Bill Text: NY S01714 | 2013-2014 | General Assembly | Introduced
Bill Title: Increases the penalties for knowingly possessing a large capacity ammunition feeding device.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S01714 Detail]
Download: New_York-2013-S01714-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1714 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. ESPAILLAT, AVELLA, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to increasing penalties for the sale and possession of weapons; and to repeal certain provisions of law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 8 of section 265.02 of the penal law is 2 REPEALED. 3 S 2. Subdivision 3 of section 265.03 of the penal law, as amended by 4 chapter 745 of the laws of 2006, is amended and a new subdivision 4 is 5 added to read as follows: 6 (3) such person possesses any loaded firearm. Such possession shall 7 not, except as provided in subdivision one or seven of section 265.02 of 8 this article, constitute a violation of this subdivision if such 9 possession takes place in such person's home or place of business[.]; OR 10 (4) SUCH PERSON POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE. 11 S 3. 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, large capacity ammunition feeding device or 17 disguised gun is guilty of a class [D] C felony. Any person who manufac- 18 tures or causes to be manufactured any switchblade knife, gravity knife, 19 pilum ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, 20 plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag, 21 sandclub or slungshot is guilty of a class A misdemeanor. 22 2. Any person who transports or ships any machine-gun, firearm silenc- 23 er, assault weapon or large capacity ammunition feeding device or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05301-01-3 S. 1714 2 1 disguised gun, or who transports or ships as merchandise five or more 2 firearms, is guilty of a class [D] C felony. Any person who transports 3 or ships as merchandise any firearm, other than an assault weapon, 4 switchblade knife, gravity knife, pilum ballistic knife, billy, 5 blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, 6 chuka stick, sandbag or slungshot is guilty of a class A misdemeanor. 7 3. Any person who disposes of any machine-gun, assault weapon, large 8 capacity ammunition feeding device or firearm silencer is guilty of a 9 class [D] C felony. Any person who knowingly buys, receives, disposes 10 of, or conceals a machine-gun, firearm, large capacity ammunition feed- 11 ing device, rifle or shotgun which has been defaced for the purpose of 12 concealment or prevention of the detection of a crime or misrepresenting 13 the identity of such machine-gun, firearm, large capacity ammunition 14 feeding device, rifle or shotgun is guilty of a class [D] C felony. 15 6. Any person who wilfully defaces any machine-gun, large capacity 16 ammunition feeding device or firearm is guilty of a class [D] C felony. 17 S 4. The closing paragraph of section 265.11 of the penal law, as 18 amended by chapter 764 of the laws of 2005, is amended to read as 19 follows: 20 Criminal sale of a firearm in the third degree is a class [D] C felo- 21 ny. 22 S 5. This act shall take effect on the ninetieth day after it shall 23 have become a law.