S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4573
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. SALKA -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation  to  ammunition  capacity  in
   firearms;  and  to repeal certain provisions of the penal law relating
   to possession of ammunition and ammunition feeding devices

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (h) of subdivision 22 of section 265.00 of the
 penal law is REPEALED.
   § 2. 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-

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

                                                            LBD07841-01-1

 A. 4573                             2

 tered within thirty days of their transfer into the state. Notwithstand-
 ing  paragraph (h) of subdivision twenty-two of this section, such feed-
 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].
   § 3. 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
   §  4.  The opening paragraph of subdivision a of section 265.20 of the
 penal law, as separately amended by chapters 130 and 134 of the laws  of
 2019, is amended to read as follows:
   [Paragraph  (h)  of  subdivision  twenty-two  of  section  265.00  and
 sections] SECTIONS 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02, 265.03,
 265.04,  265.05,  265.10,  265.11,  265.12,  265.13,  265.15,   [265.36,
 265.37,] 265.50, 265.55 and 270.05 shall not apply to:
   § 5. Sections 265.36 and 265.37 of the penal law are REPEALED.
   § 6. This act shall take effect immediately.