NY State Senate Bill 2017-S3695

Senate Bill S3695

2017-2018 Legislative Session

Relates to permitting retired law enforcement officers to own large ammunition feeding devices

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 25, 2017	referred to codes

2017-S3695 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.20, Pen L
Versions Introduced in 2015-2016 Legislative Session:: S6602

2017-S3695 (ACTIVE) - Summary

Permits retired law enforcement officers to own large ammunition feeding devices.

2017-S3695 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3695

 TITLE OF BILL :  An act to amend the penal law, in relation to large
capacity ammunition feeding devices

 PURPOSE :

This bill clarifies what constitutes a replacement large capacity
ammunition feeding device for qualified retired State or federal law
enforcement officers.

 SUMMARY OF PROVISIONS :

Section one of this bill amends section 265.20(e) of the Penal Law by
providing that a replacement large capacity ammunition feeding device
includes a device that is capable of holding up to 16 rounds of
ammunition.

Section two of this bill provides that this act shall take effect
immediately.

 CURRENT LAW :

Currently, the Penal Law offenses associated with the possession of a
large capacity ammunition feeding device (Penal Law §§ 265.02(8),
265.36 and 265.37) do not apply to qualified retired State and federal

law enforcement officers with regard to large capacity ammunition
feeding devices in two situations. These situations occur when the
large capacity ammunition feeding devices were issued to or purchased
by such retired officers while they were on the job and owned by them
at retirement and when such devices need to be replaced.

 JUSTIFICATION :

Retired State and federal law enforcement officers who are entitled to
the exemptions from the high capacity ammunition feeding possession
crimes have been trained and certified in the use of their weapon.
The size of the ammunition feeding device has no bearing on such
training or certification. This bill clarifies the current law and
acknowledges that the size of an ammunition feeding device should not
matter for purposes of this exemption. If a large capacity ammunition
feeding device that is capable of holding up to sixteen rounds of
ammunition can be used in the weapon that meets the criteria affording
this exemption, then its ownership should be permitted under this
exemption.

 LEGISLATIVE HISTORY :

2016: S.6602 - Referred to Codes

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3695 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3695
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to large capacity  ammunition
   feeding devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision e of section 265.20 of the penal law, as  added
 by chapter 98 of the laws of 2013, is amended to read as follows:
   e.  Subdivision eight of section 265.02 and sections 265.36 and 265.37
 of this chapter shall not apply to  a  qualified  retired  New  York  or
 federal law enforcement officer as defined in subdivision twenty-five of
 section  265.00  of this article, with respect to large capacity ammuni-
 tion feeding devices issued to such officer or purchased by such officer
 in the course of his or her official duties and owned by such officer at
 the time of his or her retirement or comparable  replacements  for  such
 devices,  if:  (i)  the  agency that employed the officer qualified such
 officer in the use of the weapon which accepts such device in accordance
 with applicable state or federal standards for active duty law  enforce-
 ment  officers  within twelve months prior to his or her retirement; and
 (ii) such retired officer meets, at his or her own expense, such  appli-
 cable  standards  for such weapon at least once within three years after
 his or her retirement date and at least once every three years thereaft-
 er, provided, however, that any such  qualified  officer  who  has  been
 retired for eighteen months or more on the effective date of this subdi-
 vision shall have eighteen months from such effective date to qualify in
 the use of the weapon which accepts such large capacity ammunition feed-
 ing  device  according  to  the provisions of this subdivision, notwith-
 standing that such officer did not qualify within three years after  his
 or  her  retirement date, provided that such officer is otherwise quali-
 fied and maintains compliance with the provisions of  this  subdivision.
 FOR PURPOSES OF THIS SUBDIVISION, A COMPARABLE REPLACEMENT SHALL INCLUDE
 A LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT IS CAPABLE OF HOLDING UP
 TO SIXTEEN ROUNDS.
   § 2. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06029-01-7

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