senate Bill S1813

Relates to possession and sale of armor piercing ammunition; repealer

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

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

Summary

Makes possession and sale of armor piercing ammunition a class B felony; includes exchanging and disposing of armor piercing ammunition.

do you support this bill?

Bill Details

Versions:
S1813
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §265.01 sub 8, amd §§265.04 & 265.13, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6264

Sponsor Memo

BILL NUMBER:S1813

TITLE OF BILL: An act to amend the penal law, in relation to possession
and sale of armor piercing ammunition; and to repeal certain provisions
of the penal law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: Makes the unlawful sells, exchanges,
gives or disposals of, to another person or persons armor piercing ammu-
nition a class B felony, as well as makes position of armor piercing
ammunition a class B felony.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill repeals subdivision 8 of section 265.01 of the
penal law which makes it a class A misdemeanor to possess any armor
Piercing ammunition with intent to use the same unlawfully ammunition
against another.

Section 2 of the bill amends section 268.04 of the code by adding a
third subdivision which makes possession of armor piercing ammunition a
criminal possession of a weapon in the first degree which is a class B
felony.

Section 3 of the bill amends section 268.13 of the penal law by adding a
third subdivision which makes the unlawful sells, exchanges, gives or
disposals of, to another person or persons armor piercing ammunition a
criminal sale of a firearm in the first degree which is a class B felo-
ny.

JUSTIFICATION: Following the attempted assassination of former presi-
dent Ronald Regan and the shooting of Press Secretary James Brady, the
possession of a bullet "containing an explosive substance designed to
detonate upon impact" was criminalized (§268.01(7)). In addition, in
1985 the possession, with intent, of "armor piercing ammunition" (as
defined in §265.00(18)) or the commonly know "COP killer" bullet was
criminalized. However, the qualification of intent did not render
possession unlawful.

Possession of "armor Piercing ammunition" does not reasonably infer any
use other than to pierce the body armor worn by law enforcement repre-
sentatives or to cause irreparable damage to the victim of a wound
inflicted by the application of this type of ammunition. Consequently,
Possession can be inferred to be for an unlawful purpose.

This bill would make possession of devastating armor piercing rounds a
class 3 felony instead of a class A misdemeanor as well as make the sale
of such rounds a class B felony. Making it a more serious crime to
Possess these rounds which are used for destructive means and pose a
grave danger to the lives of all New Yorkers and the police officers who
protect them.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect 180 days after it shall
become law.

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

                                  1813

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. ESPAILLAT, ADAMS, KLEIN, KRUEGER, PARKER, STAVISKY
  -- 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  possession  and  sale  of
  armor  piercing  ammunition;  and  to repeal certain provisions of the
  penal 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  265.01  of  the penal law is
REPEALED.
  S 2. Subdivision 2 of section 265.04 of the penal law, as  amended  by
chapter  764  of the laws of 2005, is amended and a new subdivision 3 is
added to read as follows:
  (2) possesses ten or more firearms[.]; OR
  (3) POSSESSES ARMOR PIERCING AMMUNITION.
  S 3. Subdivision 2 of section 265.13 of the penal law, as  amended  by
chapter  764  of the laws of 2005, is amended and a new subdivision 3 is
added to read as follows:
  (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
person  or  persons  a  total of ten or more firearms in a period of not
more than one year[.]; OR
  (3) UNLAWFULLY SELLS, EXCHANGES,  GIVES  OR  DISPOSES  OF  TO  ANOTHER
PERSON OR PERSONS ARMOR PIERCING AMMUNITION.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05332-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.