senate Bill S1714

Increases the penalties for knowingly possessing a large capacity ammunition feeding device; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Increases the penalties for knowingly possessing a large capacity ammunition feeding device.

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Bill Details

Versions:
S1714
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §265.02 sub 8, amd §§265.03, 265.10 & 265.11, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
A4894, S4534

Sponsor Memo

BILL NUMBER:S1714

TITLE OF BILL:
An act
to amend the penal law, in relation to increasing penalties for the sale
and possession of weapons; and to repeal certain provisions of law
relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
To create an effective deterrent from possessing or selling automatic
rifles, machine guns, and high capacity magazines. This bill will
increase the penalties for the possession, manufacturing, the
disposition, and the sale of assault rifles, machine guns, and high
capacity magazines to a class C felony.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1:

Subdivision 8 of section 265.02 of the penal law is repealed.

Section 2: Amends section 265.03 of the penal law and a new
subdivision 4 is added to make possession of a large capacity
ammunition feeding devices a class C felony.

Section 3: Amends subdivisions 1,2,3,and 6 of section 265.10 of the
penal law, increasing penalties for the manufacturing, transport,
disposition of such firearms to a class C felony from a class D felony.

Section 4; Amends section 265.11 of the penal law to increase the
penalty to a class C felony from a class D felony for the criminal
sale of such firearms.

Section 5: this act shall take effect ninety days after it shall
become law.

JUSTIFICATION:
Gun violence claims the lives of 34 people every day. machine guns,
assault rifles, and high capacity magazines are not for hunting and
have no legitimate purpose in a civil society. The only motivation
for possessing these killing devices is malicious. This legislation
will create an enhanced deterrent, making those who buy weapons out
of New York State think twice about crossing the borders into New
York in possession of one of these firearms or in possession of high
capacity magazines.

PRIOR LEGISLATIVE HISTORY: New Legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect ninety
days after it shall become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1714

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. ESPAILLAT, AVELLA, KRUEGER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

AN  ACT  to amend the penal law, in relation to increasing penalties for
  the sale and possession of weapons; and to repeal  certain  provisions
  of law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8  of  section  265.02  of  the  penal  law  is
REPEALED.
  S  2.  Subdivision 3 of section 265.03 of the penal law, as amended by
chapter 745 of the laws of 2006, is amended and a new subdivision  4  is
added to read as follows:
  (3)  such  person  possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven of section 265.02 of
this article,  constitute  a  violation  of  this  subdivision  if  such
possession takes place in such person's home or place of business[.]; OR
  (4) SUCH PERSON POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE.
  S  3.  Subdivisions 1, 2, 3, and 6 of section 265.10 of the penal law,
subdivisions 1 and 2 as amended by chapter 257 of the laws of  2008  and
subdivisions  3 and 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, large capacity ammunition feeding device or
disguised gun is guilty of a class [D] C felony. Any person who manufac-
tures or causes to be manufactured any switchblade knife, gravity knife,
pilum  ballistic knife, metal knuckle 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  or  large  capacity  ammunition  feeding device or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05301-01-3

S. 1714                             2

disguised gun, or who transports or ships as merchandise  five  or  more
firearms,  is  guilty of a class [D] C felony. Any person who transports
or ships as merchandise any  firearm,  other  than  an  assault  weapon,
switchblade   knife,   gravity  knife,  pilum  ballistic  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, large
capacity ammunition feeding device or firearm silencer is  guilty  of  a
class  [D]  C  felony. Any person who knowingly buys, receives, disposes
of, or conceals a machine-gun, firearm, large capacity ammunition  feed-
ing  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,  firearm,  large  capacity  ammunition
feeding device, rifle or shotgun is guilty of a class [D] C felony.
  6.  Any  person  who  wilfully defaces any machine-gun, large capacity
ammunition feeding device or firearm is guilty of a class [D] C felony.
  S 4. The closing paragraph of section 265.11  of  the  penal  law,  as
amended  by  chapter  764  of  the  laws  of 2005, is amended to read as
follows:
  Criminal sale of a firearm in the third degree is a class [D] C  felo-
ny.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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