NY State Senate Bill 2017-S3659

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2017	referred to codes

2017-S3659 (ACTIVE) - Details

See Senate Version of this Bill:: S7067
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 400.00, 265.02, 265.10 & 265.20, Pen L; add §233, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7609
2015-2016: S2050
2019-2020: S2437
2021-2022: S2892
2023-2024: S2978

2017-S3659 (ACTIVE) - Summary

Relates to prohibiting the possession of certain 50 caliber firearms; directs the division of state police to embark on a program whereby persons currently in lawful possession of such weapons may be reimbursed for the fair market value thereof upon turning in such weapons to a designated officer.

2017-S3659 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3659

 TITLE OF BILL :  An act to amend the penal law and the executive law,
in relation to banning 50 caliber weapons

 PURPOSE :

To prohibit the sale, possession, or use of .50 caliber
rifles--extremely high powered weapons designed to kill humans and
disable machinery or vehicles at distances of well over a mile--which
are too large and unwieldy for effective home defense and too powerful
and destructive for hunting.

 SUMMARY OF PROVISIONS :

Section 1: Presents legislative findings. The legislature hereby 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.

Section 2: This act shall be known and may be cited as the ".50
Caliber Threat Reduction" Act.

Section 3: Amends section 265.00 of the Penal Law to add a new
subsection (26) defining 50-caliber weapons: Paragraph (a) provides
that 50-caliber weapons include those which:

(i) fire a 50-caliber or larger bullet; or

(ii) are capable of firing a projectile that attains a muzzle energy
of 12,000 foot-pounds or greater in any combination of bullet,
propellant, case, or primer, or;

(iii) any copy or duplicate of any such weapon that it capable of
firing a projectile that attains a muzzle energy of 12,000 foot-pounds
or greater regardless of caliber.

Paragraph (b) provides an exemption for any firearm that meets the
definition of paragraph (a) but was purchased before the date of
enactment of the chapter of this paragraph.

Paragraph (c) provides an exemption from the definition in paragraph

(a) above for:

(i) any weapon rendered permanently inoperable;

(ii) any firearm which meets the federal definition of an antique
found in 18 USC 921;

(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 firearm which meets the definition of a curio or relic, i.e.
manufactured more than 50 years ago.

(v) any muzzle-loading rifle or shotgun with a rifled bore;

Section 4: Creates new subdivisions 18 and 19 of section 400 of the
penal code to create a system for the registration of weapons defined
in paragraph (b) of subdivision 26 of section 265.00 of the penal
code.
Subdivision 18 requires the owner of a weapon defined in paragraph (b)
of subdivision 26 of section 265.00 of the penal code, to undergo the
same registration processes set up by the SAFE Act for assault weapons
which were exempted (grandfathered) from the prohibition.  Within one
year of the effective date, all weapons defined as 50-caliber weapons
which were purchased before this bill was signed into law must be
registered. All registered owners will be subject to a review of
disqualifiers by the State Police.

Qualified retired New York or federal law enforcement officers who
purchased a 50-caliber weapon as part of their official duties must
register that weapon within 60 days of retirement.

The state police will establish and maintain a website to educate the
public on what weapons are in fact prohibited. Any person who
knowingly fails to register such a weapon shall be guilty of a class A
misdemeanor. Those who unknowingly fail to register will be issued a
warning and will have 30 days to come in to compliance with the law or
the weapon will be seized.

Any costs associated with technological upgrades required to
electronically transfer registration records by dealers or licensing
agency shall be borne by the state.

Subdivision 19 provides that when one is in violation of this section
but holds an otherwise valid license they will not be subject to
prosecution for any violation of any provision of section 265.00 of
the penal code related to illegal possession and will only be guilty
of a class a misdemeanor.

Section 5: Creates a new subdivision (11) of section 265.02 of the
penal law to include possession of a 50-caliber weapon among the
offenses that constitute criminal possession of a weapon in the third
degree.

Section 6: Amends subdivision 3 of section 265.00 of the penal code to
include 50 caliber-weapons in the definition of "firearm."

Section 7: Amends subdivisions 1, 2, 3, and 6 of section 265.10 of the
penal code to include 50 caliber-weapons alongside assault weapons and
machine guns in order to prohibit the manufacture, transport, improper
disposal, and willful defacement of such weapons.

Section 8: Amends paragraph 8 of subdivision (a) of section 265.20 of
the penal code to include 50 caliber-weapons alongside assault weapons
and machine guns, to exempt manufacturers' from prosecution when they
are producing, repairing or developing 50 caliber weapons for official
use by police officers, correctional officers, or the military.

Section 9: Creates a new subdivision (f) of section 265.20 of the
penal law which excludes 50 caliber weapons from the definitions of
the terms "pistol," "revolver," "rifle," and "shotgun" in paragraphs
3-5, 7-7b, and 12-13a of subdivision (a) of section 265.20.

