S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2538
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI, MOSLEY -- read once and referred to the
   Committee on Codes
 
 AN  ACT  to amend the penal law, in relation to defining and prohibiting
   an accessory to accelerate the firing rate of a semiautomatic weapon
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 265.00 of the penal law is amended by adding a new
 subdivision 26 to read as follows:
   26. "ACCESSORY TO ACCELERATE THE FIRING RATE OF A SEMIAUTOMATIC  WEAP-
 ON"  MEANS  ANY  INSTRUMENT,  ATTACHMENT, WEAPON OR APPLIANCE CAUSING OR
 INTENDED TO CAUSE THE FIRING RATE OF A SEMIAUTOMATIC WEAPON TO INCREASE.
   § 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, ACCESSORY TO ACCELERATE THE FIRING RATE OF A SEMIAUTO-
 MATIC  WEAPON,  machine-gun  or any other firearm or weapon simulating 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 silenc-
 er, ACCESSORY TO ACCELERATE THE FIRING RATE OF A  SEMIAUTOMATIC  WEAPON,
 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, 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 misdemeanor.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05206-01-9
              

 A. 2538                             2
 
   3.  Any  person who disposes of any machine-gun, assault weapon, large
 capacity ammunition feeding device [or], firearm silencer  OR  ACCESSORY
 TO  ACCELERATE  THE FIRING RATE OF A SEMIAUTOMATIC WEAPON is guilty of a
 class D felony. Any person who knowingly buys, receives, disposes of, or
 conceals  a  machine-gun,  firearm,  large  capacity  ammunition feeding
 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,  ACCESSORY  TO  ACCELERATE  THE
 FIRING  RATE  OF  A  SEMIAUTOMATIC WEAPON, 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 on the ninetieth day  after  it  shall
 have become a law.