Bill Text: NY A03346 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the penal law and the criminal procedure law, in relation to banning dangerous firearms
Spectrum: Strong Partisan Bill (Democrat 23-2)
Status: (Introduced - Dead) 2010-03-16 - enacting clause stricken [A03346 Detail]
Download: New_York-2009-A03346-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3346
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. KOON, CARROZZA, ENGLEBRIGHT, ALFANO -- Multi-
Sponsored by -- M. of A. AUBRY, BARRA, CLARK, DIAZ, DINOWITZ, GALEF,
GLICK, GOTTFRIED, GREENE, HOOPER, HOYT, JACOBS, JOHN, LAVINE, MAYER-
SOHN, PERRY, PHEFFER, SCARBOROUGH, TOWNS, WRIGHT -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to banning dangerous firearms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and declarations. The legislature
2 hereby finds and declares that certain poorly made, easily concealable,
3 and generally unsafe weapons commonly known as "Saturday night specials"
4 or "junk guns" are disproportionately used in the commission of crimes
5 and serve no legitimate sporting or self-protection purpose. The legis-
6 lature additionally finds and declares that these weapons pose such an
7 imminent threat and danger to the safety and security of the people of
8 this state that it is necessary to ban the possession and use of such
9 weapons. The legislature further finds and declares that such weapons,
10 if produced outside of the United States, would fail the public safety
11 standards established by the United States bureau of alcohol, tobacco,
12 and firearms for imported firearms under the provisions of the Gun
13 Control Act of 1968, and that, at present, large numbers of such weapons
14 are being manufactured and sold domestically without having to meet
15 these federal import standards.
16 S 2. Section 265.00 of the penal law is amended by adding a new subdi-
17 vision 24 to read as follows:
18 24. "DANGEROUS FIREARM" MEANS ANY OF THE FIREARMS, IN SUCH CALIBER,
19 KNOWN AS:
20 (I) ACCU-TEK MODEL 32SS
21 (II) ACCU-TEK MODEL 380SS
22 (III) ACCU-TEK MODEL AT-25
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01622-01-9
A. 3346 2
1 (IV) AMT BACKUP
2 (V) AMT BACKUP II
3 (VI) BERETTA MODEL 21 BOBCAT, .221R
4 (VII) BERETTA MODEL 21 BOBCAT, .25ACP
5 (VIII) BERETTA MODEL 950 JETFIRE
6 (IX) BRYCO MODEL 38, .380ACP
7 (X) BRYCO MODEL J-22
8 (XI) BRYCO MODEL J-25
9 (XII) COLT MUSTANG
10 (XIII) COLT MUSTANG PLUS II
11 (XIV) DAVIS BIG BORE DERRINGER, .32 H&R MAG
12 (XV) DAVIS BIG BORE DERRINGER, .38SPL
13 (XVI) DAVIS D SERIES DERRINGER, .221R
14 (XVII) DAVIS D SERIES DERRINGER, .22WMR
15 (XVIII) DAVIS D SERIES DERRINGER, .25ACP
16 (XIX) DAVIS D SERIES DERRINGER, .32ACP
17 (XX) DAVIS P-32
18 (XXI) DAVIS P-38
19 (XXII) INTRATEC PROTEC 22
20 (XXIII) INTRATEC PROTEC 25
21 (XXIV) KBI PSP 25
22 (XXV) LORCIN L-22
23 (XXVI) LORCIN L-25
24 (XXVII) PHOENIX HP22
25 (XXVIII) PHOENIX HP25
26 (XXIX) PHOENIX RAVEN
27 (XXX) SUNDANCE A-25
28 (XXXI) SUNDANCE BOA
29 (XXXII) SUNDANCE POINT BLANK DERRINGER
30 (XXXIII) TAURUS PT-22
31 (XXXIV) TAURUS PT-25
32 (XXXV) BRYCO 48, .221R
33 (XXXVI) BRYCO 48, .32ACP
34 (XXXVII) BRYCO 48, .380ACP
35 (XXXVIII) BRYCO 59, .380ACP
36 (XXXIX) BRYCO 59, .40 S&W
37 (XL) BRYCO 59, 9MM
38 (XLI) COLT MUSTANG POCKETL
39 (XLII) LORCIN L-32, .32ACP
40 (XLIII) LORCIN L-380, .380ACP
41 (XLIV) LORCIN L-9MM, 9MM
42 S 3. The superintendent of the division of state police, in consulta-
43 tion with the secretary of the treasury and the attorney general of the
44 United States, is directed to conduct ongoing tests and evaluations of
45 pistols and revolvers manufactured in this country to determine whether
46 such weapons satisfy the public safety standards relating to size,
47 design and performance established by the United States bureau of alco-
48 hol, tobacco, and firearms for the importation of firearms under the
49 provisions of the Gun Control Act of 1968 (18 U.S.C. Sect. 921, et
