Bill Text: NY S03341 | 2011-2012 | General Assembly | Introduced

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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) 2011-02-17 - REFERRED TO CODES [S03341 Detail]

Download: New_York-2011-S03341-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3341
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 17, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 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
       S. 3341                             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.