S T A T E   O F   N E W   Y O R K
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                                  5843

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by M. of A. KAVANAGH, COOK, RAMOS, JAFFEE, ROBINSON, LAVINE,
  ARROYO, LIFTON -- Multi-Sponsored by --  M.  of  A.  DINOWITZ,  ENGLE-
  BRIGHT,    GLICK,    GOTTFRIED,    JOHNS,   MARKEY,   ORTIZ,   PAULIN,
  PEOPLES-STOKES, PERRY, SCARBOROUGH -- read once and  referred  to  the
  Committee on Codes

AN  ACT  to  amend  the  penal law and the executive law, in relation to
  banning 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. Short title. This act shall be known and may be cited as the  "50
Caliber Threat Reduction Act".
  S 3. Section 265.00 of the penal law is amended by adding a new subdi-
vision 26 to read as follows:
  26. "50 CALIBER WEAPON" MEANS:
  (A) ANY RIFLE CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE:
  (I)  OF  A  CALIBER  OF  50 OR GREATER, WHICH SHALL INCLUDE ANY METRIC
EQUIVALENT OF 50 CALIBER OR GREATER; OR
  (II) THAT IS CAPABLE OF FIRING A  PROJECTILE  THAT  ATTAINS  A  MUZZLE
ENERGY  OF  TWELVE THOUSAND FOOT-POUNDS OR GREATER IN ANY COMBINATION OF
BULLET, PROPELLANT, CASE, OR PRIMER; OR
  (III) ANY COPY OR DUPLICATE OF ANY SUCH  WEAPON  THAT  IS  CAPABLE  OF
FIRING  A  PROJECTILE  THAT  ATTAINS  A MUZZLE ENERGY OF TWELVE THOUSAND
FOOT-POUNDS OR GREATER REGARDLESS OF CALIBER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01257-02-5

              

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  (B) ANY RIFLE CAPABLE OF FIRING A  CENTER-FIRE  CARTRIDGE  DEFINED  IN
PARAGRAPH (A) OF THIS SUBDIVISION, POSSESSED PRIOR TO THE EFFECTIVE DATE
OF THIS SUBDIVISION;
  (C) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
  (I) ANY WEAPON CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE THAT HAS BEEN
RENDERED PERMANENTLY INOPERABLE;
  (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

A. 5843                             3

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-
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:

A. 5843                             4

  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
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

A. 5843                             5

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
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 232 to read
as follows:
  S  232.  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.