NY State Senate Bill 2017-S7067

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

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

2017-S7067 (ACTIVE) - Details

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-S7067 (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-S7067 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7067

SPONSOR: KAVANAGH
 
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--extreme-
ly 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 legisla-
ture 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 defi-
nition 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 regis-
tered. All registered owners will be subject to a review of disqualifi-
ers 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 misdemea-
nor. 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 electron-
ically 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 prose-
cution 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 manufac-
turer 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 avail-
able 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 experi-
enced 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 recog-
nized 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
(ATE) 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 citi-
zens 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 prede-
cessors. 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-cal-
iber 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-S7067 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7067
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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:
   (I) ANY WEAPON CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE THAT HAS BEEN
 RENDERED PERMANENTLY INOPERABLE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02841-01-7

 S. 7067                             2
 
   (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.
   (B) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF  PARAGRAPH  (A)  OF
 THIS SUBDIVISION, AN OWNER OF A 50 CALIBER WEAPON AS DEFINED IN SUBDIVI-

 S. 7067                             3
 
 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-
 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

 S. 7067                             4
 
 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
 military  service  of  this  state  or  of the United States; or for the

 S. 7067                             5
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7067

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S7067 (ACTIVE) - Details

2017-S7067 (ACTIVE) - Summary

2017-S7067 (ACTIVE) - Sponsor Memo

2017-S7067 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7067

Share this bill

Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S7067 (ACTIVE) - Details

2017-S7067 (ACTIVE) - Summary

2017-S7067 (ACTIVE) - Sponsor Memo

2017-S7067 (ACTIVE) - Bill Text download pdf

Comments