S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5263
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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;  and  to  repeal section 265.37 of such law relating
   thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  23  of  section  265.00 of the penal law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   23. "Large capacity ammunition feeding device" 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 ammuni-
 tion, or (c) is obtained after the effective date of the chapter of  the
 laws  of  two thousand thirteen 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 repli-
 cas 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 regis-
 tered within thirty days of their transfer into the state. Notwithstand-
 ing paragraph (h) of subdivision twenty-two of this section, such  feed-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10709-01-7

 S. 5263                             2
 
 ing  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.
   §  2.  Subdivision 8 of section 265.02 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   (8) Such person possesses a large capacity ammunition feeding device[.
 For purposes of this subdivision, a large  capacity  ammunition  feeding
 device shall not include an ammunition feeding device lawfully possessed
 by  such  person before the effective date of the chapter of the laws of
 two thousand thirteen which amended this subdivision, that has a capaci-
 ty of, or that can be readily restored or converted to accept more  than
 seven  but  less  than eleven rounds of ammunition, or that was manufac-
 tured before September thirteenth, nineteen  hundred  ninety-four,  that
 has  a  capacity  of,  or  that  can be readily restored or converted to
 accept, more than ten rounds of ammunition]; or
   § 3. Section 265.37 of the penal law is REPEALED.
   § 4. This act shall take effect immediately.