S T A T E O F N E W Y O R K
________________________________________________________________________
6294
2009-2010 Regular Sessions
I N A S S E M B L Y
February 27, 2009
___________
Introduced by M. of A. ROSENTHAL, SCHIMEL, BING, GOTTFRIED, CAMARA,
DINOWITZ, JAFFEE, ROBINSON, HOOPER, KELLNER -- Multi-Sponsored by --
M. of A. BOYLAND, BROOK-KRASNY, COLTON, DIAZ, GLICK, MAISEL, PEOPLES,
PERRY, PHEFFER, WEISENBERG -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the general business law, in relation
to banning the possession, sale or manufacture of assault weapons; and
to repeal subdivision 22 of section 265.00 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. The New York state legislature finds that semi-automatic
assault weapons are military-style guns designed to allow rapid and
accurate spray firing for the quick and efficient killing of humans. The
shooter can simply point - as opposed to carefully aim - the weapon to
quickly spray a wide area with a hail of bullets. Gun manufacturers have
for many years made, marketed and sold to civilians semi-automatic
versions of military assault weapons designed with features specifically
intended to increase lethality for military applications. As a result,
approximately 2,000,000 assault weapons are currently in circulation in
the United States. These weapons have been the weapon of choice in the
most notorious mass shootings of innocent civilians in the United
States, including the 1999 massacre at Columbine High School (TEC-DC9
assault pistol and Hi-Point Carbine) and the 2002 Washington, D.C.-area
sniper shootings (Bushmaster XM15 assault rifle). According to FBI data,
between 1998 and 2001, one in five law enforcement officers slain in the
line of duty was killed with an assault weapon. In 2003, New York lost
two of its finest when undercover officers in the elite Firearms Inves-
tigation Unit of the NYPD Organized Crime Control Bureau were brutally
murdered while attempting to purchase an illegal TEC-9 semi-automatic
assault weapon. The availability of military-style assault weapons poses
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02833-01-9
A. 6294 2
a serious threat to the public health and safety. Most citizens, includ-
ing most gun owners, believe that assault weapons should not be avail-
able for civilian use.
S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and
a new subdivision 22 is added to read as follows:
22. "ASSAULT WEAPON" MEANS ANY:
(A) SEMI-AUTOMATIC OR PUMP-ACTION RIFLE THAT HAS THE CAPACITY TO
ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
(I) A PISTOL GRIP;
(II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(III) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
(IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
ENCLOSES THE BARREL; OR
(V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;
(B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE
WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN
ROUNDS OF AMMUNITION;
(C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
(I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
(III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
ENCLOSES THE BARREL;
(IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR
(V) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION
OUTSIDE OF THE PISTOL GRIP;
(D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:
(I) A PISTOL GRIP OR A VERTICAL HANDGRIP;
(II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
(III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR
(IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;
(E) SHOTGUN WITH A REVOLVING CYLINDER; OR
(F) CONVERSION KIT, PART, OR COMBINATION OF PARTS, FROM WHICH AN
ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR
UNDER THE CONTROL OF THE SAME PERSON.
(G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, DETERMINED BY
RULES AND REGULATIONS OF THE SUPERINTENDENT OF STATE POLICE TO BE
PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. IN ADDI-
TION, THE SUPERINTENDENT OF STATE POLICE SHALL, BY RULES AND REGU-
LATIONS, DESIGNATE SPECIFIC SEMI-AUTOMATIC CENTERFIRE OR RIMFIRE RIFLES
OR SEMI-AUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL, AND MANUFACTUR-
ER'S NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPER-
INTENDENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY
SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAP-
ONS, AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, SHALL BE MADE
AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC.
PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS
BEEN RENDERED PERMANENTLY INOPERABLE.
S 3. Section 265.00 of the penal law is amended by adding three new
subdivisions 24, 25 and 26 to read as follows:
A. 6294 3
24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE, THE
FUNCTION OF WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO
THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE FIREARM WITHOUT THE
USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE.
25. "MUZZLE BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON
THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL.
26. "MUZZLE COMPENSATOR" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A
WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT.
S 4. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
E. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY
CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED
GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL
USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE
TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED
SUCH WEAPON PRIOR TO JULY FIRST, TWO THOUSAND TEN AND WHO, PRIOR TO
OCTOBER FIRST, TWO THOUSAND TEN:
1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR
2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT
AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI-
SION A OF THIS SECTION; OR
3. REGISTERS THE ASSAULT WEAPON AS PROVIDED FOR IN SUBDIVISION SEVEN
OF SECTION THREE HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW.
S 5. Subdivision 7 of section 396-ff of the general business law is
renumbered subdivision 8 and a new subdivision 7 is added to read as
follows:
(7) THE DIVISION OF STATE POLICE SHALL NO LATER THAN JULY FIRST, TWO
THOUSAND TEN, PROMULGATE RULES AND REGULATIONS FOR THE ADDITION OF
INFORMATION IDENTIFYING ASSAULT WEAPONS LAWFULLY POSSESSED PRIOR TO
JANUARY FIRST, TWO THOUSAND TEN TO THE DATABANK ESTABLISHED BY THIS
SECTION. SUCH RULES AND REGULATIONS SHALL, AT A MINIMUM, SPECIFY PROCE-
DURES BY WHICH THE OWNER OF AN ASSAULT WEAPON LAWFULLY POSSESSED PRIOR
TO JULY FIRST, TWO THOUSAND TEN IS TO DELIVER AN ASSAULT WEAPON AND
VERIFICATION OF A BACKGROUND CHECK REQUIRED BY 18 USC S 922 TO THE
REGIONAL PROGRAM FOR TESTING AND PROMPT RETURN. UPON RECEIPT OF THE
SEALED CONTAINER AND INSPECTION OF A CERTIFICATE PROVING THAT A BACK-
GROUND CHECK HAS BEEN CONDUCTED AND THE OWNER IS NOT PROHIBITED FROM
POSSESSING A FIREARM, THE DIVISION OF STATE POLICE SHALL CAUSE TO BE
ENTERED IN THE AUTOMATED ELECTRONIC DATABANK PERTINENT DATA, INCLUDING
BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE SHELL CASING AND
TO THE ASSAULT WEAPON FROM WHICH IT WAS DISCHARGED, AND THE DATE AND
PLACE OF THE BACKGROUND CHECK AND THE NAME OF THE INDIVIDUAL WHO
CONDUCTED SUCH BACKGROUND CHECK.
S 6. Severability. If any provision or term of this act is for any
reason declared unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
or the effectiveness of the remaining portions of this act or any part
thereof.
S 7. This act shall take effect July 1, 2010; provided that the divi-
sion of state police is authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this act
on its effective date on or before such date.