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

                                  6108

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2011
                               ___________

Introduced  by  M. of A. TITONE, COOK, PEOPLES-STOKES, KAVANAGH, SCHIMEL
  -- Multi-Sponsored by -- M. of A. BOYLAND,  GLICK,  GOTTFRIED,  MAYER-
  SOHN, PERRY, TOWNS -- 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
a serious threat to the public health and safety. Most citizens, includ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08066-01-1

              

A. 6108                             2

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 OR TELESCOPING 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 OR TELESCOPING 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 OR TELESCOPING 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;
  (F) GRENADE LAUNCHER;
  (G) 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; OR
  (H) 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 SEMIAUTOMATIC CENTERFIRE OR  RIMFIRE  RIFLES
OR  SEMIAUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL AND MANUFACTURER'S
NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE  SUPERINTEN-
DENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY SUIT-
ABLE  FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAPONS,
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. 6108                             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 JANUARY FIRST, TWO THOUSAND THIRTEEN AND WHO, PRIOR
TO APRIL FIRST, TWO THOUSAND THIRTEEN:
  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 JANUARY FIRST,
TWO THOUSAND THIRTEEN, PROMULGATE RULES AND REGULATIONS FOR THE ADDITION
OF INFORMATION IDENTIFYING ASSAULT WEAPONS LAWFULLY POSSESSED  PRIOR  TO
JANUARY FIRST, TWO THOUSAND THIRTEEN 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  JANUARY FIRST, TWO THOUSAND THIRTEEN 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 January 1, 2013.