senate Bill S4990

2013-2014 Legislative Session

Creates the "defend our homes act"; authorizes the possession of a magazine with more than 7 rounds but less than 11 rounds in a person's home; repealer

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
May 02, 2013 referred to codes

Co-Sponsors

S4990 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §265.20, rpld §265.37 sec undesig ¶, Pen L

S4990 - Bill Texts

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Creates the "Defend Our Homes act"; authorizes the possession of a magazine with more than 7 rounds but less than 11 rounds in a person's home.

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BILL NUMBER:S4990 REVISED MEMO 01/06/2014

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the "defend our homes act" providing exemptions for
ammunition feeding device capacity in homes; and to repeal certain
provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

Provides an exemption to the ammunition feeding device limit to less
than 10 rounds in the confines of the possessor's home and repeals
Section 265.37 of the penal law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Titles this act as the "Defend Our Homes Act".

Section 2. Provides an exemption to the penal law, under Section
265.20, to allow for the possession of a magazine or ammunition
feeding device with more than 7 rounds and not more than 10 rounds,
stored in a safe storage depository, in the home of the possessor.

Section 3. Repeals Section 265.37 of the penal law.

Section 4. Effective date and deems to have been in full force as of
March 16, 2013.

JUSTIFICATION:

The arbitrary round limit for ammunition feeding devices imposed by
the NY SAFE Act has no practical basis for existence. Therefore, for
the purposes of defense within one's home, this legislation would
allow the possessor to resume the previous 10 round limit for
ammunition feeding devices, within the confines of one's home. In
order to prevent the misuse of such allowance, like any firearm, it
must be stored in a safe storage depository. The restoration of the 10
round limitation is a reasonable round limit and provides the
possessor with reassurance in the event they should need to protect
themselves or their property.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately and shall be deemed to have been in full force and effect
on March 16, 2013.

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

                                  4990

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 2, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing  the  "defend
  our  homes  act"  providing  exemptions  for ammunition feeding device
  capacity in homes; and to repeal certain provisions of such law relat-
  ing thereto

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

  Section 1. This act shall be known and may be cited as the "defend our
homes act".
  S  2.  Subdivision  a of section 265.20 of the penal law is amended by
adding a new paragraph 3-a to read as follows:
  3-A. POSSESSION OF A MAGAZINE OR  SIMILAR  AMMUNITION  FEEDING  DEVICE
THAT  CONTAINS  MORE  THAN SEVEN ROUNDS OF AMMUNITION, BUT THAT DOES NOT
HAVE A CAPACITY OF OR CAN READILY BE RESTORED  OR  CONVERTED  TO  ACCEPT
MORE  THAN  TEN  ROUNDS,  IN  A  SAFE  STORAGE DEPOSITORY, AS DEFINED IN
SECTION 265.45 OF THIS ARTICLE, IN THE HOME OF  THE  POSSESSOR  FOR  THE
PROTECTION OF A PERSON OR PROPERTY.
  S  3. The second undesignated paragraph of section 265.37 of the penal
law is REPEALED.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on March 16, 2013.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10507-02-3

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