|SAME AS||No Same As|
|Amd §§265.00, 400.00, 265.02, 265.10 & 265.20, Pen L; add §233, Exec L|
|Relates to prohibiting the possession of certain 50 caliber firearms; directs the division of state police to embark on a program whereby persons currently in lawful possession of such weapons may be reimbursed for the fair market value thereof upon turning in such weapons to a designated officer.|
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STATE OF NEW YORK ________________________________________________________________________ 2437 2019-2020 Regular Sessions IN SENATE January 24, 2019 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the executive law, in relation to banning 50 caliber weapons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and declaration. The legislature here- 2 by finds and declares that 50 caliber or larger weapons having the 3 capacity for rapidly discharging ammunition have no acceptable purpose. 4 The legislature additionally finds and declares that such weapons pose 5 such an imminent threat and danger to the safety and security of the 6 people of this state that it is necessary to ban the possession and use 7 of such weapons. 8 § 2. Short title. This act shall be known and may be cited as the "50 9 Caliber Threat Reduction Act". 10 § 3. Section 265.00 of the penal law is amended by adding a new subdi- 11 vision 26 to read as follows: 12 26. "50 caliber weapon" means: 13 (a) any rifle capable of firing a center-fire cartridge: 14 (i) of a caliber of 50 or greater, which shall include any metric 15 equivalent of 50 caliber or greater; or 16 (ii) that is capable of firing a projectile that attains a muzzle 17 energy of twelve thousand foot-pounds or greater in any combination of 18 bullet, propellant, case, or primer; or 19 (iii) any copy or duplicate of any such weapon that is capable of 20 firing a projectile that attains a muzzle energy of twelve thousand 21 foot-pounds or greater regardless of caliber; 22 (b) any rifle capable of firing a center-fire cartridge defined in 23 paragraph (a) of this subdivision, possessed prior to the effective date 24 of this subdivision; 25 (c) provided, however, that such term does not include: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02305-02-9S. 2437 2 1 (i) any weapon capable of firing a center-fire cartridge that has been 2 rendered permanently inoperable; 3 (ii) any weapon capable of firing a center-fire cartridge that is an 4 antique firearm as defined in clause sixteen of paragraph (a) of section 5 nine hundred twenty-one of title eighteen of the United States code; 6 (iii) any weapon validly registered pursuant to subdivision eighteen 7 of section 400.00 of this chapter. Such weapons shall be subject to the 8 provisions of paragraph (d) of this subdivision; 9 (iv) any weapon that was manufactured at least fifty years prior to 10 the current date, but not including replicas thereof, that is validly 11 registered pursuant to subdivision eighteen of section 400.00 of this 12 chapter; 13 (v) any muzzle-loading rifle or shotgun with a rifled bore. 14 (d) Any weapon defined in paragraph (b) of this subdivision may only 15 be sold to, exchanged with or disposed of to a purchaser authorized to 16 possess such weapons or to an individual or entity outside of the state 17 provided that any such transfer to an individual or entity outside of 18 the state must be reported to the entity wherein the weapon is regis- 19 tered within seventy-two hours of such transfer. An individual who 20 transfers any such weapon to an individual inside New York state or 21 without complying with the provisions of this paragraph shall be guilty 22 of a class A misdemeanor unless transferred within one year of the 23 effective date of this subdivision. 24 § 4. Section 400.00 of the penal law is amended by adding two new 25 subdivisions 18 and 19 to read as follows: 26 18. Registration of 50 caliber weapons. (a) An owner of a weapon 27 defined in paragraph (b) of subdivision twenty-six of section 265.00 of 28 this chapter, possessed before the effective date of this subdivision, 29 must make an application to register such weapon with the superintendent 30 of state police, in the manner provided by the superintendent, or by 31 amending a license issued pursuant to this section within one year of 32 the effective date of this subdivision except any weapon defined under 33 subparagraph (iv) of paragraph (c) of subdivision twenty-six of section 34 265.00 of this chapter transferred into the state may be registered at 35 any time, provided such weapons are registered within thirty days of 36 their transfer into the state. Registration information shall include 37 the registrant's name, date of birth, gender, race, residential address, 38 social security number and description of each weapon being registered. 