NY State Senate Bill 2021-S2892

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 26, 2021	referred to codes

2021-S2892 (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 §235, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7609
2015-2016: S2050
2017-2018: S3659, S7067
2019-2020: S2437
2023-2024: S2978

2021-S2892 (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.

2021-S2892 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2892

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-extremely
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 definition of paragraph (a) but was purchased
before the date of enactment of the chapter of this paragraph.  Para-
graph (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 d destroy military and civilian infrastruc-
ture could cause considerable destruction and havoc.

Alarmingly, Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF) 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:

2020: S2437 - REFERRED TO CODES

2019: S2437 - REFERRED TO CODES

2018: S7067 - REFERRED TO CODES

2017: S3659 - REFERRED TO CODES

2016: S2050A/A5843 - AMENDED AND RECOMMITTED TO CODES/ referred to codes

2015: S2050/A5843 - DEFEATED IN CODES/ referred to codes

 
FISCAL IMPACT ON THE STATE:

None.

 
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.

2021-S2892 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2892
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 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 32 to read as follows:
   32. "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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06356-01-1

 S. 2892                             2
 
   (I) ANY WEAPON CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE THAT HAS BEEN
 RENDERED PERMANENTLY INOPERABLE;
   (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  NINETEEN
 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 NINETEEN 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 19 and 20 to read as follows:
   19.  REGISTRATION  OF  50  CALIBER WEAPONS.   (A) AN OWNER OF A WEAPON
 DEFINED IN PARAGRAPH (B) OF SUBDIVISION THIRTY-TWO 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 THIRTY-TWO 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 THIRTY-TWO 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.

 S. 2892                             3
 
   (B)  NOTWITHSTANDING  ANY  INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF
 THIS SUBDIVISION, AN OWNER OF A 50 CALIBER WEAPON AS DEFINED IN SUBDIVI-
 SION THIRTY-TWO 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.
   20.  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-

 S. 2892                             4
 
 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
 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 separately amended by chapters 34, 130  and  146
 of the laws of 2019, subdivision 3 as amended by chapter 130 of the laws
 of  2019,  and  subdivision  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 rapid-fire
 modification device is guilty of a class E felony. Any person who  manu-
 factures  or  causes  to  be  manufactured  any switchblade knife, pilum
 ballistic  knife,  metal  knuckle  knife,  undetectable  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  any rapid-fire modification device is guilty of a
 class E felony.  Any person who transports or ships as  merchandise  any
 firearm,  other than an assault weapon OR 50 CALIBER WEAPON, switchblade
 knife, pilum ballistic  knife,  undetectable  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 disposes  of  any
 rapid-fire modification device is guilty of a class E 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 ammuni-
 tion feeding 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  130 of the laws of 2019, 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,
 rapid-fire modification devices, 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

 S. 2892                             5
 
 research  and  development, and the disposal and shipment thereof direct
 to a regularly  constituted  or  appointed  state  or  municipal  police
 department,  sheriff,  police  officer  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 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 THIRTY-TWO OF SECTION 265.00 OF
 THIS ARTICLE.
   § 10. The executive law is amended by adding a new section 235 to read
 as follows:
   §  235.  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.

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Senate Bill S2892

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Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S2892 (ACTIVE) - Details

2021-S2892 (ACTIVE) - Summary

2021-S2892 (ACTIVE) - Sponsor Memo

2021-S2892 (ACTIVE) - Bill Text download pdf

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Senate Bill S2892

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S2892 (ACTIVE) - Details

2021-S2892 (ACTIVE) - Summary

2021-S2892 (ACTIVE) - Sponsor Memo

2021-S2892 (ACTIVE) - Bill Text download pdf

Comments