BILL NUMBER:S5760

TITLE OF BILL:

An act to amend chapter 1 of the laws of 2013 amending the criminal
procedure law and other laws relating to suspension and revocation of
firearm licenses, in relation to the possession of certain firearms
and equipment by members of the military

PURPOSE:

To clarify that military members are authorized to possess large
capacity feeding devices and other banned weapons when acting in their
official military capacity

SUMMARY OF PROVISIONS:

Section 1 amends the criminal procedure law and other laws relating to
suspension and revocation of firearm licenses, by adding a new section
38-a providing that military service members are authorized to carry
their military issued equipment, including military issued rifles and
magazines, including large capacity magazines, during transit within
the state in their capacity as military service members.

Section 2 provides the effective date

              

EXISTING LAW:

§ 265.00 of the Penal Law, defines large capacity ammunition feeding
devices as a magazine, belt drum, feed strip, or similar device that
(a) has a capacity of, or that can be readily restored or converted to
accept, more than ten rounds of ammunition, or (b) contains more than
seven rounds of ammunition, or is obtained after the effective date of
the chapter of the laws of 2013 which amended this subdivision and has
a capacity of, or that can be readily restored or converted to accept,
more than seven rounds of ammunition; provided, however, that such
term does not include an attached tubular device designed to accept,
and capable of operating only with, 22 caliber rimfire ammunition or a
feeding device that is a curio or relic. A feeding device that is a
curio or relic is defined as a device that (i) was manufactured at
least fifty years prior to the current date, (ii) is only capable of
being used exclusively in a firearm, rifle, or shotgun that was
manufactured at least fifty years prior to the current date, but not
including replicas thereof, (iii) is possessed by an individual who is
not prohibited by state or federal law from possessing a firearm and
(iv) is registered with the division of state police pursuant to
subdivision sixteen-a of section 400.00 of this chapter, except such
feeding devices transferred into the state may be registered at any
time, provided they are registered within thirty days of their
transfer into the state. Notwithstanding paragraph (h) of subdivision
twenty-two of this section, such feeding devices may be transferred
provided that such transfer shall be subject to the provisions of
section 400.03 of this chapter including the check required to be
conducted pursuant to such section.

§ 265.36 of the Penal Law provides that it shall be unlawful for a
person to knowingly possess a large capacity ammunition feeding device


manufactured before September 13, 1994, and if such person lawfully
possessed such large capacity feeding device before the effective date
of the chapter of the laws of 2013 which added this section that has a
capacity of, or that can be readily restored or converted to accept,
more than ten rounds of ammunition.

§ 265.37 of the Penal Law provides that it shall be unlawful for a
person to knowingly possess an ammunition feeding device where such
device contains more than seven rounds of ammunition.

§ 265.20 of the Penal Law provides §§ 265.36 and 265.37 (among other
sections under Article 265) shall not apply to: possession of any
weapons, instruments, appliances or substances specified in sections
265.01, 265.02, 265 03, 265.04, 265,05, and 270.05 by the following:
(a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess
the same. (b) Police officers as defined in subdivision thirty-four of
section 1.20 of the criminal procedure law. (c) Peace officers as
defined by section 2.10 of the criminal procedure law.  (d) Persons in
the military or other service of the United States, in pursuit of
official duty or when duly authorized by federal law, regulation or
order to possess the same. (e) Persons employed in fulfilling defense
contracts with the government of the United States or agencies thereof
when possession of the same is necessary for manufacture, transport,
installation and testing under the requirements of such contract.

JUSTIFICATION:

Over the course of a career, military service members may be assigned
to multiple installations in many different states, each with its own
laws regarding firearm ownership and use. Often, as part of their
official duties, soldiers will be issued ammunition kits containing
magazines capable of holding more than ten bullets. Pursuant to
265.00 of the Penal Law, large capacity ammunition feeding devices
means a magazine, belt, drum, feed strip, or similar device that (a)
has a capacity of, or that can be readily restored or converted to
accept, more than ten rounds of ammunition, or (b) contains more than
seven rounds of ammunition. Furthermore, pursuant to §§ 265.36 and
265.37 it is unlawful to possess a large capacity ammunition feeding
device.

Soldiers living on and off the installation must possess, maintain,
and transport their equipment, including large capacity ammunition
feeding devices, between home and work. As federal property properly
issued and held by soldiers, possession of these magazines on or off
the military installation does not violate the above provisions of the
SAFE Act. However, there remains concern that local and state law
enforcement agencies may not discern this exemption. This bill
clarifies that military members are authorized to possess large
capacity feeding devices and other banned weapons when acting in their
official military capacity.  Clarification regarding possession of
this equipment by military service members will contribute to avoiding
potential conflict with local and state law enforcement authorities.
Ensuring that members of the military stationed in New York are able
to fully execute their duties is essential. This bill will ensure that
laudable objective.


LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:.

This act shall take effect immediately.