senate Bill S2028

2013-2014 Legislative Session

Bans the sale, use or possession of 50-caliber weapons

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 24, 2014 committee discharged and committed to rules
Feb 28, 2014 notice of committee consideration - requested
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

S2028 - Bill Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; add ยง231, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S86
2009-2010: S7854

S2028 - Bill Texts

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Bans the sale, use or possession of 50-caliber or larger weapons and directs the division of state police to embark on a program whereby persons currently in lawful possession of such weapons may be reimbursed for the fair market value thereof upon turning such weapons in to a designated officer.

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BILL NUMBER:S2028

TITLE OF BILL:
An act
to amend the penal law and the executive law, in relation to
banning the sale, possession or use of 50-caliber weapons

PURPOSE:
To ban the possession, sale, and use of 50-caliber weapons in New York
State.

SUMMARY OF PROVISIONS:

Section 1 presents legislative findings.

Sections 2 amends section 265.00 of the penal law to add references to
50-caliber weapons to certain definitions.

Section 3 defines 50-caliber weapons and excludes from definition any
muzzle loading rifle or shotgun with a rifled bore.

Section 4 amends subdivision 3 of section 265.02 of the penal law to
extend criminal possession of a weapon in the third degree to include
possession of a 50-caliber weapon.

Section 5 adds a new subdivision 4 to section 265.02 of the penal law
to extend criminal possession of a weapon in the third degree to
include possession of a 50-caliber weapon.

Section 6 amends section 265.03 of the penal law to include possession
of a 50-caliber weapon with intent to use the same - unlawfully
against another as criminal possession of a weapon in the second
degree.

Section 7 amends the penal law by adding two new sections, 265.45 and
265.46, which create the crimes of criminal use of a 50-caliber
weapon in the first and second degree and proscribe penalties
therefore.

Section 8 amends subdivision 2 of section 265.08 of the penal law to
add the display of a 50-caliber weapon during the commission of a
class C violent felony offense to the crime of criminal use of a
firearm in the second degree.

Section 9 amends paragraph (b) of subdivision 1 of section 265.09 of
the penal law to add the display of a 50-caliber weapon during the
commission of a class B violent felony offense to the crime of
criminal use of a firearm in the first degree.

Section 10 amends sections 2, 3, and 6 of section 265.10 of the penal
law to include the 50-caliber weapon among those weapons it is illegal
to transport, ship, dispose of, and deface with illicit purpose.

Section 11 amends subdivisions 1 and 5 of section 265.15 of the penal
law. Section 1 is amended to include 50-caliber-weapons among those
whose presence is presumptive evidence of possession by those
occupying the place where the weapon is found. Section 5 is amended
to include the presence of a defaced 50-caliber weapon as presumptive
evidence of the weapon's defacement by those occupying the place
where the weapon is found.

Section 12 amends paragraph 2 of subdivision a of section 265.20 of
the penal law to create exemptions for prison staff.

Section 13 amends paragraph 8 of subdivision a of section 265.20 of
the penal law to exempt the manufacture of 50-caliber weapons for the
use of law enforcement and prison staff.

Section 14 adds a new subdivision e to section 165.20 of the penal law
to further clarify the definition of a 50-caliber weapon.

Sections 15 to 19 amend sections 265.11-14 and 265.16 of the penal law
to create the crimes of criminal sale of a 50-caliber weapon in the
first, second, and third degrees, as well as criminal sale of a
50-caliber weapon with the aid of a minor and criminal sale of a
50-caliber weapon to a minor.

Sections 20-21 amend the opening paragraph of subdivision 1 of section
55.05 and paragraph (a) of subdivision 1 of section 55.10 of the
penal law to create exceptions to felony classifications.

Section 22 orders the state police to take such action as is necessary
to ensure compliance with this law and implements procedures to
assist individuals in becoming compliant.

Section 23 sets forth the bill's effective date.

JUSTIFICATION:
The 50-caliber weapon is one of the most dangerous weapons in the U.S.
military's arsenal and perhaps the most dangerous weapon legally
available in the state of New York. These rifles are designed to kill
human beings and disable machinery at distances of well over a mile.
Due to the large size of bullet used by these rifles and the high
velocity at which these bullets are fired, the rifle can be extremely
accurate at long range when handled by an experienced shooter.

