Bill Text: NY A05300 | 2017-2018 | General Assembly | Amended

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Bill Title: Removes the prohibition on firearm silencers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A05300 Detail]

Download: New_York-2017-A05300-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5300--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2017
                                       ___________
        Introduced by M. of A. NORRIS -- read once and referred to the Committee
          on  Environmental  Conservation -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        AN ACT to amend the environmental conservation law and the penal law  in
          relation  to  removing  prohibition  on  possession and use of firearm
          silencers
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1  of  section  11-0931 of the environmental
     2  conservation law, the opening paragraph and subparagraph 1 of  paragraph
     3  c  as  amended by chapter 135 of the laws of 1982, is amended to read as
     4  follows:
     5    1. No person except a law enforcement officer in  the  performance  of
     6  his  official  duties  shall  use in hunting or possess in the fields or
     7  forests or on the waters of the state for any purpose:
     8    a. [the apparatus known as a silencer;
     9    b.] any automatic firearm, or any firearm which has been converted  to
    10  an  automatic  type,  or  any  firearm  which  has a built-in mechanical
    11  adjustment which will permit it to function as an automatic arm; or
    12    [c.] b. any auto-loading firearm of a  construction  to  contain  more
    13  than six shells in the magazine and chamber combined, except
    14    (1) such a firearm using twenty-two caliber rim-fire ammunition, or
    15    (2) such a firearm which has been altered so as to reduce its capacity
    16  to  not  more  than  six  shells at one time in the magazine and chamber
    17  combined, or
    18    (3) an auto-loading pistol having a barrel less than eight  inches  in
    19  length.
    20    [d.  An] c. an automatic firearm is defined as one which will continue
    21  to fire as long as the trigger is held back. An auto-loading firearm  is
    22  defined  as  one  which reloads itself after each shot and requires that
    23  the trigger be pulled back for each shot.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04902-03-7
        A. 5300--A                          2
     1    § 2. Paragraphs (a) and (c) of subdivision 22 of section 265.00 of the
     2  penal law, as added by chapter 1 of the laws of  2013,  are  amended  to
     3  read as follows:
     4    (a)  a  semiautomatic rifle that has an ability to accept a detachable
     5  magazine and has at least one of the following characteristics:
     6    (i) a folding or telescoping stock;
     7    (ii) a pistol grip that protrudes conspicuously beneath the action  of
     8  the weapon;
     9    (iii) a thumbhole stock;
    10    (iv)  a  second  handgrip or a protruding grip that can be held by the
    11  non-trigger hand;
    12    (v) a bayonet mount;
    13    (vi) [a flash suppressor, muzzle break, muzzle compensator, or thread-
    14  ed barrel designed to accommodate a flash suppressor, muzzle  break,  or
    15  muzzle compensator;
    16    (vii)] a grenade launcher; or
    17    (c)  a semiautomatic pistol that has an ability to accept a detachable
    18  magazine and has at least one of the following characteristics:
    19    (i) a folding or telescoping stock;
    20    (ii) a thumbhole stock;
    21    (iii) a second handgrip or a protruding grip that can be held  by  the
    22  non-trigger hand;
    23    (iv)  capacity  to  accept an ammunition magazine that attaches to the
    24  pistol outside of the pistol grip;
    25    (v) [a threaded barrel capable of accepting a barrel  extender,  flash
    26  suppressor, forward handgrip, or silencer;
    27    (vi)]  a shroud that is attached to, or partially or completely encir-
    28  cles, the barrel and that permits the shooter to hold the  firearm  with
    29  the non-trigger hand without being burned;
    30    [(vii)]  (vi)  a  manufactured weight of fifty ounces or more when the
    31  pistol is unloaded; or
    32    [(viii)] (vii) a semiautomatic version of an automatic rifle,  shotgun
    33  or firearm;
    34    §  3.  Subdivision 2 of section 265.02 of the penal law, as amended by
    35  chapter 764 of the laws of 2005, is amended to read as follows:
    36    (2) Such person possesses any explosive or incendiary bomb, bombshell,
    37  [firearm silencer,] machine-gun or any other firearm or weapon  simulat-
    38  ing  a machine-gun and which is adaptable for such use. An individual in
    39  lawful possession of a device that will silence, suppress, or muffle the
    40  sound or natural report of a firearm when the firearm is discharged  may
    41  use  such  device to hunt any game for which the individual is licensed,
    42  provided the host firearm to which the device is attached is allowed; or
    43    § 4. This act shall take effect immediately.