S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3638
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to the possession of  certain
   antique rifles or replicas thereof
 
   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  209  of  the  laws  of 2022, is amended to read as
 follows:
   23. "Large capacity ammunition feeding device" means a magazine, belt,
 drum, feed strip, or similar device, that has a capacity of, or that can
 be readily restored or converted to accept,  more  than  ten  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 replicas 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 registered within thirty days
 of their transfer into the state.   PROVIDED, FURTHER,  THAT  SUCH  TERM
 SHALL  ALSO  NOT  INCLUDE AN ATTACHED TUBULAR DEVICE DESIGNED TO ACCEPT,
 AND CAPABLE OF OPERATING ONLY WITH .44 CALIBER RIMFIRE OR .44-40 CALIBER
 AMMUNITION IF SUCH TUBULAR DEVICE IS ATTACHED TO A RIFLE THAT WAS  MANU-
 FACTURED AT LEAST FIFTY YEARS AGO, OR MODERN DAY REPLICAS OF SUCH RIFLE.
 Notwithstanding paragraph (h) of subdivision twenty-two of this section,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08327-01-3
              

 A. 3638                             2
 
 such  feeding  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. This act shall take effect immediately.