Fifty-caliber weapons are readily available to civilians in gun stores
and through the internet, leading to thousands of rifles having been
sold throughout the country in the last two decades. It is exactly
the benefit of 50-caliber weapons to the military that make them such
a potentially dangerous weapon in the wrong hands. A weapon with the

capacity to kill a human at over a mile, pierce body and vehicle
armor, and destroy military and civilian infrastructure could cause
considerable destruction and havoc if wielded by an assassin or other
criminal or terrorist.

Alarmingly, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATP)
investigators have found that some of these weapons have ended up in
the hands of domestic and international terrorist organizations,
international drug traffickers, and violent criminals.

Despite their versatility in war, these rifles have limited lawful
purposes. They weigh between twenty and forty pounds and measure
almost five feet in length. They are too large and unwieldy for
effective home defense and too powerful and destructive for hunting.
This bill will ban the possession, sale and use of SO-caliber weapons
in order to protect our citizens and the law enforcement personnel
who risk their lives to keep us safe.

LEGISLATIVE HISTORY:
2012: S.86/A.5926 (Kavanagh) - Referred to Codes
2011: S.86/A.5926 (Kavanagh - Referred to Codes
2010: S.7854/A.9904 (Kavanagh) - Referred to Codes
2009: A.3211-A (Eddington) - Passed Assembly
2008: A.2772-A (Eddington) - Passed Assembly
2007: A.2772-A (Eddington) - Passed Assembly
2006: A.4471-A (Eddington) - Passed Assembly
2005: A.4471-A (Eddington) - Passed Assembly
2004: A.7039-A (Eddington) - Passed Assembly
2003: A.7039-A (Eddington) - Passed Assembly
2002: A.9452 (Matusow) - Passed Assembly

FISCAL IMPACT ON THE STATE:
Minimal costs associated with reimbursement.

EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that
sections one through twenty-one of this act shall take effect on the
thirtieth day after this act shall have become a law.

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

                                  2028

                       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  executive  law,  in  relation  to
  banning the sale, possession or use of 50-caliber weapons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declaration. The legislature here-
by finds and declares that  50-caliber  or  larger  weapons  having  the
capacity  for rapidly discharging ammunition have no acceptable purpose.
The legislature additionally finds and declares that such  weapons  pose
such  an  imminent  threat  and danger to the safety and security of the
people of this state that it is necessary to ban the possession and  use
of such weapons.
  S  2.  Subdivisions  8  and  9  of section 265.00 of the penal law, as
amended by chapter 189 of the laws of  2000,  are  amended  to  read  as
follows:
  8.  "Gunsmith"  means  any  person,  firm, partnership, corporation or
company who engages in the business of repairing, altering,  assembling,
manufacturing,   cleaning,  polishing,  engraving  or  trueing,  or  who
performs any mechanical operation on, any firearm, large capacity  ammu-
nition feeding device, 50-CALIBER WEAPON or machine-gun.
  9.  "Dealer  in  firearms" means any person, firm, partnership, corpo-
ration or company who engages in the business  of  purchasing,  selling,
keeping  for  sale, loaning, leasing, or in any manner disposing of, any
assault weapon, large capacity  ammunition  feeding  device,  50-CALIBER
WEAPON, pistol or revolver.
  S 3. Section 265.00 of the penal law is amended by adding a new subdi-
vision 24 to read as follows:
  24.  "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A CENTER-FIRE
CARTRIDGE IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY  OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03114-01-3

