Senate Bill S202A

2013-2014 Legislative Session

Provides for banning the possession, sale or manufacture of assault weapons, subject to an exception; expands duties of superintendent of state police; repealer

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Jan 09, 2013	print number 202a
Jan 09, 2013	amend and recommit to codes referred to codes

Bill Amendments

Original

A (Active)

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2013-S202 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §265.00 sub 22, amd §§265.00 & 265.20, Pen L; amd §396-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4084
2011-2012: S1440

2013-S202 - Summary

Adds additional weapon models to the definition of an assault weapon and adds related definitions; bans the possession, sale or manufacture of assault weapons, subject to an exception; expands the duties of the superintendent of state police with respect to identifying assault weapons.

2013-S202 - Sponsor Memo

                                BILL NUMBER:S202

TITLE OF BILL:
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

PURPOSE:
To expand and improve New York State's ban on military-style assault
weapons.

SUMMARY OF PROVISIONS:
Section 2 repeals Subdivision 22 of section 265.00 of the penal law
and a new subdivision 22 is added that expands and clarifies the
characteristics of what constitutes an "assault weapon" and also adds
conversion kits, for converting a firearm into an assault weapon, to
the list of banned items.
Section 3 amends Section 265.00 of the penal law by adding four new
subdivisions defining "detachable magazine", "muzzle break", "muzzle
compensator" and "fixed magazine".
Section 4 amends Section 265.20 of the penal law by adding a new
subdivision e that provides exemptions for persons who own a weapon
lawfully possessed before July first two thousand fifteen and who

render the assault weapon permanently inoperable or surrender the
assault weapon as provided for in subparagraph (f) of paragraph one
of subdivision a of Section 265.20 of the penal law or register the
assault weapon as provided for in Section three hundred ninety-six-ff
of the general business law.
Section 5 adds a new section 396-ff to the general business law that
provides for the promulgation of rules and regulations by the
division of state police for the addition of information identifying
assault weapons lawfully possessed prior to January first two
thousand fifteen to the databank established by this section.

EXISTING LAW:
Current law bans a number of specific weapons and their· copies and
semiautomatic pistols and rifles with a detachable ammunition
magazine and two or more military style features. Specific banned
weapons include AK-47s, Uzis, Tec-9s, and Street Sweepers.

JUSTIFICATION:
This proposal will significantly strengthen New York State's current
law prohibiting the sale, possession and use of military-style
assault weapons,
particularly in light of the expiration of the 1994 federal law
banning such weapons.

The gun industry has worked to evade the recently expired federal
assault weapon ban by making insignificant, mostly cosmetic, changes
in the design of banned assault weapons and then marketing them as
"post ban" guns. In 2002, the Washington, D.C. area snipers used a
Bushmaster "post-ban" AR-15-style assault rifle in a killing spree
that left 10 dead and three wounded. At the same time, new assault


weapons have come onto the marketplace, such as the Hi-Point Carbine
used in the 1999 Columbine massacre.

Assault weapons, both pre- and post-ban guns, continue to pose a
serious threat to the police and public throughout the united States.
According to FBI data, assault weapons were used to kill one out of
five law enforcement officers slain in the line of duty from 1998
through 2001.
Assault weapons have been used in some of the most notorious mass
shootings since the federal ban was enacted in 1994, including the
1997 shooting at the Caltrans Maintenance Yard in Orange, California,
where four were killed and two were wounded (AK-47 assault rifle),
the Columbine High School massacre in 1999 that left 13 dead and 23
wounded (TEC-DC9 assault pistol and Hi-Point Carbine), the 2000
shooting at the Edgewater Technology office in Wakefield,
Massachusetts, that left seven dead (AK-47 assault rifle) and, the
2001 shooting at Navistar International Corporation in which four
were killed and four wounded (SKS assault rifle).

New York State's assault weapon ban law works. It has made the streets
of New York State safer. An improved assault weapon ban will provide
even more protection for New Yorkers, especially the men and women of
the law enforcement community.

LEGISLATIVE HISTORY:
2010:S.4084/A.6294 Referred to Codes
2008: Referred to Codes
2007: Referred to Codes

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Takes effect July 1, 2015.

