S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3098
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to the possession of  certain
   antique rifles or replicas thereof
 
   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.  PROVIDED,
 FURTHER, THAT SUCH TERM SHALL  ALSO  NOT  INCLUDE  AN  ATTACHED  TUBULAR
 DEVICE  DESIGNED TO ACCEPT, AND CAPABLE OF OPERATING ONLY WITH .44 CALI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00834-01-1

 A. 3098                             2
 
 BER RIMFIRE OR .44-40 CALIBER  AMMUNITION  IF  SUCH  TUBULAR  DEVICE  IS
 ATTACHED  TO  A RIFLE THAT WAS MANUFACTURED AT LEAST FIFTY YEARS AGO, OR
 MODERN DAY REPLICAS OF SUCH  RIFLE.  Notwithstanding  paragraph  (h)  of
 subdivision  twenty-two  of  this  section,  such feeding 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. This act shall take effect immediately.