S T A T E   O F   N E W   Y O R K
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                                  4974

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by  M.  of  A.  BUTLER, BORELLI, BRABENEC, CROUCH, GIGLIO --
  Multi-Sponsored by -- M.  of A. BARCLAY -- read once and  referred  to
  the Committee on Codes

AN  ACT  to  amend  the  penal  law, in relation to the definition of an
  assault weapon

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

  Section  1.  Paragraphs  (a), (b) and (c) of subdivision 22 of section
265.00 of the penal law, as added by chapter 1 of the laws of 2013,  are
amended to read as follows:
  (a)  a  semiautomatic rifle that has an ability to accept a detachable
magazine, HAS A PISTOL GRIP THAT  PROTRUDES  CONSPICUOUSLY  BENEATH  THE
ACTION  OF  THE WEAPON, and has at least one of the following character-
istics:
  (i) a folding or telescoping stock;
  (ii) [a pistol grip that protrudes conspicuously beneath the action of
the weapon;
  (iii)] a thumbhole stock;
  [(iv)] (III) a second handgrip or a protruding grip that can  be  held
by the non-trigger hand;
  [(v)] (IV) a bayonet mount;
  [(vi)]  (V) a flash suppressor[, muzzle break, muzzle compensator,] or
threaded barrel designed to  accommodate  a  flash  suppressor[,  muzzle
break, or muzzle compensator];
  [(vii)] (VI) a grenade launcher; or
  (b)  a  semiautomatic  shotgun  that has at least one of the following
characteristics:
  (i) a folding or telescoping stock;
  (ii) [a thumbhole stock;
  (iii)] a second handgrip or a protruding grip that can be held by  the
non-trigger hand;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03534-01-5
              

A. 4974                             2

  [(iv)] (III) a fixed magazine capacity in excess of seven rounds;
  [(v)] (IV) an ability to accept a detachable magazine; or
  (c)  a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least one of the following characteristics:
  (i) a folding or telescoping stock;
  (ii) a thumbhole stock;
  (iii) a second handgrip or a protruding grip that can be held  by  the
non-trigger hand;
  (iv)  capacity  to  accept an ammunition magazine that attaches to the
pistol outside of the pistol grip;
  (v) a threaded barrel capable of accepting a  barrel  extender,  flash
suppressor, forward handgrip, or silencer;
  (vi)  [a shroud that is attached to, or partially or completely encir-
cles, the barrel and that permits the shooter to hold the  firearm  with
the non-trigger hand without being burned;
  (vii)]  a  manufactured weight of fifty ounces or more when the pistol
is unloaded; or
  [(viii)] (VII) a semiautomatic version of an automatic rifle,  shotgun
or firearm;
  S 2. This act shall take effect immediately.