Bill S1714-2013

Increases the penalties for knowingly possessing a large capacity ammunition feeding device; repealer

Increases the penalties for knowingly possessing a large capacity ammunition feeding device.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1714

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To create an effective deterrent from possessing or selling automatic rifles, machine guns, and high capacity magazines. This bill will increase the penalties for the possession, manufacturing, the disposition, and the sale of assault rifles, machine guns, and high capacity magazines to a class C felony.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1:

Subdivision 8 of section 265.02 of the penal law is repealed.

Section 2: Amends section 265.03 of the penal law and a new subdivision 4 is added to make possession of a large capacity ammunition feeding devices a class C felony.

Section 3: Amends subdivisions 1,2,3,and 6 of section 265.10 of the penal law, increasing penalties for the manufacturing, transport, disposition of such firearms to a class C felony from a class D felony.

Section 4; Amends section 265.11 of the penal law to increase the penalty to a class C felony from a class D felony for the criminal sale of such firearms.

Section 5: this act shall take effect ninety days after it shall become law.

JUSTIFICATION: Gun violence claims the lives of 34 people every day. machine guns, assault rifles, and high capacity magazines are not for hunting and have no legitimate purpose in a civil society. The only motivation for possessing these killing devices is malicious. This legislation will create an enhanced deterrent, making those who buy weapons out of New York State think twice about crossing the borders into New York in possession of one of these firearms or in possession of high capacity magazines.

PRIOR LEGISLATIVE HISTORY: New Legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect ninety days after it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1714 2013-2014 Regular Sessions IN SENATE (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: Section 1. Subdivision 8 of section 265.02 of the penal law is REPEALED. S 2. Subdivision 3 of section 265.03 of the penal law, as amended by chapter 745 of the laws of 2006, is amended and a new subdivision 4 is added to read as follows: (3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business[.]; OR (4) SUCH PERSON POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE. S 3. Subdivisions 1, 2, 3, and 6 of section 265.10 of the penal law, subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008 and subdivisions 3 and 6 as amended by chapter 189 of the laws of 2000, are amended to read as follows: 1. Any person who manufactures or causes to be manufactured any machine-gun, assault weapon, large capacity ammunition feeding device or disguised gun is guilty of a class [D] C felony. Any person who manufac- tures or causes to be manufactured any switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is guilty of a class A misdemeanor. 2. Any person who transports or ships any machine-gun, firearm silenc- er, assault weapon or large capacity ammunition feeding device or
disguised gun, or who transports or ships as merchandise five or more firearms, is guilty of a class [D] C felony. Any person who transports or ships as merchandise any firearm, other than an assault weapon, switchblade knife, gravity knife, pilum ballistic knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a class A misdemeanor. 3. Any person who disposes of any machine-gun, assault weapon, large capacity ammunition feeding device or firearm silencer is guilty of a class [D] C felony. Any person who knowingly buys, receives, disposes of, or conceals a machine-gun, firearm, large capacity ammunition feed- ing device, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, large capacity ammunition feeding device, rifle or shotgun is guilty of a class [D] C felony. 6. Any person who wilfully defaces any machine-gun, large capacity ammunition feeding device or firearm is guilty of a class [D] C felony. S 4. The closing paragraph of section 265.11 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: Criminal sale of a firearm in the third degree is a class [D] C felo- ny. S 5. This act shall take effect on the ninetieth day after it shall have become a law.

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