S. 2028                             2

VARIANT  OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF SUCH
CALIBER, PROVIDED, HOWEVER, THAT NOTHING IN THIS  SUBDIVISION  SHALL  BE
CONSTRUED  TO  INCLUDE ANY MUZZLE LOADING RIFLE OR SHOTGUN WITH A RIFLED
BORE.
  S  4.  Subdivision 3 of section 265.02 of the penal law, as amended by
chapter 764 of the laws of 2005, is amended to read as follows:
  (3) Such person knowingly possesses a machine-gun, A 50-CALIBER  WEAP-
ON,  firearm, 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, 50-CALIBER WEAPON, firearm,  rifle  or
shotgun; or
  S 5. Section 265.02 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
  (4) SUCH PERSON POSSESSES ANY 50-CALIBER WEAPON; OR
  S 6. Section 265.03 of the penal law, as amended by chapter 742 of the
laws  of  2006 and subdivisions 1 and 3 as amended by chapter 745 of the
laws of 2006, is amended to read as follows:
S 265.03 Criminal possession of a weapon in the second degree.
  A person is guilty of criminal possession of a weapon  in  the  second
degree when SUCH PERSON:
  (1)  [with  intent  to  use  the same unlawfully against another, such
person:
  (a)] possesses a machine-gun; or
  [(b)] (2) possesses a 50-CALIBER  WEAPON  OR  A  loaded  firearm  WITH
INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER; or
  [(c)] (3) possesses a disguised gun WITH INTENT TO USE THE SAME UNLAW-
FULLY AGAINST ANOTHER; or
  [(2) such person] (4) possesses five or more firearms; or
  [(3)]  (5)  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.
  Criminal possession of a weapon in the second  degree  is  a  class  C
felony.
  S  7.  The  penal law is amended by adding two new sections 265.45 and
265.46 to read as follows:
S 265.45 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF CRIMINAL USE OF A 50-CALIBER  WEAPON  IN  THE
SECOND  DEGREE WHEN HE OR SHE COMMITS ANY CLASS C VIOLENT FELONY OFFENSE
AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 70.02 OF  THIS
CHAPTER  AND  HE OR SHE USES A 50-CALIBER WEAPON, AS DEFINED IN SUBDIVI-
SION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE,  IF  THE  50-CALIBER
WEAPON  IS A LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READILY CAPABLE
OF PRODUCING DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN  A
PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND
DEGREE  AS  DEFINED  IN  SUBDIVISION ONE OF THIS SECTION THE COURT SHALL
IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF FIVE YEARS TO THE MINIMUM  TERM
OF  THE  INDETERMINATE  SENTENCE  OR  TERM  OF  THE DETERMINATE SENTENCE
IMPOSED ON THE UNDERLYING CLASS C VIOLENT FELONY CONVICTION.    NOTWITH-
STANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE AGGREGATE OF
THE FIVE YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS SUBDIVISION  AND
THE  MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE UNDERLYING
CLASS C VIOLENT FELONY CONVICTION SHALL  CONSTITUTE  THE  NEW  AGGREGATE
MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT SUBJECT TO SUCH TERM SHALL
BE  REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE

S. 2028                             3

ELIGIBLE FOR RELEASE ON PAROLE OR  OTHER  DISCRETIONARY  RELEASE  DURING
SUCH TERM.
S 265.46 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST DEGREE.
  1.  A  PERSON  IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE
FIRST DEGREE WHEN HE OR SHE COMMITS ANY CLASS A FELONY  OFFENSE  CONSTI-
TUTING  MURDER,  KIDNAPPING,  ARSON,  CONSPIRACY OR SALE OF A CONTROLLED
SUBSTANCE OR ATTEMPTS TO COMMIT ANY  SUCH  CLASS  A  FELONY  WHERE  SUCH
ATTEMPT ALSO CONSTITUTES A CLASS A FELONY, OR ANY CLASS B VIOLENT FELONY
OFFENSE  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.02
OF THIS CHAPTER AND HE OR SHE USES A 50-CALIBER WEAPON,  AS  DEFINED  IN
SUBDIVISION  TWENTY-FOUR  OF  SECTION  265.00  OF  THIS  ARTICLE, IF THE
50-CALIBER WEAPON IS A LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READ-
ILY  CAPABLE  OF  PRODUCING  DEATH  OR  OTHER  SERIOUS  INJURY  MAY   BE
DISCHARGED.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE  FIRST
DEGREE  AS  DEFINED  IN  SUBDIVISION ONE OF THIS SECTION THE COURT SHALL
IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF TEN YEARS TO THE  MINIMUM  TERM
OF  THE  INDETERMINATE  SENTENCE  OR  TERM  OF  THE DETERMINATE SENTENCE
IMPOSED ON THE UNDERLYING CLASS A OR CLASS B VIOLENT FELONY  CONVICTION.
NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE AGGRE-
GATE OF THE TEN YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS  SUBDIVI-
SION  AND  THE  MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE
UNDERLYING CLASS A OR CLASS B VIOLENT FELONY CONVICTION SHALL CONSTITUTE
THE NEW AGGREGATE MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT  SUBJECT
TO  SUCH  TERM  SHALL  BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM
TERM AND SHALL NOT BE ELIGIBLE FOR RELEASE ON PAROLE  OR  OTHER  DISCRE-
TIONARY RELEASE DURING SUCH TERM.
  S  8.  Subdivision  2  of section 265.08 of the penal law, as added by
chapter 233 of the laws of 1980, is amended to read as follows:
  (2) displays what appears to be a pistol,  revolver,  rifle,  shotgun,
50-CALIBER WEAPON, machine gun or other firearm.
  S  9.  Paragraph  (b)  of subdivision 1 of section 265.09 of the penal
law, as amended by chapter 650 of the laws of 1996, is amended  to  read
as follows:
  (b)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
50-CALIBER WEAPON, machine gun or other firearm.
  S 10. Subdivisions 2, 3 and 6 of section  265.10  of  the  penal  law,
subdivision 2 as amended by chapter 257 of the laws of 2008 and subdivi-
sions 3 and 6 as amended by chapter 189 of the laws of 2000, are amended
to read as follows:
  2.  Any  person  who  transports  or ships any machine-gun, 50-CALIBER
WEAPON, firearm silencer, assault weapon or  large  capacity  ammunition
feeding  device or disguised gun, or who transports or ships as merchan-
dise five or more firearms, is guilty of a class D  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 misdemea-
nor.
  3.  Any  person who disposes of any machine-gun, assault weapon, large
capacity ammunition feeding device, 50-CALIBER WEAPON or firearm silenc-
er is guilty of a  class  D  felony.  Any  person  who  knowingly  buys,
receives,  disposes  of,  or  conceals a machine-gun, 50-CALIBER WEAPON,
firearm, large capacity ammunition  feeding  device,  rifle  or  shotgun
which  has  been defaced for the purpose of concealment or prevention of

