S T A T E O F N E W Y O R K
________________________________________________________________________
812
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. WALLACE -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to large capacity ammunition
feeding devices; and to repeal section 265.37 of such law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 23 of section 265.00 of the penal law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, that [(a)] has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
tion, or (c) is obtained after the effective date of the chapter of the
laws of two thousand thirteen which amended this subdivision and has a
capacity of, or that can be readily restored or converted to accept,
more than seven rounds of ammunition]; provided, however, that such term
does not include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire ammunition or a
feeding device that is a curio or relic. A feeding device that is a
curio or relic is defined as a device that (i) was manufactured at least
fifty years prior to the current date, (ii) is only capable of being
used exclusively in a firearm, rifle, or shotgun that was manufactured
at least fifty years prior to the current date, but not including repli-
cas thereof, (iii) is possessed by an individual who is not prohibited
by state or federal law from possessing a firearm and (iv) is registered
with the division of state police pursuant to subdivision sixteen-a of
section 400.00 of this chapter, except such feeding devices transferred
into the state may be registered at any time, provided they are regis-
tered within thirty days of their transfer into the state. Notwithstand-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02238-01-1
A. 812 2
ing paragraph (h) of subdivision twenty-two of this section, such feed-
ing devices may be transferred provided that such transfer shall be
subject to the provisions of section 400.03 of this chapter including
the check required to be conducted pursuant to such section.
§ 2. Subdivision 8 of section 265.02 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
(8) Such person possesses a large capacity ammunition feeding device[.
For purposes of this subdivision, a large capacity ammunition feeding
device shall not include an ammunition feeding device lawfully possessed
by such person before the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision, that has a capaci-
ty of, or that can be readily restored or converted to accept more than
seven but less than eleven rounds of ammunition, or that was manufac-
tured before September thirteenth, nineteen hundred ninety-four, that
has a capacity of, or that can be readily restored or converted to
accept, more than ten rounds of ammunition]; or
§ 3. Section 265.37 of the penal law is REPEALED.
§ 4. This act shall take effect immediately.