50 seq.). The superintendent shall compile a list of weapons that, when
51 tested and evaluated using these criteria, fail to satisfy these public
52 safety standards. The superintendent shall submit such list to the
53 legislature not later than one year after the effective date of this act
54 and shall submit an updated list of additional weapons, if any, annually
55 thereafter. Such list shall be made public and available upon request
56 provided, however, that the list of firearms compiled by the superinten-
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1 dent shall not have the force and effect of law unless such list, or any
2 part of such list, is thereafter enacted into law as a provision of the
3 penal law.
4 S 4. Section 265.20 of the penal law is amended by adding a new subdi-
5 vision e to read as follows:
6 E. THE TERMS "PISTOL" AND "REVOLVER" AS USED IN PARAGRAPHS THREE,
7 SEVEN-A, SEVEN-B, SEVEN-C, SEVEN-D, NINE, NINE-A, TWELVE, THIRTEEN, AND
8 THIRTEEN-A OF SUBDIVISION A OF THIS SECTION SHALL NOT INCLUDE A DANGER-
9 OUS FIREARM AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF
10 THIS ARTICLE.
11 S 5. Subdivisions 1 and 3 of section 265.01 of the penal law, subdivi-
12 sion 1 as amended by chapter 257 of the laws of 2008 and subdivision 3
13 as amended by chapter 199 of the laws of 2006, are amended to read as
14 follows:
15 (1) He or she possesses any firearm OTHER THAN A DANGEROUS FIREARM,
16 electronic dart gun, electronic stun gun, gravity knife, switchblade
17 knife, pilum ballistic knife, metal knuckle knife, cane sword, billy,
18 blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand
19 bag, sandclub, wrist-brace type slingshot or slungshot, shirken or "Kung
20 Fu star"; or
21 (3) He or she knowingly has in his or her possession a rifle, shotgun
22 or firearm OTHER THAN A DANGEROUS FIREARM in or upon a building or
23 grounds, used for educational purposes, of any school, college or
24 university, except the forestry lands, wherever located, owned and main-
25 tained by the State University of New York college of environmental
26 science and forestry, or upon a school bus as defined in section one
27 hundred forty-two of the vehicle and traffic law, without the written
28 authorization of such educational institution; or
29 S 6. Subdivision 8 of section 265.02 of the penal law, as amended by
30 chapter 764 of the laws of 2005, is amended and a new subdivision 9 is
31 added to read as follows:
32 (8) Such person possesses a large capacity ammunition feeding
33 device[.]; OR
34 (9) SUCH PERSON POSSESSES ANY DANGEROUS FIREARM.
35 S 7. Subdivision 1 of section 265.08 of the penal law, as added by
36 chapter 233 of the laws of 1980, is amended to read as follows:
37 (1) possesses a deadly weapon, INCLUDING A DANGEROUS FIREARM, if the
38 weapon is a loaded weapon from which a shot, readily capable of produc-
39 ing death or other serious injury may be discharged; or
40 S 8. Paragraph (a) of subdivision 1 of section 265.09 of the penal
41 law, as amended by chapter 650 of the laws of 1996, is amended to read
42 as follows:
43 (a) possesses a deadly weapon, INCLUDING A DANGEROUS FIREARM, if the
44 weapon is a loaded weapon from which a shot, readily capable of produc-
45 ing death or other serious injury may be discharged; or
46 S 9. Subdivisions 1 and 2 of section 265.10 of the penal law, as
47 amended by chapter 257 of the laws of 2008, are amended to read as
48 follows:
49 1. Any person who manufactures or causes to be manufactured any
50 machine-gun, assault weapon, large capacity ammunition feeding device,
51 DANGEROUS FIREARM, or disguised gun is guilty of a class D felony. Any
52 person who manufactures or causes to be manufactured any switchblade
53 knife, gravity knife, pilum ballistic knife, metal knuckle knife, billy,
54 blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star,
55 chuka stick, sandbag, sandclub or slungshot is guilty of a class A
56 misdemeanor.
