NY State Senate Bill 2025-S4277

Current 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
Feb 03, 2025	referred to codes

2025-S4277 (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 §236, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7609
2015-2016: S2050
2017-2018: S3659, S7067
2019-2020: S2437
2021-2022: S2892
2023-2024: S2978

2025-S4277 (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.

2025-S4277 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4277

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the penal law and the executive law, in relation to
banning 50 caliber weapons

 
PURPOSE OR GENERAL IDEA OF BILL:

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 is 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. Paragraph (c) provides an exemption from the definition
in paragraph (a) above for: (i) any weapon rendered permanently inopera-
ble;(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 registered. All registered owners will be subject to a review of
disqualifiers by the State Police.  Qualified retired New York or feder-
al 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 prosecution 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 manufacturer 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 destroy military and civilian infrastructure could cause consider-
able 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 predecessors. 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-caliber rifles which are too high powered to be useful for any usual
lawful purposes, like home protection, self-defense, or hunting.

 
PRIOR LEGISLATIVE HISTORY:

2024:S2978(Kavanagh)-REFERRED TO CODES

2023:S2978(Kavanagh)-REFERRED TO CODES

2022:S2892(Kavanagh)-REFERRED TO CODES

2021:S2892(Kavanagh)-REFERRED TO CODES

2020:S2437(Kavanagh) -REFERRED TO CODES

2019:S2437(Kavanagh) -REFERRED TO CODES

2018:S7067(Kavanagh)-REFERRED TO CODES

2017:S3659(Squadron)-REFERRED TO CODES /S7067(Kavanagh)REFERRED TO CODES

2016:S2050A(Squadron)- REFERRED TO CODES

2015:S2050A(Squadron)- DEFEATED IN CODES

2014:S7609(Squadron)-REFERRED TO CODES /A3322A(Kavanagh)- referred to
codes

2013:A3322(Kavanagh) -referred to codes

 
FISCAL IMPLICATIONS:

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.

2025-S4277 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4277
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 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 37 to read as follows:
   37. "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.
                                                            LBD08137-01-5

 S. 4277                             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 TWENTY-ONE
 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 TWENTY-ONE 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 21 and 22 to read as follows:
   21. REGISTRATION OF 50 CALIBER WEAPONS.   (A) AN  OWNER  OF  A  WEAPON
 DEFINED  IN  PARAGRAPH (B) OF SUBDIVISION THIRTY-SEVEN OF SECTION 265.00
 OF THIS CHAPTER, POSSESSED BEFORE THE EFFECTIVE DATE  OF  THIS  SUBDIVI-
 SION,  MUST  MAKE AN APPLICATION TO REGISTER SUCH WEAPON WITH THE SUPER-
 INTENDENT 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-SEVEN OF
 SECTION 265.00 OF THIS CHAPTER TRANSFERRED INTO THE STATE MAY BE  REGIS-
 TERED  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 PARAGRAPH (C) OF SUBDIVISION THIRTY-SEVEN 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
 REGISTRATION 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 RECERTIFY TO THE DIVISION OF STATE POLICE  EVERY  FIVE
 S. 4277                             3
 
 YEARS  THEREAFTER.  FAILURE TO RECERTIFY SHALL RESULT IN A REVOCATION OF
 SUCH REGISTRATION.
   (B)  NOTWITHSTANDING  ANY  INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF
 THIS SUBDIVISION, AN OWNER OF A 50 CALIBER WEAPON AS DEFINED IN SUBDIVI-
 SION THIRTY-SEVEN 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 SUCH OFFICER'S OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER
 WAS  QUALIFIED  BY  THE  AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE
 MONTHS PRIOR TO SUCH OFFICER'S 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.
   22.  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 211 of the laws of 2022, 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
 S. 4277                             4
 
 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-
 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; OR (G) any other weapon that is  not
 otherwise defined in this section containing any component that provides
 housing  or  a  structure designed to hold or integrate any fire control
 component that is designed to or may readily be  converted  to  expel  a
 projectile  by  action of explosive. 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  amended by chapter 481 of the laws of 2024,
 subdivision 3 as amended by chapter 130 of the laws of 2019, and  subdi-
 vision  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, throwing 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, throwing 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.
 S. 4277                             5
 
   § 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
 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-SEVEN OF SECTION 265.00
 OF THIS ARTICLE.
   § 10. The executive law is amended by adding a new section 236 to read
 as follows:
   § 236. 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 SUCH DEALER'S POSSESSION A NEW 50
 CALIBER WEAPON SHALL BE ENTITLED TO RETURN SUCH WEAPON TO THE  DISTRIBU-
 TOR  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
 SUCH ATTORNEY GENERAL 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  SUCH  DEALER'S
 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 S4277

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2025-S4277 (ACTIVE) - Details

2025-S4277 (ACTIVE) - Summary

2025-S4277 (ACTIVE) - Sponsor Memo

2025-S4277 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4277

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Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Codes Committee

2025-S4277 (ACTIVE) - Details

2025-S4277 (ACTIVE) - Summary

2025-S4277 (ACTIVE) - Sponsor Memo

2025-S4277 (ACTIVE) - Bill Text download pdf

Comments