NY State Senate Bill 2021-S3196

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation
Jan 28, 2021	referred to environmental conservation

2021-S3196 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-0931, En Con L; amd §§265.00 & 265.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1209
2019-2020: S287
2023-2024: S696

2021-S3196 (ACTIVE) - Summary

Removes the prohibition on firearm silencers.

2021-S3196 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3196

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the environmental conservation law and the penal law, in
relation to removing prohibition on possession and use of firearm
silencers

 
PURPOSE:

This legislation would allow for the legal possession of firearm
suppressors.

 
SUMMARY OF PROVISIONS:

Section 1 allows for the use of firearm suppressors for the use of hunt-
ing. Section 2 allows for the possession of a firearm suppressor.

Section 3 clarifies that a firearm suppressor may use such device for
hunting.

Section 4 is the effective date.

 
JUSTIFICATION:

Currently 42 states allow for the legal possession of a suppressor. Of
these 42, 38 allow their use for hunting. The ownership and possession
of a suppressor is legal under Federal law but extremely regulated,
including the payment of a $200 fee. If purchasing from a dealer you
must be 21, or 18 if purchasing from a private citizen.  You must be a
citizen of the United States, and the background check for one takes
anywhere from 4 to 8 months to complete. Suppressors do not silence a
weapon, rather they suppress the noise made by it to between 20-35 dB.
An individual at a gun range who is continuously exposing themselves to
the repeated firing of a weapon could be doing extreme amounts of damage
to their hearing. Likewise, an individual who is hunting and is exposed
to the loud firing of their or someone else's weapon risks hearing loss
as well.

 
LEGISLATIVE HISTORY:

S287 of 2019/2020; Referred to Environmental Conservation

S. 1209A Referred to Senate Environmental Conservation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3196 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3196
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the penal law, in
   relation to removing prohibition on  possession  and  use  of  firearm
   silencers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1  of  section  11-0931  of  the  environmental
 conservation  law, the opening paragraph and subparagraph 1 of paragraph
 c as amended by chapter 135 of the laws of 1982, is amended to  read  as
 follows:
   1.  No  person  except a law enforcement officer in the performance of
 his official duties shall use in hunting or possess  in  the  fields  or
 forests or on the waters of the state for any purpose:
   a. [the apparatus known as a silencer;
   b.]  any automatic firearm, or any firearm which has been converted to
 an automatic type, or  any  firearm  which  has  a  built-in  mechanical
 adjustment which will permit it to function as an automatic arm; or
   [c.]  B.  any  auto-loading  firearm of a construction to contain more
 than six shells in the magazine and chamber combined, except
   (1) such a firearm using twenty-two caliber rim-fire ammunition, or
   (2) such a firearm which has been altered so as to reduce its capacity
 to not more than six shells at one time  in  the  magazine  and  chamber
 combined, or
   (3)  an  auto-loading pistol having a barrel less than eight inches in
 length.
   [d. An] C. AN automatic firearm is defined as one which will  continue
 to  fire as long as the trigger is held back. An auto-loading firearm is
 defined as one which reloads itself after each shot  and  requires  that
 the trigger be pulled back for each shot.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07519-01-1

 S. 3196                             2
 
   § 2. Paragraphs (a) and (c) of subdivision 22 of section 265.00 of the
 penal  law,  as  added  by chapter 1 of the laws of 2013, are amended to
 read as follows:
   (a)  a  semiautomatic rifle that has an ability to accept a detachable
 magazine and has at least one of the following characteristics:
   (i) a folding or telescoping stock;
   (ii) a pistol grip that protrudes conspicuously beneath the action  of
 the weapon;
   (iii) a thumbhole stock;
   (iv)  a  second  handgrip or a protruding grip that can be held by the
 non-trigger hand;
   (v) a bayonet mount;
   (vi) [a flash suppressor, muzzle break, muzzle compensator, or thread-
 ed barrel designed to accommodate a flash suppressor, muzzle  break,  or
 muzzle compensator;
   (vii)] a grenade launcher; or
   (c)  a semiautomatic pistol that has an ability to accept a detachable
 magazine and has at least one of the following characteristics:
   (i) a folding or telescoping stock;
   (ii) a thumbhole stock;
   (iii) a second handgrip or a protruding grip that can be held  by  the
 non-trigger hand;
   (iv)  capacity  to  accept an ammunition magazine that attaches to the
 pistol outside of the pistol grip;
   (v) [a threaded barrel capable of accepting a barrel  extender,  flash
 suppressor, forward handgrip, or silencer;
   (vi)]  a shroud that is attached to, or partially or completely encir-
 cles, the barrel and that permits the shooter to hold the  firearm  with
 the non-trigger hand without being burned;
   [(vii)]  (VI)  a  manufactured weight of fifty ounces or more when the
 pistol is unloaded; or
   [(viii)] (VII) a semiautomatic version of an automatic rifle,  shotgun
 or firearm;
   §  3.  Subdivision 2 of section 265.02 of the penal law, as amended by
 chapter 764 of the laws of 2005, is amended to read as follows:
   (2) Such person possesses any explosive or incendiary bomb, bombshell,
 [firearm silencer,] machine-gun or any other firearm or weapon  simulat-
 ing  a machine-gun and which is adaptable for such use. AN INDIVIDUAL IN
 LAWFUL POSSESSION OF A DEVICE THAT WILL SILENCE, SUPPRESS, OR MUFFLE THE
 SOUND OR NATURAL REPORT OF A FIREARM WHEN THE FIREARM IS DISCHARGED  MAY
 USE  SUCH  DEVICE TO HUNT ANY GAME FOR WHICH THE INDIVIDUAL IS LICENSED,
 PROVIDED THE HOST FIREARM TO WHICH THE DEVICE IS ATTACHED IS ALLOWED; or
   § 4. This act shall take effect immediately.

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Senate Bill S3196

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2021-S3196 (ACTIVE) - Details

2021-S3196 (ACTIVE) - Summary

2021-S3196 (ACTIVE) - Sponsor Memo

2021-S3196 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3196

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Sponsored By

Robert G. Ortt

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2021-S3196 (ACTIVE) - Details

2021-S3196 (ACTIVE) - Summary

2021-S3196 (ACTIVE) - Sponsor Memo

2021-S3196 (ACTIVE) - Bill Text download pdf

Comments