Bill Text: NY A05872 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 5872 (Prior Session Legislation)

Introduced

Bill Title: Directs the superintendent of state police to identify firearms which are not readily detectable by standard security equipment and promulgate necessary rules and regulations; prohibits the possession or use of such firearms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-03 - enacting clause stricken [A05872 Detail]

Download: New_York-2011-A05872-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5872
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 2, 2011
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to amend the penal law, in relation to prohibiting firearms not
         readily detectable by standard security equipment
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 265.02 of the penal law is amended by adding a new
    2  subdivision 4 to read as follows:
    3    (4) HE OR SHE KNOWINGLY POSSESSES ANY  FIREARM  PREDETERMINED  BY  THE
    4  SUPERINTENDENT OF STATE POLICE TO BE NOT READILY DETECTABLE AS A FIREARM
    5  IN  EITHER  ITS ASSEMBLED OR DISASSEMBLED STATE BY THE STANDARD SECURITY
    6  EQUIPMENT COMMONLY USED AT AIRPORTS, PRISONS OR OTHER SECURE FACILITIES.
    7  THE SUPERINTENDENT OF STATE POLICE SHALL PROMULGATE STANDARDS, RULES AND
    8  REGULATIONS TO IMPLEMENT THIS SUBDIVISION, WHICH SHALL INCLUDE A LIST OF
    9  THOSE FIREARMS DETERMINED TO BE VIOLATIVE OF THIS SUBDIVISION. SUCH LIST
   10  SHALL BE MADE PUBLIC AND AVAILABLE UPON REQUEST; OR
   11    S 2. Subdivision 3 of section 265.03 of the penal law, as  amended  by
   12  chapter  745  of the laws of 2006, is amended and a new subdivision 4 is
   13  added to read as follows:
   14    (3) such person possesses any loaded firearm.  Such  possession  shall
   15  not, except as provided in subdivision one or seven of section 265.02 of
   16  this  article,  constitute  a  violation  of  this  subdivision  if such
   17  possession takes place in such person's home or place of business[.]; OR
   18    (4) SUCH PERSON POSSESSES A FIREARM LISTED BY  THE  SUPERINTENDENT  OF
   19  STATE  POLICE  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION 265.02 OF THIS
   20  ARTICLE.
   21    S 3. Subdivisions 1 and 2 of section  265.10  of  the  penal  law,  as
   22  amended  by  chapter  257  of  the  laws of 2008, are amended to read as
   23  follows:
   24    1. Any person who  manufactures  or  causes  to  be  manufactured  any
   25  machine-gun,  assault  weapon,  large capacity ammunition feeding device
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06515-01-1
       A. 5872                             2
    1  [or], disguised gun OR FIREARM LISTED BY  THE  SUPERINTENDENT  OF  STATE
    2  POLICE PURSUANT TO SUBDIVISION FOUR OF SECTION 265.02 OF THIS ARTICLE is
    3  guilty  of a class D felony. Any person who manufactures or causes to be
    4  manufactured  any  switchblade  knife,  gravity  knife,  pilum ballistic
    5  knife, metal knuckle knife, billy, blackjack, bludgeon,  plastic  knuck-
    6  les,  metal  knuckles,  Kung  Fu star, chuka stick, sandbag, sandclub or
    7  slungshot is guilty of a class A misdemeanor.
    8    2. Any person who transports or ships any machine-gun, firearm silenc-
    9  er, assault weapon or large capacity  ammunition  feeding  device  [or],
   10  disguised  gun,  FIREARM  LISTED  BY  THE SUPERINTENDENT OF STATE POLICE
   11  PURSUANT TO SUBDIVISION FOUR OF SECTION 265.02 OF THIS ARTICLE,  or  who
   12  transports or ships as merchandise five or more firearms, is guilty of a
   13  class  D  felony.  Any person who transports or ships as merchandise any
   14  firearm, other than an assault weapon, switchblade knife, gravity knife,
   15  pilum ballistic knife, billy,  blackjack,  bludgeon,  plastic  knuckles,
   16  metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guil-
   17  ty of a class A misdemeanor.
   18    S 4. This act shall take effect on the one hundred twentieth day after
   19  it shall have become a law, except that any rules and regulations neces-
   20  sary  for  the  timely  implementation of this act on its effective date
   21  shall be promulgated on or before such date.