S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5300
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT to amend the environmental conservation law and the penal law in
   relation to removing prohibition on  possession  and  use  of  firearm
   silencers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1  of  section  11-0931  of  the  environmental
 conservation  law, the opening paragraph and subparagraph 1 of paragraph
 c as amended by chapter 135 of the laws of 1982, is amended to  read  as
 follows:
   1.  No  person  except a law enforcement officer in the performance of
 his official duties shall use in hunting or possess  in  the  fields  or
 forests or on the waters of the state for any purpose:
   a. [the apparatus known as a silencer;
   b.]  any automatic firearm, or any firearm which has been converted to
 an automatic type, or  any  firearm  which  has  a  built-in  mechanical
 adjustment which will permit it to function as an automatic arm; or
   [c.]  B.  any  auto-loading  firearm of a construction to contain more
 than six shells in the magazine and chamber combined, except
   (1) such a firearm using twenty-two caliber rim-fire ammunition, or
   (2) such a firearm which has been altered so as to reduce its capacity
 to not more than six shells at one time  in  the  magazine  and  chamber
 combined, or
   (3)  an  auto-loading pistol having a barrel less than eight inches in
 length.
   [d. An] C. AN automatic firearm is defined as one which will  continue
 to  fire as long as the trigger is held back. An auto-loading firearm is
 defined as one which reloads itself after each shot  and  requires  that
 the trigger be pulled back for each shot.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04902-01-7
              

 A. 5300                             2
 
   §  2.  Subdivision 2 of section 265.02 of the penal law, as amended by
 chapter 764 of the laws of 2005, is amended to read as follows:
   (2) Such person possesses any explosive or incendiary bomb, bombshell,
 [firearm  silencer,] machine-gun or any other firearm or weapon simulat-
 ing a machine-gun and which is adaptable for such use; or
   § 3. Subdivisions 2 and 3 of section 265.10 of the penal law, subdivi-
 sion 2 as amended by chapter 257 of the laws of 2008 and  subdivision  3
 as  amended  by  chapter 189 of the laws of 2000, are amended to read as
 follows:
   2. Any person  who  transports  or  ships  any  machine-gun,  [firearm
 silencer,] assault weapon or large capacity ammunition feeding 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, switch-
 blade 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[,]  OR
 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, firearm, large capacity ammunition  feed-
 ing  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,  firearm,  large  capacity  ammunition
 feeding device, rifle or shotgun is guilty of a class D felony.
   §  4.  Subdivision 3 of section 265.15 of the penal law, as amended by
 chapter 257 of the laws of 2008, is amended to read as follows:
   3. The presence in an automobile, other than a stolen one or a  public
 omnibus,  of  any  firearm,  large  capacity  ammunition feeding device,
 defaced firearm, defaced rifle or shotgun, defaced large capacity  ammu-
 nition feeding device, [firearm silencer,] explosive or incendiary bomb,
 bombshell,  gravity  knife,  switchblade  knife,  pilum ballistic knife,
 metal knuckle knife, dagger, dirk, stiletto, billy,  blackjack,  plastic
 knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is
 presumptive  evidence  of  its  possession by all persons occupying such
 automobile at the time such weapon, instrument or  appliance  is  found,
 except under the following circumstances: (a) if such weapon, instrument
 or  appliance  is found upon the person of one of the occupants therein;
 (b) if such weapon, instrument or appliance is found  in  an  automobile
 which  is  being operated for hire by a duly licensed driver in the due,
 lawful and proper pursuit of his or her  trade,  then  such  presumption
 shall not apply to the driver; or (c) if the weapon so found is a pistol
 or  revolver  and one of the occupants, not present under duress, has in
 his or her possession a valid license to have and  carry  concealed  the
 same.
   § 5. This act shall take effect immediately.