICH ALSO CONSTITUTES A VIOLATION OF THIS
SECTION BY A PERSON HOLDING AN OTHERWISE VALID LICENSE UNDER THE
PROVISIONS OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE AS
A CLASS A MISDEMEANOR PURSUANT TO THIS SECTION. IN ADDITION, THE
PROVISIONS OF SUCH ARTICLE TWO HUNDRED SIXTY-FIVE SHALL NOT APPLY TO THE
POSSESSION OF A FIREARM IN A PLACE NOT AUTHORIZED BY LAW, BY A PERSON
WHO HOLDS AN OTHERWISE VALID LICENSE OR POSSESSION OF A FIREARM BY A
PERSON WITHIN A ONE YEAR PERIOD AFTER THE STATED EXPIRATION DATE OF AN
OTHERWISE VALID LICENSE WHICH HAS NOT BEEN PREVIOUSLY CANCELLED OR
REVOKED SHALL ONLY BE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO
THIS SECTION.
S 5. Section 265.02 of the penal law is amended by adding a new subdi-
vision 11 to read as follows:
(11) SUCH PERSON POSSESSES A 50 CALIBER WEAPON.
S 6. Subdivision 3 of section 265.00 of the penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration, modifica-
tion, or otherwise if such weapon as altered, modified, or otherwise has
an overall length of less than twenty-six inches; or (e) an assault
S. 7609 4
weapon; OR (F) A 50 CALIBER WEAPON. For the purpose of this subdivision
the length of the barrel on a shotgun or rifle shall be determined by
measuring the distance between the muzzle and the face of the bolt,
breech, or breechlock when closed and when the shotgun or rifle is
cocked; the overall length of a weapon made from a shotgun or rifle is
the distance between the extreme ends of the weapon measured along a
line parallel to the center line of the bore. Firearm does not include
an antique firearm.
S 7. Subdivisions 1, 2, 3 and 6 of section 265.10 of the penal law,
subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008 and
subdivisions 3 and 6 as amended by chapter 189 of the laws of 2000, are
amended to read as follows:
1. Any person who manufactures or causes to be manufactured any
machine-gun, assault weapon, 50 CALIBER WEAPON, large capacity ammuni-
tion feeding device or disguised gun 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 knuckles, 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, 50 CALIBER WEAPON or large capacity ammunition feed-
ing device or disguised gun, 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 OR 50 CALIBER 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 misdemeanor.
3. Any person who disposes of any machine-gun, assault weapon, 50
CALIBER WEAPON, large capacity ammunition feeding device or firearm
silencer 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
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, 50 CALIBER WEAPON,
large capacity ammunition feeding device or firearm is guilty of a class
D felony.
S 8. Paragraph 8 of subdivision a of section 265.20 of the penal law,
as amended by chapter 61 of the laws of 2010, is amended to read as
follows:
8. The manufacturer of machine-guns, firearm silencers, assault weap-
ons, large capacity ammunition feeding devices, 50 CALIBER WEAPONS,
disguised guns, pilum ballistic knives, switchblade or gravity knives,
billies or blackjacks as merchandise, or as a transferee recipient of
the same for repair, lawful distribution or research and development,
and the disposal and shipment thereof direct to a regularly constituted
or appointed state or municipal police department, sheriff, policeman or
other peace officer, or to a state prison, penitentiary, workhouse,
county jail or other institution for the detention of persons convicted
or accused of crime or held as witnesses in criminal cases, or to the
military service of this state or of the United States; or for the
S. 7609 5
repair and return of the same to the lawful possessor or for research
and development.
S 9. Section 265.20 of the penal law is amended by adding a new subdi-
vision f to read as follows:
F. 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-SIX OF SECTION 265.00 OF
THIS ARTICLE.
S 10. 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 11. This act shall take effect immediately; provided, however, that
sections one through nine of this act shall take effect on the thirtieth
day after this act shall have become a law.