Bill S2028-2013

Bans the sale, use or possession of 50-caliber weapons

Bans the sale, use or possession of 50-caliber or larger weapons and directs the division of state police to embark on a program whereby persons currently in lawful possession of such weapons may be reimbursed for the fair market value thereof upon turning such weapons in to a designated officer.

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  • Feb 28, 2014: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2028

TITLE OF BILL: An act to amend the penal law and the executive law, in relation to banning the sale, possession or use of 50-caliber weapons

PURPOSE: To ban the possession, sale, and use of 50-caliber weapons in New York State.

SUMMARY OF PROVISIONS:

Section 1 presents legislative findings.

Sections 2 amends section 265.00 of the penal law to add references to 50-caliber weapons to certain definitions.

Section 3 defines 50-caliber weapons and excludes from definition any muzzle loading rifle or shotgun with a rifled bore.

Section 4 amends subdivision 3 of section 265.02 of the penal law to extend criminal possession of a weapon in the third degree to include possession of a 50-caliber weapon.

Section 5 adds a new subdivision 4 to section 265.02 of the penal law to extend criminal possession of a weapon in the third degree to include possession of a 50-caliber weapon.

Section 6 amends section 265.03 of the penal law to include possession of a 50-caliber weapon with intent to use the same - unlawfully against another as criminal possession of a weapon in the second degree.

Section 7 amends the penal law by adding two new sections, 265.45 and 265.46, which create the crimes of criminal use of a 50-caliber weapon in the first and second degree and proscribe penalties therefore.

Section 8 amends subdivision 2 of section 265.08 of the penal law to add the display of a 50-caliber weapon during the commission of a class C violent felony offense to the crime of criminal use of a firearm in the second degree.

Section 9 amends paragraph (b) of subdivision 1 of section 265.09 of the penal law to add the display of a 50-caliber weapon during the commission of a class B violent felony offense to the crime of criminal use of a firearm in the first degree.

Section 10 amends sections 2, 3, and 6 of section 265.10 of the penal law to include the 50-caliber weapon among those weapons it is illegal to transport, ship, dispose of, and deface with illicit purpose.

Section 11 amends subdivisions 1 and 5 of section 265.15 of the penal law. Section 1 is amended to include 50-caliber-weapons among those whose presence is presumptive evidence of possession by those occupying the place where the weapon is found. Section 5 is amended to include the presence of a defaced 50-caliber weapon as presumptive evidence of the weapon's defacement by those occupying the place where the weapon is found.

Section 12 amends paragraph 2 of subdivision a of section 265.20 of the penal law to create exemptions for prison staff.

Section 13 amends paragraph 8 of subdivision a of section 265.20 of the penal law to exempt the manufacture of 50-caliber weapons for the use of law enforcement and prison staff.

Section 14 adds a new subdivision e to section 165.20 of the penal law to further clarify the definition of a 50-caliber weapon.

Sections 15 to 19 amend sections 265.11-14 and 265.16 of the penal law to create the crimes of criminal sale of a 50-caliber weapon in the first, second, and third degrees, as well as criminal sale of a 50-caliber weapon with the aid of a minor and criminal sale of a 50-caliber weapon to a minor.

Sections 20-21 amend the opening paragraph of subdivision 1 of section 55.05 and paragraph (a) of subdivision 1 of section 55.10 of the penal law to create exceptions to felony classifications.

Section 22 orders the state police to take such action as is necessary to ensure compliance with this law and implements procedures to assist individuals in becoming compliant.

Section 23 sets forth the bill's effective date.

JUSTIFICATION: The 50-caliber weapon is one of the most dangerous weapons in the U.S. military's arsenal and perhaps the most dangerous weapon legally available in the state of New York. These rifles are designed to kill human beings and disable machinery at distances of well over a mile. Due to the large size of bullet used by these rifles and the high velocity at which these bullets are fired, the rifle can be extremely accurate at long range when handled by an experienced shooter.

Fifty-caliber weapons are readily available to civilians in gun stores and through the internet, leading to thousands of rifles having been sold throughout the country in the last two decades. It is exactly the benefit of 50-caliber weapons to the military that make them such a potentially dangerous weapon in the wrong hands. A weapon with the

capacity to kill a human at over a mile, pierce body and vehicle armor, and destroy military and civilian infrastructure could cause considerable destruction and havoc if wielded by an assassin or other criminal or terrorist.

Alarmingly, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATP) investigators have found that some of these weapons have ended up in the hands of domestic and international terrorist organizations, international drug traffickers, and violent criminals.