S. 2028                             4

the detection of  a  crime  or  misrepresenting  the  identity  of  such
machine-gun, 50-CALIBER WEAPON, firearm, large capacity ammunition feed-
ing device, rifle or shotgun is guilty of a class D felony.
  6.  Any  person  who  wilfully defaces any machine-gun, large capacity
ammunition feeding device, 50-CALIBER WEAPON or firearm is guilty  of  a
class D felony.
  S  11. Subdivisions 1 and 5 of section 265.15 of the penal law, subdi-
vision 5 as amended by chapter 695 of the laws of 1987, are  amended  to
read as follows:
  1.  The  presence  in  any room, dwelling, structure or vehicle of any
machine-gun OR 50-CALIBER WEAPON is presumptive evidence of its unlawful
possession by all persons occupying the place where such machine-gun  OR
50-CALIBER WEAPON is found.
  5.  The  possession by any person of a defaced machine-gun, 50-CALIBER
WEAPON, firearm, rifle   or shotgun is presumptive  evidence  that  such
person defaced the same.
  S 12. Paragraph 2 of subdivision a of section 265.20 of the penal law,
as  amended  by  chapter  189 of the laws of 2000, is amended to read as
follows:
  2. Possession of a  machine-gun,  large  capacity  ammunition  feeding
device,  50-CALIBER  WEAPON,  firearm, switchblade knife, gravity knife,
pilum ballistic knife, billy or blackjack by a  warden,  superintendent,
headkeeper  or deputy of a state prison, penitentiary, workhouse, county
jail or other institution for the  detention  of  persons  convicted  or
accused  of crime or detained as witnesses in criminal cases, in pursuit
of official duty or when duly  authorized  by  regulation  or  order  to
possess the same.
  S 13. Paragraph 8 of subdivision a of section 265.20 of the penal law,
as  amended  by  chapter  61  of the laws of 2010, is amended to read as
follows:
  8. The manufacturer of machine-guns, firearm silencers, assault  weap-
ons,  large  capacity  ammunition  feeding  devices, 50-CALIBER WEAPONS,
disguised guns, pilum ballistic knives, switchblade or  gravity  knives,
billies  or  blackjacks  as merchandise, or as a transferee recipient of
the same for repair, lawful distribution or  research  and  development,
and  the disposal and shipment thereof direct to a regularly constituted
or appointed state or municipal police department, sheriff, policeman or
other peace officer, or to  a  state  prison,  penitentiary,  workhouse,
county  jail or other institution for the detention of persons convicted
or accused of crime or held as witnesses in criminal cases,  or  to  the
military  service  of  this  state  or  of the United States; or for the
repair and return of the same to the lawful possessor  or  for  research
and development.
  S  14.  Section  265.20  of  the  penal law is amended by adding a new
subdivision e to read as follows:
  E. THE TERMS "PISTOL," "REVOLVER," "RIFLE," AND "SHOTGUN" AS  USED  IN
PARAGRAPHS  THREE  THROUGH FIVE, SEVEN THROUGH SEVEN-B, TWELVE, THIRTEEN
AND THIRTEEN-A OF SUBDIVISION A OF THIS  SECTION  SHALL  NOT  INCLUDE  A
50-CALIBER  WEAPON  AS  DEFINED  IN  SUBDIVISION  TWENTY-FOUR OF SECTION
265.00 OF THIS ARTICLE.
  S 15. Section 265.11 of the penal law, as amended by  chapter  764  of
the laws of 2005, is amended to read as follows:
S 265.11 Criminal  sale  of  a firearm OR 50-CALIBER WEAPON in the third
           degree.
  A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
in  the  third degree when such person is not authorized pursuant to law

