BILL NUMBER:S3717

TITLE OF BILL:  An act to amend the penal law, in relation to
possession and sale of armor piercing ammunition; and to repeal
certain provisions of the penal law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

Makes the unlawful sells, exchanges, gives or disposals of, to another
person or persons armor piercing ammunition a class B felony, as well
as makes position of armor piercing ammunition a class B felony.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill repeals subdivision 8 of section 265.01 of the
penal law which makes it a class A misdemeanor to possess any armor
Piercing ammunition with intent to use the same unlawfully ammunition
against another.

Section 2 of the bill amends section 268.04 of the code by adding a
third subdivision which makes possession of armor piercing ammunition
a criminal possession of a weapon in the first degree which is a class
B felony.

Section 3 of the bill amends section 268.13 of the penal law by adding
a third subdivision which makes the unlawful sells, exchanges, gives
              

or disposals of, to another person or persons armor piercing
ammunition a criminal sale of a firearm in the first degree which is a
class B felony.

JUSTIFICATION:

Following the attempted assassination of former President Ronald
Reagan and the shooting of Press Secretary James Brady, the possession
of a bullet "containing an explosive substance designed to detonate
upon impact" was criminalized (§ 268.01(7)). In addition, in 1985 the
possession, with intent, of "armor piercing ammunition" (as defined in
§ 265.00(18)) or the commonly know "COP killer" bullet was
criminalized. However, the qualification of intent did not render
possession unlawful.

Possession of "armor Piercing ammunition" does not reasonably infer
any use other than to pierce the body armor worn by law enforcement
representatives or to cause irreparable damage to the victim of a
wound inflicted by the application of this type of ammunition.
Consequently, possession can be inferred to be for an unlawful
purpose.

This bill would make possession of devastating armor piercing rounds a
class 3 felony instead of a class A misdemeanor as well as make the
sale of such rounds a class B felony. Making it a more serious crime
to possess these rounds which are used for destructive means and pose
a grave danger to the lives of all New Yorkers and the police officers
who protect them.

PRIOR LEGISLATIVE HISTORY:


None.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect 180 days after it shall become law.