S T A T E O F N E W Y O R K
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9229--A
I N S E N A T E
May 12, 2022
___________
Introduced by Sens. HOYLMAN, KENNEDY, LIU -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to the definition of large
capacity ammunition feeding device for purposes of the offense of
criminal possession of a weapon in the third degree; and to repeal
section 265.36 of the penal law relating to unlawful possession of a
large capacity ammunition feeding device
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, as added by chapter 1 of the laws of 2013, is amended to read
as follows:
(h) Any weapon defined in paragraph (e) or (f) of this subdivision
[and any large capacity ammunition feeding device that was legally
possessed by an individual prior to the enactment of the chapter of the
laws of two thousand thirteen which added this paragraph,] 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 [or large capacity ammunition device] 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 such large capacity ammunition feeding device, the possession of
which is made illegal by the chapter of the laws of two thousand thir-
teen which added this paragraph, is transferred within one year of the
effective date of the chapter of the laws of two thousand thirteen which
added this paragraph].
§ 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15596-04-2
S. 9229--A 2
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. 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. Section 265.36 of the penal law is REPEALED.
§ 5. The division of criminal justice services in conjunction with
the state police shall create an awareness and notification program to
make people aware of the change in the law regarding the possession of
large capacity ammunition feeding devices and shall issue guidance
regarding the surrender of such devices. Nothing shall preclude the
utilization of any buy back programs to facilitate compliance with such
changes.
§ 6. This act shall take effect immediately; provided however that
sections one, two, and three of this act shall take effect on the thir-
tieth day after it shall have become a law; and provided further, that
section four of this act shall take effect on the ninetieth day after it
shall have become a law.
