The New York State Senate

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

                                  1209

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 6, 2017
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the penal law  in
  relation  to  removing  prohibition  on  possession and use of firearm
  silencers

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

  Section  1.  Subdivision  1  of  section  11-0931 of the environmental
conservation law, the opening paragraph and subparagraph 1 of  paragraph
c  as  amended by chapter 135 of the laws of 1982, is amended to read as
follows:
  1. No person except a law enforcement officer in  the  performance  of
his  official  duties  shall  use in hunting or possess in the fields or
forests or on the waters of the state for any purpose:
  a. [the apparatus known as a silencer;
  b.] any automatic firearm, or any firearm which has been converted  to
an  automatic  type,  or  any  firearm  which  has a built-in mechanical
adjustment which will permit it to function as an automatic arm; or
  [c.] B. any auto-loading firearm of a  construction  to  contain  more
than six shells in the magazine and chamber combined, except
  (1) such a firearm using twenty-two caliber rim-fire ammunition, or
  (2) such a firearm which has been altered so as to reduce its capacity
to  not  more  than  six  shells at one time in the magazine and chamber
combined, or
  (3) an auto-loading pistol having a barrel less than eight  inches  in
length.
  [d.  An] C. AN automatic firearm is defined as one which will continue
to fire as long as the trigger is held back. An auto-loading firearm  is
defined  as  one  which reloads itself after each shot and requires that
the trigger be pulled back for each shot.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04902-01-7

S. 1209                             2

  § 2. Subdivision 2 of section 265.02 of the penal law, as  amended  by
chapter 764 of the laws of 2005, is amended to read as follows:
  (2) Such person possesses any explosive or incendiary bomb, bombshell,
[firearm  silencer,] machine-gun or any other firearm or weapon simulat-
ing a machine-gun and which is adaptable for such use; or
  § 3. Subdivisions 2 and 3 of section 265.10 of the penal law, subdivi-
sion 2 as amended by chapter 257 of the laws of 2008 and  subdivision  3
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,  [firearm
silencer,] assault weapon or large capacity ammunition feeding device or
disguised  gun,  or  who transports or ships as merchandise 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, switch-
blade 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[,]  OR
large capacity ammunition feeding device [or firearm silencer] is guilty
of  a  class D 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 felony.
  §  4.  Subdivision 3 of section 265.15 of the penal law, as amended by
chapter 257 of the laws of 2008, is amended to read as follows:
  3. The presence in an automobile, other than a stolen one or a  public
omnibus,  of  any  firearm,  large  capacity  ammunition feeding device,
defaced firearm, defaced rifle or shotgun, defaced large capacity  ammu-
nition feeding device, [firearm silencer,] explosive or incendiary bomb,
bombshell,  gravity  knife,  switchblade  knife,  pilum ballistic knife,
metal knuckle knife, dagger, dirk, stiletto, billy,  blackjack,  plastic
knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is
presumptive  evidence  of  its  possession by all persons occupying such
automobile at the time such weapon, instrument or  appliance  is  found,
except under the following circumstances: (a) if such weapon, instrument
or  appliance  is found upon the person of one of the occupants therein;
(b) if such weapon, instrument or appliance is found  in  an  automobile
which  is  being operated for hire by a duly licensed driver in the due,
lawful and proper pursuit of his or her  trade,  then  such  presumption
shall not apply to the driver; or (c) if the weapon so found is a pistol
or  revolver  and one of the occupants, not present under duress, has in
his or her possession a valid license to have and  carry  concealed  the
same.
  § 5. This act shall take effect immediately.