senate Bill S4039A

Exempts off-duty police officers and peace officers and retired police officers and peace officers from provisions pertaining to large capacity ammunition feeding devices

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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

  • 05 / Mar / 2013
    • REFERRED TO CODES
  • 11 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO CODES
  • 11 / Mar / 2013
    • PRINT NUMBER 4039A

Summary

Exempts off-duty police officers and peace officers and retired police officers and peace officers from provisions pertaining to large capacity ammunition feeding devices.

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Bill Details

Versions:
S4039
S4039A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S7139A

Sponsor Memo

BILL NUMBER:S4039A

TITLE OF BILL: An act to amend the penal law, in relation to
exemptions pertaining to large capacity ammunition feeding devices and
off-duty and retired police officers and peace officers

PURPOSE: To ensure the right of off-duty and retired police officers
and peace officers to retain possession of their weapons, including
large capacity ammunition feeding devices with more than seven rounds
of ammunition.

SUMMARY OF PROVISIONS: This bill seeks to ensure that provisions of
the Safe Act do not repeal the rights of off-duty and retired police
officers and peace officers ( as defined in subdivision 34 of section
1.20 of the criminal procedure law and section 2.10, respectively) to
possess and carry large capacity ammunition feeding devices with more
than seven rounds of bullets.

EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would not leave to interpretation provisions of the Safe Act
that might adversely impact the rights of off-duty and retired police
and peace officers to carry high capacity ammunition feeding devices
with more than seven rounds of ammunition.

JUSTIFICATION:

A number of incidents against off-duty law enforcement officers have
resulted in fatalities or permanent injuries. Technology and social
media have made the location individuals more accessible and as a
consequence more vulnerable to potential attacks. While the Safe Act
seeks to ensure that weapons more suitable for warfare are taken off
the street, and that in depth checks are conducted to ensure that that
the law abiding, responsible and mentally stable have legal access to
certain weapons, it cannot be denied that the availability of certain
high capacity weaponry will still be available to the criminal element
in our society, making law enforcement officers vulnerable to attack.
The playing field needs to be equal between law enforcement and the
criminals.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATION:

NA

EFFECTIVE DATE:

§2. This act shall take effect on the same date and in the same manner
as paragraphs (b) and (c) of subdivision 23 of section 265.00 of the
penal law, as amended by section 38 of chapter 1 of the laws of 2013,
takes effect.


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

                                 4039--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 exemptions pertaining to
  large capacity ammunition feeding devices  and  off-duty  and  retired
  police officers and peace officers

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

  Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 11-a to read as follows:
  11-A. POSSESSION OF A LARGE CAPACITY AMMUNITION  FEEDING  DEVICE  THAT
CONTAINS  MORE  THAN SEVEN ROUNDS OF AMMUNITION OR IS OBTAINED AFTER THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
ADDED THIS PARAGRAPH AND HAS A CAPACITY  OF,  OR  THAT  CAN  BE  READILY
RESTORED  OR  CONVERTED TO ACCEPT, MORE THAN SEVEN ROUNDS OF AMMUNITION,
BY AN OFF-DUTY POLICE OFFICER OR PEACE  OFFICER,  OR  A  RETIRED  POLICE
OFFICER  OR PEACE OFFICER, AS "POLICE OFFICER" IS DEFINED IN SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW  AND  "PEACE
OFFICER" IS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as paragraphs (b) and (c) of subdivision 23 of section 265.00  of
the  penal  law,  as  amended  by section 38 of chapter 1 of the laws of
2013, take effect.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08618-03-3

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