NY State Senate Bill 2017-S6902

Senate Bill S6902

2017-2018 Legislative Session

Relates to defining and prohibiting an accessory to accelerate the firing rate of a semiautomatic weapon

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Oct 06, 2017	referred to rules

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2017-S6902 (ACTIVE) - Details

See Assembly Version of this Bill:: A8913
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.02, 265.10 & 265.15, Pen L
Versions Introduced in 2019-2020 Legislative Session:: A2538

2017-S6902 (ACTIVE) - Summary

Relates to defining and prohibiting an accessory to accelerate the firing rate of a semiautomatic weapon.

2017-S6902 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6902

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the penal law, in relation to defining
and prohibiting an accessory to accelerate the firing rate of a semiau-
tomatic weapon

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 265.00 of the penal law to add a
new subdivision 26 defining the term "accessory to accelerate the firing
rate of a semiautomatic weapon" as any instrument, attachment, weapon or
appliance causing or intended to cause the firing rate of a semiautomat-
ic weapon to increase.

Section 2 of the bill amends subdivision 2 of section 265.02 of the
penal law, as amended by chapter 764 of the laws of 2005, to prohibit
the possession of an accessory to accelerate the firing rate of a semi-
automatic weapon under the class D felony of criminal possession of a
weapon in the third degree.

Section 3 of the bill amends subdivisions 2 and 3 of section 265.10 of

the penal law, subdivision 2 as amended by chapter 257 of the laws of
2008 and subdivision 3 as amended by chapter 189 of the laws of 2000, to
prohibit the transport, shipment, or disposition (including sale) of an
accessory to accelerate the firing rate of a semiautomatic weapon.
Violations of these subdivisions constitute a class D felony.

Section 4 of the bill amends subdivision 3 of section 265.15 of the
penal law, as amended by chapter 257 of the laws of 2008 to create an
evidentiary presumption that an accessory to accelerate the firing rate
of a semiautomatic weapon present in an automobile is in possession by
all persons occupying the vehicle at the time it is found.

Section 5 of the bill is the effective date.

 
JUSTIFICATION:

"Bump stocks" or gunstocks designed to enable bump fire are devices that
can be affixed to semi-automatic firearms that enable them to fire more
rapidly and mimic the effects of an automatic weapon or machine gun.
They use the gun's recoil to hit against the shooter's shoulder, allow-
ing the trigger finger to stay in place and thus fire much faster.

According to law enforcement officials, Las Vegas shooter Stephen
Paddock outfitted at least twelve of the rifles he used to kill 59
people and injure over 520 on October 1, 2017 with bump stock devices.
Paddock was thus able to fire hundreds of rounds per minute and repli-
cate the effects of an automatic weapon, leaving unimaginable carnage in
his wake.

In New York, it is illegal to modify a firearm or weapon in such a way
that it effectively becomes an automatic weapon or machine gun.  Howev-
er, devices like bump stocks are not illegal per se. There is no justi-
fiable or lawful purpose for one to own these devices.

This bill would add possession of accessories to accelerate the firing
rate of a semiautomatic weapon, including bump-fire stocks, to the class
D felony of criminal possession of a weapon in the third degree. The
legislation would also prohibit the transportation, shipment or sale of
such accessories in New York.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S6902 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6902
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              October 6, 2017
                                ___________
 
 Introduced  by  Sens. HOYLMAN, BROOKS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to defining  and  prohibiting
   an accessory to accelerate the firing rate of a semiautomatic weapon
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 265.00 of the penal law is amended by adding a  new
 subdivision 26 to read as follows:
   26.  "ACCESSORY TO ACCELERATE THE FIRING RATE OF A SEMIAUTOMATIC WEAP-
 ON" MEANS ANY INSTRUMENT, ATTACHMENT, WEAPON  OR  APPLIANCE  CAUSING  OR
 INTENDED TO CAUSE THE FIRING RATE OF A SEMIAUTOMATIC WEAPON TO INCREASE.
   §  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, ACCESSORY TO ACCELERATE THE FIRING RATE OF A SEMIAUTO-
 MATIC WEAPON, machine-gun or any other firearm or  weapon  simulating  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 silenc-
 er,  ACCESSORY  TO ACCELERATE THE FIRING RATE OF A SEMIAUTOMATIC WEAPON,
 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,  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13586-01-7

 S. 6902                             2
 
   3. Any person who disposes of any machine-gun, assault  weapon,  large
 capacity  ammunition  feeding device [or], firearm silencer OR ACCESSORY
 TO ACCELERATE THE FIRING RATE OF A SEMIAUTOMATIC WEAPON is guilty  of  a
 class D felony. Any person who knowingly buys, receives, disposes of, or
 conceals  a  machine-gun,  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, 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,  ACCESSORY  TO  ACCELERATE  THE
 FIRING  RATE  OF  A  SEMIAUTOMATIC WEAPON, 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 on the ninetieth day  after  it  shall
 have become a law.

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