39 A registration of any weapon defined under subparagraph (iv) of para- 40 graph (c) of subdivision twenty-six of section 265.00 of this chapter 41 shall be transferable, provided that the seller notifies the state 42 police within seventy-two hours of the transfer and the buyer provides 43 the state police with information sufficient to constitute a registra- 44 tion under this section. Such registration shall not be valid if such 45 registrant is prohibited or becomes prohibited from possessing a firearm 46 pursuant to state or federal law. The superintendent shall determine 47 whether such registrant is prohibited from possessing a firearm under 48 state or federal law. Such check shall be limited to determining whether 49 the factors in paragraph (g) of section nine hundred twenty-two of title 50 eighteen of the United States code apply or whether a registrant has 51 been convicted of a serious offense as defined in subdivision seventeen 52 of section 265.00 of this chapter, so as to prohibit such registrant 53 from possessing a firearm, and whether a report has been issued pursuant 54 to section 9.46 of the mental hygiene law. All registrants shall recer- 55 tify to the division of state police every five years thereafter. Fail- 56 ure to recertify shall result in a revocation of such registration.S. 2437 3 1 (b) Notwithstanding any inconsistent provisions of paragraph (a) of 2 this subdivision, an owner of a 50 caliber weapon as defined in subdivi- 3 sion twenty-six of section 265.00 of this chapter, who is a qualified 4 retired New York or federal law enforcement officer as defined in subdi- 5 vision twenty-five of section 265.00 of this chapter, where such weapon 6 was issued to or purchased by such officer prior to retirement and in 7 the course of his or her official duties, and for which such officer was 8 qualified by the agency that employed such officer within twelve months 9 prior to his or her retirement, must register such weapon within sixty 10 days of retirement. 11 (c) The superintendent of state police shall create and maintain a "50 12 caliber weapons" page or section on the existing internet website, 13 created pursuant to paragraph (b) of subdivision sixteen-a of this 14 section, to educate the public as to which 50 caliber weapons are ille- 15 gal as a result of the enactment of this subdivision, as well as such 50 16 caliber weapons which are illegal pursuant to article two hundred 17 sixty-five of this chapter. Such website shall contain information to 18 assist the public in recognizing the relevant features proscribed by 19 such article two hundred sixty-five, as well as which make and model of 20 weapons require registration. 21 (d) A person who knowingly fails to apply to register such weapon, as 22 required by this section, within one year of the effective date of this 23 subdivision shall be guilty of a class A misdemeanor and such person who 24 unknowingly fails to validly register such weapon within such one year 25 period shall be given a warning by an appropriate law enforcement 26 authority about such failure and given thirty days in which to apply to 27 register such weapon or to surrender it. A failure to apply or surrender 28 such weapon within such thirty-day period shall result in such weapon 29 being removed by an appropriate law enforcement authority and declared a 30 nuisance. 31 (e) The cost of the software, programming and interface required to 32 transmit any record that must be electronically transmitted by the deal- 33 er or licensing officer to the division of state police pursuant to this 34 chapter shall be borne by the state. 35 19. Applicability of section. The provisions of article two hundred 36 sixty-five of this chapter relating to illegal possession of a firearm, 37 shall not apply to an offense which also constitutes a violation of this 38 section by a person holding an otherwise valid license under the 39 provisions of this section and such offense shall only be punishable as 40 a class A misdemeanor pursuant to this section. In addition, the 41 provisions of such article two hundred sixty-five shall not apply to the 42 possession of a firearm in a place not authorized by law, by a person 43 who holds an otherwise valid license or possession of a firearm by a 44 person within a one year period after the stated expiration date of an 45 otherwise valid license which has not been previously cancelled or 46 revoked shall only be punishable as a class A misdemeanor pursuant to 47 this section. 48 § 5. Section 265.02 of the penal law is amended by adding a new subdi- 49 vision 11 to read as follows: 50 (11) Such person possesses a 50 caliber weapon. 51 § 6. Subdivision 3 of section 265.00 of the penal law, as amended by 52 chapter 189 of the laws of 2000, is amended to read as follows: 53 3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having 54 one or more barrels less than eighteen inches in length; or (c) a rifle 55 having one or more barrels less than sixteen inches in length; or (d) 56 any weapon made from a shotgun or rifle whether by alteration, modifica-S. 2437 4 1 tion, or otherwise if such weapon as altered, modified, or otherwise has 2 an overall length of less than twenty-six inches; or (e) an assault 3 weapon; or (f) a 50 caliber weapon. For the purpose of this subdivision 4 the length of the barrel on a shotgun or rifle shall be determined by 5 measuring the distance between the muzzle and the face of the bolt, 6 breech, or breechlock when closed and when the shotgun or rifle is 7 cocked; the overall length of a weapon made from a shotgun or rifle is 8 the distance between the extreme ends of the weapon measured along a 9 line parallel to the center line of the bore. Firearm does not include 10 an antique firearm. 