S. 2028                             5

to possess a firearm OR 50-CALIBER WEAPON  and  such  person  unlawfully
either:
  (1)  sells,  exchanges,  gives  or  disposes  of a firearm [or], large
capacity ammunition feeding  device  OR  50-CALIBER  WEAPON  to  another
person; or
  (2)  possesses  a firearm OR 50-CALIBER WEAPON with the intent to sell
it.
  Criminal sale of a firearm OR 50-CALIBER WEAPON in the third degree is
a class D felony.
  S 16. Section 265.12 of the penal law, as amended by  chapter  764  of
the laws of 2005, is amended to read as follows:
S  265.12  Criminal sale of a firearm OR 50-CALIBER WEAPON in the second
           degree.
  A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
in the second degree when such person:
  (1)  unlawfully sells, exchanges, gives or disposes of to another five
or more firearms OR 50-CALIBER WEAPONS; or
  (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
person or persons a total of five or more firearms OR 50-CALIBER WEAPONS
in a period of not more than one year.
  Criminal  sale  of a firearm OR 50-CALIBER WEAPON in the second degree
is a class C felony.
  S 17. Section 265.14 of the penal law, as added by chapter 175 of  the
laws  of 1991 and the closing paragraph as amended by chapter 654 of the
laws of 1998, is amended to read as follows:
S 265.14 Criminal sale of a firearm OR 50-CALIBER WEAPON with the aid of
           a minor.
  A person over the age of eighteen years of age is guilty  of  criminal
sale  of a [weapon] FIREARM OR 50-CALIBER WEAPON with the aid of a minor
when a person under sixteen years of age knowingly and unlawfully sells,
exchanges, gives or disposes  of  a  firearm  OR  50-CALIBER  WEAPON  in
violation  of  this  article,  and  such person over the age of eighteen
years of age, acting  with  the  mental  culpability  required  for  the
commission  thereof,  solicits, requests, commands, importunes or inten-
tionally aids such person under sixteen years of age to engage  in  such
conduct.
  Criminal  sale  of  a  firearm  OR 50-CALIBER WEAPON with the aid of a
minor is a class C felony.
  S 18. Section 265.13 of the penal law, as amended by  chapter  764  of
the laws of 2005, is amended to read as follows:
S  265.13  Criminal  sale of a firearm OR 50-CALIBER WEAPON in the first
           degree.
  A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
in the first degree when such person:
  (1)  unlawfully  sells, exchanges, gives or disposes of to another ten
or more firearms OR 50-CALIBER WEAPONS; or
  (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
person  or persons a total of ten or more firearms OR 50-CALIBER WEAPONS
in a period of not more than one year.
  Criminal sale of a firearm OR 50-CALIBER WEAPON in the first degree is
a class B felony.
  S 19. Section 265.16 of the penal law, as added by chapter 600 of  the
laws  of 1992 and the closing paragraph as amended by chapter 654 of the
laws of 1998, is amended to read as follows:
S 265.16 Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor.

