S T A T E O F N E W Y O R K
________________________________________________________________________
4808
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
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Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the definition of an
assault weapon
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (b) and (c) of subdivision 22 of section
265.00 of the penal law, as added by chapter 1 of the laws of 2013, are
amended to read as follows:
(a) a semiautomatic rifle that has an ability to accept a detachable
magazine, HAS A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE
ACTION OF THE WEAPON, and has at least one of the following character-
istics:
(i) a folding or telescoping stock;
(ii) [a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii)] a thumbhole stock;
[(iv)] (III) a second handgrip or a protruding grip that can be held
by the non-trigger hand;
[(v)] (IV) a bayonet mount;
[(vi)] (V) a flash suppressor[, muzzle break, muzzle compensator,] or
threaded barrel designed to accommodate a flash suppressor[, muzzle
break, or muzzle compensator];
[(vii)] (VI) a grenade launcher; or
(b) a semiautomatic shotgun that has at least one of the following
characteristics:
(i) a folding or telescoping stock;
(ii) [a thumbhole stock;
(iii)] a second handgrip or a protruding grip that can be held by the
non-trigger hand;
[(iv)] (III) a fixed magazine capacity in excess of seven rounds;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08700-01-9
A. 4808 2
[(v)] (IV) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least one of the following characteristics:
(i) a folding or telescoping stock;
(ii) a thumbhole stock;
(iii) a second handgrip or a protruding grip that can be held by the
non-trigger hand;
(iv) capacity to accept an ammunition magazine that attaches to the
pistol outside of the pistol grip;
(v) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(vi) [a shroud that is attached to, or partially or completely encir-
cles, the barrel and that permits the shooter to hold the firearm with
the non-trigger hand without being burned;
(vii)] a manufactured weight of fifty ounces or more when the pistol
is unloaded; or
[(viii)] (VII) a semiautomatic version of an automatic rifle, shotgun
or firearm;
§ 2. This act shall take effect immediately.