11 § 7. Subdivisions 1, 2, 3 and 6 of section 265.10 of the penal law, 12 subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008 and 13 subdivisions 3 and 6 as amended by chapter 189 of the laws of 2000, are 14 amended to read as follows: 15 1. Any person who manufactures or causes to be manufactured any 16 machine-gun, assault weapon, 50 caliber weapon, large capacity ammuni- 17 tion feeding device or disguised gun is guilty of a class D felony. Any 18 person who manufactures or causes to be manufactured any switchblade 19 knife, gravity knife, pilum ballistic knife, metal knuckle knife, billy, 20 blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, 21 chuka stick, sandbag, sandclub or slungshot is guilty of a class A 22 misdemeanor. 23 2. Any person who transports or ships any machine-gun, firearm silenc- 24 er, assault weapon, 50 caliber weapon or large capacity ammunition feed- 25 ing device or disguised gun, or who transports or ships as merchandise 26 five or more firearms, is guilty of a class D felony. Any person who 27 transports or ships as merchandise any firearm, other than an assault 28 weapon or 50 caliber weapon, switchblade knife, gravity knife, pilum 29 ballistic knife, billy, blackjack, bludgeon, plastic knuckles, metal 30 knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a 31 class A misdemeanor. 32 3. Any person who disposes of any machine-gun, assault weapon, 50 33 caliber weapon, large capacity ammunition feeding device or firearm 34 silencer is guilty of a class D felony. Any person who knowingly buys, 35 receives, disposes of, or conceals a machine-gun, 50 caliber weapon, 36 firearm, large capacity ammunition feeding device, rifle or shotgun 37 which has been defaced for the purpose of concealment or prevention of 38 the detection of a crime or misrepresenting the identity of such 39 machine-gun, 50 caliber weapon, firearm, large capacity ammunition feed- 40 ing device, rifle or shotgun is guilty of a class D felony. 41 6. Any person who wilfully defaces any machine-gun, 50 caliber weapon, 42 large capacity ammunition feeding device or firearm is guilty of a class 43 D felony. 44 § 8. Paragraph 8 of subdivision a of section 265.20 of the penal law, 45 as amended by chapter 476 of the laws of 2018, is amended to read as 46 follows: 47 8. The manufacturer of machine-guns, firearm silencers, assault weap- 48 ons, large capacity ammunition feeding devices, 50 caliber weapons, 49 disguised guns, pilum ballistic knives, switchblade or gravity knives, 50 billies or blackjacks as merchandise, or as a transferee recipient of 51 the same for repair, lawful distribution or research and development, 52 and the disposal and shipment thereof direct to a regularly constituted 53 or appointed state or municipal police department, sheriff, police offi- 54 cer or other peace officer, or to a state prison, penitentiary, work- 55 house, county jail or other institution for the detention of persons 56 convicted or accused of crime or held as witnesses in criminal cases, orS. 2437 5 1 to the military service of this state or of the United States; or for 2 the repair and return of the same to the lawful possessor or for 3 research and development. 4 § 9. Section 265.20 of the penal law is amended by adding a new subdi- 5 vision f to read as follows: 6 f. The terms "pistol," "revolver," "rifle," and "shotgun" as used in 7 paragraphs three through five, seven through seven-b, twelve, thirteen 8 and thirteen-a of subdivision a of this section shall not include a 50 9 caliber weapon as defined in subdivision twenty-six of section 265.00 of 10 this article. 11 § 10. The executive law is amended by adding a new section 233 to read 12 as follows: 13 § 233. Compliance with the ban on the sale, possession or use of 50 14 caliber weapons. 1. From within amounts appropriated therefor, the 15 division of state police shall take such action as is necessary to 16 implement a program whereby persons, including dealers of firearms, in 17 lawful possession of 50 caliber weapons may bring themselves into 18 compliance with the provisions of the penal law which bans the sale, 19 possession or use of such weapons. 20 2. Within thirty days of the effective date of this section, any 21 licensed firearm dealer who has in his or her possession a new 50 cali- 22 ber weapon shall be entitled to return such weapon to the distributor or 23 manufacturer, and shall be entitled to a full refund, or credit, in an 24 amount equal to the purchase price of such weapon. In any case where a 25 distributor or manufacturer fails or refuses to so refund or credit such 26 dealer, the dealer shall notify the division of state police, and it 27 shall immediately notify the attorney general so that he or she may 28 intercede and take such actions on behalf of the dealer to secure such 29 refund or credit. 30 3. Within thirty days of the effective date of this section, any 31 person, including a licensed firearm dealer, who has in his or her legal 32 possession a used 50 caliber weapon shall personally deliver such weapon 33 to the division of state police, and upon transferring ownership and 34 possession to a duly designated officer thereof, shall be entitled to 35 receive payment in an amount equal to the fair market value of such 36 weapon, but not to exceed eight thousand five hundred dollars. 37 4. The division of state police shall take such action, including a 38 public campaign using the print media, television, radio or other means 39 to notify persons of the existence of the program established in this 40 section. 41 § 11. This act shall take effect immediately; provided, however, that 42 sections one through nine of this act shall take effect on the thirtieth 43 day after this act shall have become a law.