The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10428--A
 
                           I N  A S S E M B L Y
 
                               May 18, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Peoples-
   Stokes) -- read once and referred to the Committee on Codes -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend the penal law, in relation to the definition of large
   capacity ammunition feeding device for  purposes  of  the  offense  of
   criminal  possession  of  a  weapon in the third degree; and to repeal
   section 265.36 of the penal law relating to unlawful possession  of  a
   large capacity ammunition feeding device
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (h) of subdivision 22 of section  265.00  of  the
 penal law, as added by chapter 1 of the laws of 2013, is amended to read
 as follows:
   (h)  Any  weapon  defined  in paragraph (e) or (f) of this subdivision
 [and any large capacity  ammunition  feeding  device  that  was  legally
 possessed  by an individual prior to the enactment of the chapter of the
 laws of two thousand thirteen which added this paragraph,] may  only  be
 sold  to,  exchanged  with  or  disposed of to a purchaser authorized to
 possess such weapons or to an individual or entity outside of the  state
 provided  that  any  such transfer to an individual or entity outside of
 the state must be reported to the entity wherein the  weapon  is  regis-
 tered  within  seventy-two  hours  of  such  transfer. An individual who
 transfers any such weapon [or large capacity ammunition  device]  to  an
 individual   inside  New  York  state  or  without  complying  with  the
 provisions of this paragraph shall be guilty of a  class  A  misdemeanor
 [unless such large capacity ammunition feeding device, the possession of
 which  is  made illegal by the chapter of the laws of two thousand thir-
 teen which added this paragraph, is transferred within one year  of  the
 effective date of the chapter of the laws of two thousand thirteen which
 added this paragraph].
   §  2. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15596-05-2

 A. 10428--A                         2
 
   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-
 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.
   § 3. 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
   § 4. Section 265.36 of the penal law is REPEALED.
   §  5.    The division of criminal justice services in conjunction with
 the state police shall create an awareness and notification  program  to
 make  people  aware of the change in the law regarding the possession of
 large capacity ammunition  feeding  devices  and  shall  issue  guidance
 regarding  the  surrender  of  such  devices. Nothing shall preclude the
 utilization of any buy back programs to facilitate compliance with  such
 changes.
   §  6.  This  act  shall take effect immediately; provided however that
 sections one, two, and three of this act shall take effect on the  thir-
 tieth  day  after it shall have become a law; and provided further, that
 section four of this act shall take effect on the ninetieth day after it
 shall have become a law.