2013-S202 - Bill Text download pdf

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

                                   202

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD00271-01-3

S. 202                              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 RIFLE THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
  (I) A PISTOL GRIP OR THUMBHOLE STOCK;
  (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, 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, A THUMBHOLE STOCK 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; 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 NOT
PARTICULARLY SUITABLE FOR SPORTING PURPOSES.  IN  ADDITION,  THE  SUPER-
INTENDENT  OF  STATE  POLICE  SHALL, BY RULES AND REGULATIONS, DESIGNATE
SPECIFIC SEMI-AUTOMATIC CENTERFIRE OR RIMFIRE RIFLES  OR  SEMI-AUTOMATIC
SHOTGUNS,  IDENTIFIED  BY  MAKE,  MODEL,  AND MANUFACTURER'S NAME, TO BE
WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTENDENT OF  STATE
POLICE  DETERMINES  THAT  SUCH WEAPONS ARE NOT PARTICULARLY SUITABLE FOR
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  four  new
subdivisions 24, 25, 26 and 27 to read as follows:

S. 202                              3

  24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE THAT CAN
BE  INSERTED  INTO  A  FIREARM  INCLUDING ANY FEEDING DEVICE THAT CAN BE
LOADED OR UNLOADED WHILE DETACHED FROM THE FIREARM.
  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.
  27.  "FIXED MAGAZINE" MEANS AN AMMUNITION FEEDING DEVICE CONTAINED IN,
OR PERMANENTLY ATTACHED TO, A FIREARM IN SUCH A MANNER THAT  THE  DEVICE
CANNOT BE REMOVED WITHOUT DISASSEMBLY OF THE FIREARM ACTION.
  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 FIFTEEN AND WHO, PRIOR  TO
OCTOBER FIRST, TWO THOUSAND FIFTEEN:
  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 SECTION THREE
HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW.
  S 5. The general business law is amended by adding a new section  396-
ff to read as follows:
  S  396-FF.  RULES AND REGULATIONS.  THE DIVISION OF STATE POLICE SHALL
NO LATER THAN JULY FIRST, TWO THOUSAND  FIFTEEN,  PROMULGATE  RULES  AND
REGULATIONS  FOR THE ADDITION OF INFORMATION IDENTIFYING ASSAULT WEAPONS
LAWFULLY POSSESSED PRIOR TO JANUARY FIRST, TWO THOUSAND FIFTEEN  TO  THE
DATABANK  ESTABLISHED BY THIS SECTION. SUCH RULES AND REGULATIONS SHALL,
AT A MINIMUM, SPECIFY PROCEDURES BY WHICH THE OWNER OF AN ASSAULT WEAPON
LAWFULLY POSSESSED PRIOR TO JULY  FIRST,  TWO  THOUSAND  FIFTEEN  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 CERTIF-
ICATE  PROVING  THAT A BACKGROUND 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  IDENTIFICA-
TION  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, 2015; 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.

co-Sponsors

View additional co-sponsors

2013-S202A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §265.00 sub 22, amd §§265.00 & 265.20, Pen L; amd §396-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4084
2011-2012: S1440

2013-S202A (ACTIVE) - Summary

2013-S202A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S202A

TITLE  OF BILL:   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

PURPOSE:  To expand and improve New York State's ban  on  military-style
assault weapons.

SUMMARY OF PROVISIONS:

Section  2 repeals Subdivision 22 of section 265.00 of the penal law and
a new subdivision 22 is added that expands and clarifies the  character-
istics  of what constitutes an "assault weapon" and also adds conversion
kits, for converting a firearm into an assault weapon, to  the  list  of
banned items.

Section  3  amends  Section  265.00  of the penal law by adding four new
subdivisions defining "detachable  magazine",  "muzzle  break",  "muzzle
compensator" and "fixed magazine".

Section  4 amends Section 265.20 of the penal law by adding a new subdi-
vision e that provides exemptions for persons who own a weapon  lawfully
possessed  before  July  first  two thousand thirteen and who render the
assault weapon permanently inoperable or surrender the assault weapon as

provided for in subparagraph (f)  paragraph  one  of  subdivision  a  of
Section  265.20  of  the  penal  law  or  register the assault weapon as
provided for in Section three hundred ninety-six-ff of the general busi-
ness law.

Section 5 adds a new section 396-ff to the  general  business  law  that
provides  for  the promulgation of rules and regulations by the division
of state police for the  addition  of  information  identifying  assault
weapons  lawfully possessed prior to January first two thousand thirteen
to the databank established by this section.

EXISTING LAW:; Current law tans a number of specific weapons  and  their
copies and semiautomatic pistols and rifles with a detachable ammunition
magazine  and two or more military style features. Specific banned weap-
ons include AE-47s, Uris, Tec-9s, and Street Sweepers.

JUSTIFICATION:   This proposal will significantly  strengthen  New  York
State's current law prohibiting the sale, possession and use of militar-
y-style  assault weapons, particularly in light of the expiration of the
1994 federal law banning such weapons.