Section 10: Amends the executive law by adding a new section 233 to
include a provision which mandates that all licensed dealers in New
York will be able to return any unsold new 50-caliber weapons to the
manufacturer for a full refund within 30 days of the effective date of
this section. In cases where the manufacturer refuses or fails to
provide a full refund, the dealer shall immediately notify the
attorney general so that he or she may intercede on behalf of the
dealer. Further, within 30 days of the effective date any person may
turn in a used .50 caliber weapon to the state police in exchange for
fair market value.

Section 11: Sets forth the effective date.
 JUSTIFICATION :

50-caliber styled weapons are some of the most dangerous in the U.S.
military's arsenal and perhaps the most dangerous weapons legally
available in the state of New York. These extremely high powered
rifles, are designed to kill human beings and disable machinery and
materiel at distances of well over a mile. Due to the large size of
bullet used by these rifles and the high velocity at which these
bullets are fired, the rifle can be extremely accurate at long range
when handled by an experienced shooter.

While the Second Amendment protects the right to keep and bear arms,
the Supreme Court has said that this right is "not unlimited."
District of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). The
court also recognized the historical tradition of prohibiting
"'dangerous and unusual' weapons." Id. at 626-27. This legislation
heeds the guidance of the Supreme Court by increasing the safety of
New Yorkers while observing the protections of the Second Amendment.

50-caliber styled weapons are readily available to civilians in gun
stores and through the internet, leading to thousands of rifles having
been sold throughout the country in the last two decades. Some weapons
are so dangerous that we simply cannot afford to continue selling them
in our state. It is exactly the benefit of 50-caliber weapons to the
military that make them such a potentially dangerous weapon in the
wrong hands. A weapon with the capacity to kill a human at over a
mile, pierce body and vehicle armor, and destroy military and civilian
infrastructure could cause considerable destruction and havoc.

Alarmingly, Federal Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF) investigators have found that some of these weapons
have ended up in the hands of domestic and international terrorist
organizations, international drug traffickers, and violent criminals.

Despite their versatility in war, these rifles have limited lawful
purposes. They weigh between twenty and forty pounds and measure
almost five feet in length. They are too large and unwieldy for
effective home defense and too powerful and destructive for hunting.

This bill will require the registration of all 50-caliber weapons in
the state purchased before the effective date of the ban, will
prohibit the sale of new 50-caliber weapons, and will prohibit other
transfers of 50-caliber weapons. This legislation is necessary to
protect our citizens and the law enforcement personnel who risk their
lives to keep us safe.

Past attempts in other places to limit the sale of 50-caliber weapons
have been thwarted by gun manufacturers who have made slight
adjustments to the weapons in order to bring them into compliance with
the law. These modified weapons, however, are no less dangerous than
their predecessors. In order to address this problem, this bill seeks
to broaden the definition of 50-caliber weapons to include not only
those weapons which fire a round that is 50-caliber or higher, but
also all weapons which fire a round that generates 12,000 lbs of
muzzle energy. The bill therefore effectively balances the competing
interests noted by the Supreme Court in Heller by prohibiting new
sales or transfers of 50-caliber rifles which are too high powered to
be useful for any usual lawful purposes, like home protection,
self-defense, or hunting.

 LEGISLATIVE HISTORY :

2016: S2050A/A5843 - REFERRED TO CODES/referred to codes
2015: S2050/A5843 - MOTION FOR COMMITTEE CONSIDERATION
REQUESTED/referred to codes
2014: A03322A (Kavanagh) -- Codes; Same as 57609 (Squadron) -- Codes.
 FISCAL IMPACT ON THE STATE :

Unknown.

 EFFECTIVE DATE :
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.

2017-S3659 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3659
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced by Sens. SQUADRON, PERKINS -- read twice and ordered printed,
   and when printed to be committed 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.
   § 2. Short title. This act shall be known and may be cited as the  "50
 Caliber Threat Reduction Act".
   § 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;
   (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:

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

                                                            LBD02841-01-7

 S. 3659                             2
 
   (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.
   § 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
 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.

 S. 3659                             3
 
   (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.
   § 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.
   §  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:
   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-

 S. 3659                             4

 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.
   §  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.
   § 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
 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

 S. 3659                             5
 
 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.
   § 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.
   § 10. The executive law is amended by adding a new section 233 to read
 as follows:
   § 233. 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.
   § 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.

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Senate Bill S3659

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S3659 (ACTIVE) - Details

2017-S3659 (ACTIVE) - Summary

2017-S3659 (ACTIVE) - Sponsor Memo

2017-S3659 (ACTIVE) - Bill Text download pdf

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Senate Bill S3659

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S3659 (ACTIVE) - Details

2017-S3659 (ACTIVE) - Summary

2017-S3659 (ACTIVE) - Sponsor Memo

2017-S3659 (ACTIVE) - Bill Text download pdf

Comments