BILL NUMBER: S42

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the penal law, in relation to
possession and sale of armor piercing ammunition; and to repeal subdivi-
sion 8 of section 265.01 of the penal law relating to armor piercing
ammunition

 
PURPOSE OR GENERAL IDEA OF BILL:

Makes the unlawful sells, exchanges, gives or disposals of, to another
person or persons armor piercing ammunition a class B felony, as well as
makes position of armor piercing ammunition a class B felony.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill repeals subdivision 8 of section 265.01 of the
penal law which makes it a class A misdemeanor to possess any armor
Piercing ammunition with intent to use the same unlawfully ammunition
against another.

              

Section 2 of the bill amends section 268.04 of the code by adding a
third subdivision which makes possession of armor piercing ammunition a
criminal possession of a weapon in the first degree which is a class B
felony.

Section 3 of the bill amends section 268.13 of the penal law by adding a
third subdivision which makes the unlawful sells, exchanges, gives or
disposals of, to another person or persons armor piercing ammunition a
criminal sale of a firearm in the first degree which is a class B felo-
ny.

 
JUSTIFICATION:

Following the attempted assassination of former President Ronald Reagan
and the shooting of Press Secretary James Brady, the possession of a
bullet "containing an explosive substance designed to detonate upon
impact" was criminalized (§ 268.01(7)). In addition, in 1985 the
possession, with intent, of "armor piercing ammunition" (as defined in §
265.00(18)) or the commonly know "COP killer" bullet was criminalized.
However, the qualification of intent did not render possession unlawful.

Possession of "armor Piercing ammunition" does not reasonably infer any
use other than to pierce the body armor worn by law enforcement repre-
sentatives or to cause irreparable damage to the victim of a wound
inflicted by the application of this type of ammunition.  Consequently,
possession can be inferred to be for an unlawful purpose.

This bill would make possession of devastating armor piercing rounds a
class 3 felony instead of a class A misdemeanor as well as make the sale
of such rounds a class B felony. Making it a more serious crime to
possess these rounds which are used for destructive means and pose a
grave danger to the lives of all New Yorkers and the police officers who
protect them.

 
PRIOR LEGISLATIVE HISTORY:

S.0034 of 2017-2018 (Hoylman): Died in Codes
S.3717 of 2015-2016 (Espaillat): Died in Codes
S.1813 of 2013-2014 (Espaillat): Died in Codes
S.6264 of 2012 (Espaillat): Died in Rules

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall become law.