Despite their versatility in war, these rifles have limited lawful purposes. They weigh between twenty and forty pounds and measure almost five feet in length. They are too large and unwieldy for effective home defense and too powerful and destructive for hunting. This bill will ban the possession, sale and use of SO-caliber weapons in order to protect our citizens and the law enforcement personnel who risk their lives to keep us safe.

LEGISLATIVE HISTORY: 2012: S.86/A.5926 (Kavanagh) - Referred to Codes 2011: S.86/A.5926 (Kavanagh - Referred to Codes 2010: S.7854/A.9904 (Kavanagh) - Referred to Codes 2009: A.3211-A (Eddington) - Passed Assembly 2008: A.2772-A (Eddington) - Passed Assembly 2007: A.2772-A (Eddington) - Passed Assembly 2006: A.4471-A (Eddington) - Passed Assembly 2005: A.4471-A (Eddington) - Passed Assembly 2004: A.7039-A (Eddington) - Passed Assembly 2003: A.7039-A (Eddington) - Passed Assembly 2002: A.9452 (Matusow) - Passed Assembly

FISCAL IMPACT ON THE STATE: Minimal costs associated with reimbursement.

EFFECTIVE DATE: This act shall take effect immediately; provided, however, that sections one through twenty-one of this act shall take effect on the thirtieth day after this act shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2028 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the executive law, in relation to banning the sale, possession or use of 50-caliber weapons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and declaration. The legislature here- by finds and declares that 50-caliber or larger weapons having the capacity for rapidly discharging ammunition have no acceptable purpose. The legislature additionally finds and declares that such weapons pose such an imminent threat and danger to the safety and security of the people of this state that it is necessary to ban the possession and use of such weapons. S 2. Subdivisions 8 and 9 of section 265.00 of the penal law, as amended by chapter 189 of the laws of 2000, are amended to read as follows: 8. "Gunsmith" means any person, firm, partnership, corporation or company who engages in the business of repairing, altering, assembling, manufacturing, cleaning, polishing, engraving or trueing, or who performs any mechanical operation on, any firearm, large capacity ammu- nition feeding device, 50-CALIBER WEAPON or machine-gun. 9. "Dealer in firearms" means any person, firm, partnership, corpo- ration or company who engages in the business of purchasing, selling, keeping for sale, loaning, leasing, or in any manner disposing of, any assault weapon, large capacity ammunition feeding device, 50-CALIBER WEAPON, pistol or revolver. S 3. Section 265.00 of the penal law is amended by adding a new subdi- vision 24 to read as follows: 24. "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY OTHER
VARIANT OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF SUCH CALIBER, PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO INCLUDE ANY MUZZLE LOADING RIFLE OR SHOTGUN WITH A RIFLED BORE. S 4. Subdivision 3 of section 265.02 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: (3) Such person knowingly possesses a machine-gun, A 50-CALIBER WEAP- ON, firearm, 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, 50-CALIBER WEAPON, firearm, rifle or shotgun; or S 5. Section 265.02 of the penal law is amended by adding a new subdi- vision 4 to read as follows: (4) SUCH PERSON POSSESSES ANY 50-CALIBER WEAPON; OR S 6. Section 265.03 of the penal law, as amended by chapter 742 of the laws of 2006 and subdivisions 1 and 3 as amended by chapter 745 of the laws of 2006, is amended to read as follows: S 265.03 Criminal possession of a weapon in the second degree. A person is guilty of criminal possession of a weapon in the second degree when SUCH PERSON: (1) [with intent to use the same unlawfully against another, such person: (a)] possesses a machine-gun; or [(b)] (2) possesses a 50-CALIBER WEAPON OR A loaded firearm WITH INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER; or [(c)] (3) possesses a disguised gun WITH INTENT TO USE THE SAME UNLAW- FULLY AGAINST ANOTHER; or [(2) such person] (4) possesses five or more firearms; or [(3)] (5) 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. Criminal possession of a weapon in the second degree is a class C felony. S 7. The penal law is amended by adding two new sections 265.45 and 265.46 to read as follows: S 265.45 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND DEGREE. 1. A PERSON IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND DEGREE WHEN HE OR SHE COMMITS ANY CLASS C VIOLENT FELONY OFFENSE AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER AND HE OR SHE USES A 50-CALIBER WEAPON, AS DEFINED IN SUBDIVI- SION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE, IF THE 50-CALIBER WEAPON IS A LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THE COURT SHALL IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF FIVE YEARS TO THE MINIMUM TERM OF THE INDETERMINATE SENTENCE OR TERM OF THE DETERMINATE SENTENCE IMPOSED ON THE UNDERLYING CLASS C VIOLENT FELONY CONVICTION. NOTWITH- STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE AGGREGATE OF THE FIVE YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS SUBDIVISION AND THE MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE UNDERLYING CLASS C VIOLENT FELONY CONVICTION SHALL CONSTITUTE THE NEW AGGREGATE MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT SUBJECT TO SUCH TERM SHALL BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE
ELIGIBLE FOR RELEASE ON PAROLE OR OTHER DISCRETIONARY RELEASE DURING SUCH TERM. S 265.46 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST DEGREE. 1. A PERSON IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST DEGREE WHEN HE OR SHE COMMITS ANY CLASS A FELONY OFFENSE CONSTI- TUTING MURDER, KIDNAPPING, ARSON, CONSPIRACY OR SALE OF A CONTROLLED SUBSTANCE OR ATTEMPTS TO COMMIT ANY SUCH CLASS A FELONY WHERE SUCH ATTEMPT ALSO CONSTITUTES A CLASS A FELONY, OR ANY CLASS B VIOLENT FELONY OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER AND HE OR SHE USES A 50-CALIBER WEAPON, AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE, IF THE 50-CALIBER WEAPON IS A LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READ- ILY CAPABLE OF PRODUCING DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THE COURT SHALL IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF TEN YEARS TO THE MINIMUM TERM OF THE INDETERMINATE SENTENCE OR TERM OF THE DETERMINATE SENTENCE IMPOSED ON THE UNDERLYING CLASS A OR CLASS B VIOLENT FELONY CONVICTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE AGGRE- GATE OF THE TEN YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS SUBDIVI- SION AND THE MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE UNDERLYING CLASS A OR CLASS B VIOLENT FELONY CONVICTION SHALL CONSTITUTE THE NEW AGGREGATE MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT SUBJECT TO SUCH TERM SHALL BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE ELIGIBLE FOR RELEASE ON PAROLE OR OTHER DISCRE- TIONARY RELEASE DURING SUCH TERM. S 8. Subdivision 2 of section 265.08 of the penal law, as added by chapter 233 of the laws of 1980, is amended to read as follows: (2) displays what appears to be a pistol, revolver, rifle, shotgun, 50-CALIBER WEAPON, machine gun or other firearm. S 9. Paragraph (b) of subdivision 1 of section 265.09 of the penal law, as amended by chapter 650 of the laws of 1996, is amended to read as follows: (b) displays what appears to be a pistol, revolver, rifle, shotgun, 50-CALIBER WEAPON, machine gun or other firearm. S 10. Subdivisions 2, 3 and 6 of section 265.10 of the penal law, subdivision 2 as amended by chapter 257 of the laws of 2008 and subdivi- sions 3 and 6 as amended by chapter 189 of the laws of 2000, are amended to read as follows: 2. Any person who transports or ships any machine-gun, 50-CALIBER WEAPON, firearm silencer, assault weapon or large capacity ammunition feeding device or disguised gun, or who transports or ships as merchan- dise five or more firearms, is guilty of a class D 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 misdemea- nor. 3. Any person who disposes of any machine-gun, assault weapon, large capacity ammunition feeding device, 50-CALIBER WEAPON or firearm silenc- er is guilty of a class D felony. Any person who knowingly buys, receives, disposes of, or conceals a machine-gun, 50-CALIBER WEAPON, firearm, large capacity ammunition feeding 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, 50-CALIBER WEAPON, firearm, large capacity ammunition feed- ing device, rifle or shotgun is guilty of a class D felony. 6. Any person who wilfully defaces any machine-gun, large capacity ammunition feeding device, 50-CALIBER WEAPON or firearm is guilty of a class D felony. S 11. Subdivisions 1 and 5 of section 265.15 of the penal law, subdi- vision 5 as amended by chapter 695 of the laws of 1987, are amended to read as follows: 1. The presence in any room, dwelling, structure or vehicle of any machine-gun OR 50-CALIBER WEAPON is presumptive evidence of its unlawful possession by all persons occupying the place where such machine-gun OR 50-CALIBER WEAPON is found. 