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1 2. Any person who transports or ships any machine-gun, firearm silenc-
2 er, assault weapon or large capacity ammunition feeding device, DANGER-
3 OUS FIREARM, or disguised gun, or who transports or ships as merchandise
4 five or more firearms, is guilty of a class D felony. Any person who
5 transports or ships as merchandise any firearm, other than an assault
6 weapon, switchblade knife, gravity knife, pilum ballistic knife, billy,
7 blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star,
8 chuka stick, sandbag or slungshot is guilty of a class A misdemeanor.
9 S 10. Paragraph 8 of subdivision a of section 265.20 of the penal law,
10 as amended by chapter 189 of the laws of 2000, is amended to read as
11 follows:
12 8. The manufacturer of machine-guns, assault weapons, large capacity
13 ammunition feeding devices, DANGEROUS FIREARMS, disguised guns, pilum
14 ballistic knives, switchblade or gravity knives, billies or blackjacks
15 as merchandise and the disposal and shipment thereof direct to a regu-
16 larly constituted or appointed state or municipal police department,
17 sheriff, policeman or other peace officer, or to a state prison, peni-
18 tentiary, workhouse, county jail or other institution for the detention
19 of persons convicted or accused of crime or held as witnesses in crimi-
20 nal cases, or to the military service of this state or of the United
21 States.
22 S 11. Paragraphs (b), (c) and (d) of subdivision 1 and paragraph (b)
23 and the opening paragraph of paragraph (c) of subdivision 2 of section
24 70.02 of the penal law, paragraph (b) of subdivision 1 and paragraph (b)
25 of subdivision 2 as separately amended by chapters 764 and 765 of the
26 laws of 2005, paragraphs (c) and (d) of subdivision 1 as amended by
27 chapter 7 of the laws of 2007, and the opening paragraph of paragraph
28 (c) of subdivision 2 as amended by chapter 764 of the laws of 2005, are
29 amended to read as follows:
30 (b) Class C violent felony offenses: an attempt to commit any of the
31 class B felonies set forth in paragraph (a); aggravated criminally
32 negligent homicide as defined in section 125.11, aggravated manslaughter
33 in the second degree as defined in section 125.21, aggravated sexual
34 abuse in the second degree as defined in section 130.67, assault on a
35 peace officer, police officer, fireman or emergency medical services
36 professional as defined in section 120.08, gang assault in the second
37 degree as defined in section 120.06, burglary in the second degree as
38 defined in section 140.25, robbery in the second degree as defined in
39 section 160.10, criminal possession of a weapon in the second degree as
40 defined in section 265.03, criminal use of a firearm in the second
41 degree as defined in section 265.08, criminal sale of a firearm in the
42 second degree as defined in section 265.12, criminal sale of a firearm
43 with the aid of a minor as defined in section 265.14, soliciting or
44 providing support for an act of terrorism in the first degree as defined
45 in section 490.15, hindering prosecution of terrorism in the second
46 degree as defined in section 490.30, and criminal possession of a chemi-
47 cal weapon or biological weapon in the third degree as defined in
48 section 490.37, AND CRIMINAL SALE OF A FIREARM TO A MINOR AS DEFINED IN
49 SECTION 265.16.
50 (c) Class D violent felony offenses: an attempt to commit any of the
51 class C felonies set forth in paragraph (b); reckless assault of a child
52 as defined in section 120.02, assault in the second degree as defined in
53 section 120.05, menacing a police officer or peace officer as defined in
54 section 120.18, stalking in the first degree, as defined in subdivision
55 one of section 120.60, rape in the second degree as defined in section
56 130.30, criminal sexual act in the second degree as defined in section
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1 130.45, sexual abuse in the first degree as defined in section 130.65,
2 course of sexual conduct against a child in the second degree as defined
3 in section 130.80, aggravated sexual abuse in the third degree as
4 defined in section 130.66, facilitating a sex offense with a controlled
5 substance as defined in section 130.90, criminal possession of a weapon
6 in the third degree as defined in subdivision five, six, seven [or],
7 eight OR NINE of section 265.02, criminal sale of a firearm in the third
8 degree as defined in section 265.11, intimidating a victim or witness in
9 the second degree as defined in section 215.16, soliciting or providing
10 support for an act of terrorism in the second degree as defined in
11 section 490.10, and making a terroristic threat as defined in section
12 490.20, falsely reporting an incident in the first degree as defined in
13 section 240.60, placing a false bomb or hazardous substance in the first
14 degree as defined in section 240.62, placing a false bomb or hazardous
15 substance in a sports stadium or arena, mass transportation facility or
16 enclosed shopping mall as defined in section 240.63, and aggravated
17 unpermitted use of indoor pyrotechnics in the first degree as defined in
18 section 405.18.
19 (d) Class E violent felony offenses: an attempt to commit any of the
20 felonies of criminal possession of a weapon in the third degree as
21 defined in subdivision five, six, seven [or], eight OR NINE of section
22 265.02 as a lesser included offense of that section as defined in
23 section 220.20 of the criminal procedure law, ATTEMPTED CRIMINAL SALE OF
24 A FIREARM IN THE THIRD DEGREE AS DEFINED IN SECTION 265.11 AS A LESSER
25 INCLUDED OFFENSE OF THAT SECTION AS DEFINED IN SECTION 220.20 OF THE
26 CRIMINAL PROCEDURE LAW, persistent sexual abuse as defined in section
27 130.53, aggravated sexual abuse in the fourth degree as defined in
28 section 130.65-a, falsely reporting an incident in the second degree as
29 defined in section 240.55 and placing a false bomb or hazardous
30 substance in the second degree as defined in section 240.61.
31 (b) Except as provided in paragraph (b-1) of this subdivision, subdi-
32 vision six of section 60.05 and subdivision four of this section, the
33 sentence imposed upon a person who stands convicted of a class D violent
34 felony offense, other than the offense of criminal possession of a weap-
35 on in the third degree as defined in subdivision [four,] five, seven
36 [or], eight, OR NINE of section 265.02 or criminal sale of a firearm in
37 the third degree as defined in section 265.11, must be in accordance
38 with the applicable provisions of this chapter relating to sentencing
39 for class D felonies provided, however, that where a sentence of impri-
40 sonment is imposed which requires a commitment to the state department
41 of correctional services, such sentence shall be a determinate sentence
42 in accordance with paragraph (c) of subdivision three of this section.
43 Except as provided in subdivision six of section 60.05, the sentence
44 imposed upon a person who stands convicted of the class D violent felony
45 offenses of criminal possession of a weapon in the third degree as
46 defined in subdivision [four,] five, seven [or], eight, OR NINE of
47 section 265.02, OR THE CLASS E VIOLENT FELONY OFFENSE OF ATTEMPTED CRIM-
48 INAL SALE OF A FIREARM IN THE THIRD DEGREE AS DEFINED IN SECTION 265.11,
49 criminal sale of a firearm in the third degree as defined in section
50 265.11 or the class E violent felonies of attempted criminal possession
51 of a weapon in the third degree as defined in subdivision [four,] five,
52 seven or eight of section 265.02 must be a sentence to a determinate
53 period of imprisonment, or, in the alternative, a definite sentence of
54 imprisonment for a period of no less than one year, except that:
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1 S 12. Subparagraph (iv) of paragraph (d) of subdivision 5 of section
2 220.10 of the criminal procedure law, as amended by chapter 189 of the
3 laws of 2000, is amended to read as follows:
