S T A T E O F N E W Y O R K
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2379
2009-2010 Regular Sessions
I N S E N A T E
February 19, 2009
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Introduced by Sen. PADAVAN -- 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 the possession of armor
piercing, frangible or devastator ammunition
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 18 of section 265.00 of the penal law, as added
by chapter 646 of the laws of 1986, is amended to read as follows:
18. "Armor piercing ammunition" means any ammunition [capable of being
used in pistols or revolvers] containing a projectile or projectile
core[, or a projectile or projectile core for use in such ammunition,
that is] constructed entirely (excluding the presence of traces of other
substances) from one or a combination of any of the following: tungsten
alloys, steel, iron, brass, bronze, beryllium copper, [or] uranium,
CERAMICS, OR POLYMER PLASTICS AND CAPABLE OF BEING USED IN PISTOLS AND
REVOLVERS.
S 2. Section 265.00 of the penal law is amended by adding two new
subdivisions 24 and 25 to read as follows:
24. "FRANGIBLE AMMUNITION" MEANS ANY AMMUNITION WITH A PROJECTILE OR
PROJECTILE CORE COMPOSED OF HYBRID MATERIALS, EITHER PRESSED TOGETHER AT
HIGH PRESSURE OR GLUED TOGETHER WITH ADHESIVES, WHICH IS CAPABLE OF
BEING USED IN PISTOLS OR REVOLVERS AND IS DESIGNED TO FRACTURE OR DISIN-
TEGRATE UPON IMPACT.
25. "DEVASTATOR AMMUNITION" MEANS ANY AMMUNITION WITH A PROJECTILE OR
PROJECTILE CORE WHICH IS CAPABLE OF BEING USED IN PISTOLS OR REVOLVERS
AND DESIGNED TO EXPLODE OR DETONATE UPON IMPACT.
S 3. Subdivisions 7 and 8 of section 265.01 of the penal law, subdivi-
sion 7 as added by chapter 807 of the laws of 1981 and subdivision 8 as
added by chapter 646 of the laws of 1986, are amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02287-01-9
S. 2379 2
(7) He [knowingly] possesses [a bullet containing an explosive
substance designed to detonate upon impact] ANY DEVASTATOR AMMUNITION.
(8) He possesses any armor piercing ammunition [with intent to use the
same unlawfully against another] OR FRANGIBLE AMMUNITION.
S 4. Subdivision 8 of section 265.02 of the penal law, as amended by
chapter 764 of the laws of 2005, is amended and two new subdivisions 9
and 10 are added to read as follows:
(8) Such person possesses a large capacity ammunition feeding
device[.]; OR
(9) SUCH PERSON KNOWINGLY POSSESSES ANY DEVASTATOR AMMUNITION WITH THE
INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER PERSON OR HIS OR HER
PROPERTY; OR
(10) SUCH PERSON KNOWINGLY POSSESSES ANY ARMOR PIERCING AMMUNITION OR
FRANGIBLE AMMUNITION WITH INTENT TO USE THE SAME UNLAWFULLY AGAINST
ANOTHER.
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.