The gun industry has  worked  to  evade  the  recently  expired  federal
assault  weapon ban by making insignificant, mostly cosmetic, changes in
the design of banned assault weapons and then marketing them  as  "post-
ban" guns. In 2002, the Washington, D.C. area snipers used a Bushmaster.
"post-ban"  AR-15-style  assault  rifle  in a killing spree that left 10

dead and three wounded. At the same time, new assault weapons have  come
onto  the  marketplace,  such  as the Hi-Point. Carbine used in the 1999
Columbine massacre.

Assault weapons, both pre- and post-ban guns, continue to pose a serious
threat to the police and public throughout the United States.  According
to  FBI  data,  assault  weapons  were  used to kill one out of five law
enforcement officers slain in the line of duty from 1998  through  2001.
Assault weapons have been used in some of the most notorious mass shoot-
ings  since  the  federal  ban  was  enacted in 1994, including the 1997
shooting at the Caltrans Maintenance Yard in Orange,  California,  where
four  were killed and two were wounded (AK-47 assault rifle), the Colum-
bine High School massacre in 1999 that  left  13  dead  and  23  wounded
(TSC-DC9  assault pistol and Hi-Point Carbine), the 2000 shooting at the
Edgewater Technology office in Wakefield, Massachusetts, that left seven
dead (AK-47 assault rifle) and, the 2001 shooting at  Navistar  Interna-
tional  Corporation  in  which  four  were  killed and four wounded (SKS
assault rifle).

New York State's assault weapon ban law works. It has made  the  streets
of  New  York  State  safer. An improved assault weapon ban will provide
even more protection for New Yorkers, especially the men  and  women  of
the law enforcement community.

LEGISLATIVE  HISTORY:  2012 - S.1440-A Referred to Codes 2011 - S.1440-A
Referred to Codes 2010 - S.4084/4.6294 Referred to Codes 2008 - Referred
to Codes 2007 - Referred to Codes

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:  Takes effect July 1, 2013.

2013-S202A (ACTIVE) - Bill Text download pdf

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

                                 202--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. SQUADRON, AVELLA, BRESLIN, DIAZ, GIANARIS, KRUEGER,
  SERRANO, STAVISKY -- 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 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

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

                                                           LBD00271-03-3

S. 202--A                           2

assault weapon. The availability of military-style assault weapons poses
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 RIFLE THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
  (I) A PISTOL GRIP OR THUMBHOLE STOCK;
  (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, 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, A THUMBHOLE STOCK 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; 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 NOT
PARTICULARLY SUITABLE FOR SPORTING PURPOSES.  IN  ADDITION,  THE  SUPER-
INTENDENT  OF  STATE  POLICE  SHALL, BY RULES AND REGULATIONS, DESIGNATE
SPECIFIC SEMI-AUTOMATIC CENTERFIRE OR RIMFIRE RIFLES  OR  SEMI-AUTOMATIC
SHOTGUNS,  IDENTIFIED  BY  MAKE,  MODEL,  AND MANUFACTURER'S NAME, TO BE
WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTENDENT OF  STATE
POLICE  DETERMINES  THAT  SUCH WEAPONS ARE NOT PARTICULARLY SUITABLE FOR
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. 202--A                           3

  S 3. Section 265.00 of the penal law is amended  by  adding  four  new
subdivisions 24, 25, 26 and 27 to read as follows:
  24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE THAT CAN
BE  INSERTED  INTO  A  FIREARM  INCLUDING ANY FEEDING DEVICE THAT CAN BE
LOADED OR UNLOADED WHILE DETACHED FROM THE FIREARM.
  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.
  27. "FIXED MAGAZINE" MEANS AN AMMUNITION FEEDING DEVICE CONTAINED  IN,
OR  PERMANENTLY  ATTACHED TO, A FIREARM IN SUCH A MANNER THAT THE DEVICE
CANNOT BE REMOVED WITHOUT DISASSEMBLY OF THE FIREARM ACTION.
  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 THIRTEEN AND WHO, PRIOR TO
OCTOBER 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 SECTION THREE
HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW.
  S 5. The general business law is amended by adding a new section  396-
ff to read as follows:
  S  396-FF.  RULES AND REGULATIONS.  THE DIVISION OF STATE POLICE SHALL
NO LATER THAN JULY 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 PROCEDURES BY WHICH THE OWNER OF AN ASSAULT WEAPON
LAWFULLY POSSESSED PRIOR TO JULY 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 CERTIF-
ICATE  PROVING  THAT A BACKGROUND 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  IDENTIFICA-
TION  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, 2013; 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.

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