S. 2028                             6

  A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
to  a  minor  when  he  is  not  authorized pursuant to law to possess a
firearm OR 50-CALIBER WEAPON and he unlawfully sells,  exchanges,  gives
or  disposes  of a firearm OR 50-CALIBER WEAPON to another person who is
or  reasonably  appears to be less than nineteen years of age who is not
licensed pursuant to law to possess a firearm OR 50-CALIBER WEAPON.
  Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor is a  class
C felony.
  S  20.  The opening paragraph of subdivision 1 of section 55.05 of the
penal law, as amended by chapter 276 of the laws of 1973, is amended  to
read as follows:
  [Felonies]  EXCEPT  FOR  THE  FELONIES  DEFINED IN SECTIONS 265.45 AND
265.46 OF THIS CHAPTER, FELONIES are  classified,  for  the  purpose  of
sentence, into five categories as follows:
  S  21.  Paragraph  (a)  of subdivision 1 of section 55.10 of the penal
law, as amended by chapter 276 of the laws of 1973, is amended  to  read
as follows:
  (a)  [The]  EXCEPT  FOR  THE  FELONIES  DEFINED IN SECTIONS 265.45 AND
265.46 OF THIS CHAPTER, THE particular classification or  subclassifica-
tion  of  each felony defined in this chapter is expressly designated in
the section or article defining it.
  S 22. The executive law is amended by adding a new section 231 to read
as follows:
  S 231. COMPLIANCE WITH THE BAN ON  THE  SALE,  POSSESSION  OR  USE  OF
50-CALIBER  WEAPONS.  1.  FROM WITHIN AMOUNTS APPROPRIATED THEREFOR, THE
DIVISION OF STATE POLICE SHALL TAKE  SUCH  ACTION  AS  IS  NECESSARY  TO
IMPLEMENT  A  PROGRAM WHEREBY PERSONS, INCLUDING DEALERS OF FIREARMS, IN
LAWFUL POSSESSION  OF  50-CALIBER  WEAPONS  MAY  BRING  THEMSELVES  INTO
COMPLIANCE  WITH  THE  PROVISIONS  OF THE PENAL LAW WHICH BANS THE SALE,
POSSESSION OR USE OF SUCH WEAPONS.
  2. WITHIN THIRTY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  ANY
LICENSED  FIREARM DEALER WHO HAS IN HIS OR HER POSSESSION A NEW 50-CALI-
BER WEAPON SHALL BE ENTITLED TO RETURN SUCH WEAPON TO THE DISTRIBUTOR OR
MANUFACTURER, AND SHALL BE ENTITLED TO A FULL REFUND, OR CREDIT,  IN  AN
AMOUNT  EQUAL  TO THE PURCHASE PRICE OF SUCH WEAPON. IN ANY CASE WHERE A
DISTRIBUTOR OR MANUFACTURER FAILS OR REFUSES TO SO REFUND OR CREDIT SUCH
DEALER, THE DEALER SHALL NOTIFY THE DIVISION OF  STATE  POLICE,  AND  IT
SHALL  IMMEDIATELY  NOTIFY  THE  ATTORNEY  GENERAL SO THAT HE OR SHE MAY
INTERCEDE AND TAKE SUCH ACTIONS ON BEHALF OF THE DEALER TO  SECURE  SUCH
REFUND OR CREDIT.
  3.  WITHIN  THIRTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, ANY
PERSON, INCLUDING A LICENSED FIREARM DEALER, WHO HAS IN HIS OR HER LEGAL
POSSESSION A USED 50-CALIBER WEAPON SHALL PERSONALLY DELIVER SUCH WEAPON
TO THE DIVISION OF STATE POLICE, AND  UPON  TRANSFERRING  OWNERSHIP  AND
POSSESSION  TO  A  DULY DESIGNATED OFFICER THEREOF, SHALL BE ENTITLED TO
RECEIVE PAYMENT IN AN AMOUNT EQUAL TO THE  FAIR  MARKET  VALUE  OF  SUCH
WEAPON, BUT NOT TO EXCEED EIGHT THOUSAND FIVE HUNDRED DOLLARS.
  4.  THE  DIVISION  OF STATE POLICE SHALL TAKE SUCH ACTION, INCLUDING A
PUBLIC CAMPAIGN USING THE PRINT MEDIA, TELEVISION, RADIO OR OTHER  MEANS
TO  NOTIFY  PERSONS  OF THE EXISTENCE OF THE PROGRAM ESTABLISHED IN THIS
SECTION.
  S 23. This act shall take effect immediately; provided, however,  that
sections  one  through  twenty-one  of this act shall take effect on the
thirtieth day after this act shall have become a law.

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