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 penal law is REPEALED.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.