4 (iv) Where the indictment charges the class D violent felony offenses
5 of criminal possession of a weapon in the third degree as defined in
6 [subdivision four of section 265.02 of the penal law and the provisions
7 of subparagraph (iii) of this paragraph do not apply, or] subdivision
8 five, seven [or], eight, OR NINE of section 265.02 of the penal law,
9 then a plea of guilty must include at least a plea of guilty to a class
10 E violent felony offense.
11 S 13. Subparagraph (v) of paragraph (b) of subdivision 3 of section
12 220.30 of the criminal procedure law, as amended by chapter 189 of the
13 laws of 2000, is amended to read as follows:
14 (v) A plea of guilty, whether to the entire indictment or part of the
15 indictment, for any crime other than a violent felony offense as defined
16 in section 70.02 of the penal law, may not be accepted on the condition
17 that it constitutes a complete disposition of one or more other indict-
18 ments against the defendant wherein is charged the class D violent felo-
19 ny offenses of criminal possession of a weapon in the third degree as
20 defined in subdivision [four,] five, seven [or], eight, OR NINE of
21 section 265.02 of the penal law; provided, however, a plea of guilty,
22 whether to the entire indictment or part of the indictment, for the
23 class A misdemeanor of criminal possession of a weapon in the fourth
24 degree as defined in subdivision one of section 265.01 of the penal law
25 may be accepted on the condition that it constitutes a complete disposi-
26 tion of one or more other indictments against the defendant wherein is
27 charged the class [D] B violent felony offense of criminal possession of
28 a weapon in the [third] SECOND degree as defined in subdivision [four]
29 THREE of section [265.02] 265.03 of the penal law when the defendant has
30 not been previously convicted of a class A misdemeanor defined in the
31 penal law in the five years preceding the commission of the offense.
32 S 14. The opening paragraph of subdivision 2 of section 400.00 of the
33 penal law, as amended by chapter 189 of the laws of 2000, is amended to
34 read as follows:
35 A license for gunsmith or dealer in firearms OTHER THAN DANGEROUS
36 FIREARMS shall be issued to engage in such business. A license for a
37 pistol or revolver, other than an assault weapon or a disguised gun,
38 THAT IS NOT A DANGEROUS FIREARM shall be issued to (a) have and possess
39 in his dwelling by a householder; (b) have and possess in his place of
40 business by a merchant or storekeeper; (c) have and carry concealed
41 while so employed by a messenger employed by a banking institution or
42 express company; (d) have and carry concealed by a justice of the
43 supreme court in the first or second judicial departments, or by a judge
44 of the New York city civil court or the New York city criminal court;
45 (e) have and carry concealed while so employed by a regular employee of
46 an institution of the state, or of any county, city, town or village,
47 under control of a commissioner of correction of the city or any warden,
48 superintendent or head keeper of any state prison, penitentiary, work-
49 house, county jail or other institution for the detention of persons
50 convicted or accused of crime or held as witnesses in criminal cases,
51 provided that application is made therefor by such commissioner, warden,
52 superintendent or head keeper; (f) have and carry concealed, without
53 regard to employment or place of possession, by any person when proper
54 cause exists for the issuance thereof; and (g) have, possess, collect
55 and carry antique pistols which are defined as follows: (i) any single
56 shot, muzzle loading pistol with a matchlock, flintlock, percussion cap,
A. 3346 7
1 or similar type of ignition system manufactured in or before l898, which
2 is not designed for using rimfire or conventional centerfire fixed ammu-
3 nition; and (ii) any replica of any pistol described in clause (i) here-
4 of if such replica--
5 S 15. The superintendent of the division of state police shall under-
6 take the following activities: (a) publicizing the provisions of this
7 act banning the possession and use of dangerous firearms, (b) providing
8 advice to lawful gun owners as to how they can comply with the
9 provisions of this act, and (c) taking such other actions consistent
10 with the purposes of this act which will facilitate compliance with the
11 ban on dangerous firearms and result in the lowest possible cost to
12 lawful gun owners to achieve such compliance.
13 S 16. This act shall take effect on the three hundred sixtieth day
14 after it shall have become a law, provided however, that the division of
15 state police is authorized and directed to immediately conduct testing
16 and evaluations as required in section three of this act and to publi-
17 cize the provisions of this act and assist lawful gun owners as required
18 under section fifteen of this act.
