S T A T E   O F   N E W   Y O R K
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                                  4894

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced by M. of A. LAVINE -- read once and referred 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REPEALED.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
disguised gun, or who transports or ships as merchandise  five  or  more

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08120-01-1
              

A. 4894                             2

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 ninety days after it shall become law.