S T A T E O F N E W Y O R K
________________________________________________________________________
5482
2023-2024 Regular Sessions
I N A S S E M B L Y
March 13, 2023
___________
Introduced by M. of A. MAHER -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to ammunition capacity in
firearms; and to repeal certain provisions of the penal law relating
to possession of ammunition and ammunition feeding devices
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penal law is REPEALED.
§ 2. 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. Notwithstanding paragraph (h) of
subdivision twenty-two of this section, such feeding devices may be
transferred provided that such transfer shall be subject to the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09207-01-3
A. 5482 2
provisions of section 400.03 of this chapter including the check
required to be conducted pursuant to such section].
§ 3. The opening paragraph of subdivision a of section 265.20 of the
penal law, as separately amended by chapters 130 and 134 of the laws of
2019, is amended to read as follows:
[Paragraph (h) of subdivision twenty-two of section 265.00 and
sections] SECTIONS 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02, 265.03,
265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, [265.36,
265.37,] 265.50, 265.55 and 270.05 shall not apply to:
§ 4. Section 265.37 of the penal law is REPEALED.
§ 5. This act shall take effect immediately.