5. The possession by any person of a defaced machine-gun, 50-CALIBER WEAPON, firearm, rifle or shotgun is presumptive evidence that such person defaced the same. S 12. Paragraph 2 of subdivision a of section 265.20 of the penal law, as amended by chapter 189 of the laws of 2000, is amended to read as follows: 2. Possession of a machine-gun, large capacity ammunition feeding device, 50-CALIBER WEAPON, firearm, switchblade knife, gravity knife, pilum ballistic knife, billy or blackjack by a warden, superintendent, headkeeper or deputy of a state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or detained as witnesses in criminal cases, in pursuit of official duty or when duly authorized by regulation or order to possess the same. S 13. Paragraph 8 of subdivision a of section 265.20 of the penal law, as amended by chapter 61 of the laws of 2010, is amended to read as follows: 8. The manufacturer of machine-guns, firearm silencers, assault weap- ons, large capacity ammunition feeding devices, 50-CALIBER WEAPONS, disguised guns, pilum ballistic knives, switchblade or gravity knives, billies or blackjacks as merchandise, or as a transferee recipient of the same for repair, lawful distribution or research and development, and the disposal and shipment thereof direct to a regularly constituted or appointed state or municipal police department, sheriff, policeman or other peace officer, or to a state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, or to the military service of this state or of the United States; or for the repair and return of the same to the lawful possessor or for research and development. S 14. Section 265.20 of the penal law is amended by adding a new subdivision e to read as follows: E. THE TERMS "PISTOL," "REVOLVER," "RIFLE," AND "SHOTGUN" AS USED IN PARAGRAPHS THREE THROUGH FIVE, SEVEN THROUGH SEVEN-B, TWELVE, THIRTEEN AND THIRTEEN-A OF SUBDIVISION A OF THIS SECTION SHALL NOT INCLUDE A 50-CALIBER WEAPON AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE. S 15. Section 265.11 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: S 265.11 Criminal sale of a firearm OR 50-CALIBER WEAPON in the third degree. A person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON in the third degree when such person is not authorized pursuant to law
to possess a firearm OR 50-CALIBER WEAPON and such person unlawfully either: (1) sells, exchanges, gives or disposes of a firearm [or], large capacity ammunition feeding device OR 50-CALIBER WEAPON to another person; or (2) possesses a firearm OR 50-CALIBER WEAPON with the intent to sell it. Criminal sale of a firearm OR 50-CALIBER WEAPON in the third degree is a class D felony. S 16. Section 265.12 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: S 265.12 Criminal sale of a firearm OR 50-CALIBER WEAPON in the second degree. A person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON in the second degree when such person: (1) unlawfully sells, exchanges, gives or disposes of to another five or more firearms OR 50-CALIBER WEAPONS; or (2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of five or more firearms OR 50-CALIBER WEAPONS in a period of not more than one year. Criminal sale of a firearm OR 50-CALIBER WEAPON in the second degree is a class C felony. S 17. Section 265.14 of the penal law, as added by chapter 175 of the laws of 1991 and the closing paragraph as amended by chapter 654 of the laws of 1998, is amended to read as follows: S 265.14 Criminal sale of a firearm OR 50-CALIBER WEAPON with the aid of a minor. A person over the age of eighteen years of age is guilty of criminal sale of a [weapon] FIREARM OR 50-CALIBER WEAPON with the aid of a minor when a person under sixteen years of age knowingly and unlawfully sells, exchanges, gives or disposes of a firearm OR 50-CALIBER WEAPON in violation of this article, and such person over the age of eighteen years of age, acting with the mental culpability required for the commission thereof, solicits, requests, commands, importunes or inten- tionally aids such person under sixteen years of age to engage in such conduct. Criminal sale of a firearm OR 50-CALIBER WEAPON with the aid of a minor is a class C felony. S 18. Section 265.13 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: S 265.13 Criminal sale of a firearm OR 50-CALIBER WEAPON in the first degree. A person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON in the first degree when such person: (1) unlawfully sells, exchanges, gives or disposes of to another ten or more firearms OR 50-CALIBER WEAPONS; or (2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of ten or more firearms OR 50-CALIBER WEAPONS in a period of not more than one year. Criminal sale of a firearm OR 50-CALIBER WEAPON in the first degree is a class B felony. S 19. Section 265.16 of the penal law, as added by chapter 600 of the laws of 1992 and the closing paragraph as amended by chapter 654 of the laws of 1998, is amended to read as follows: S 265.16 Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor.
A person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON to a minor when he is not authorized pursuant to law to possess a firearm OR 50-CALIBER WEAPON and he unlawfully sells, exchanges, gives or disposes of a firearm OR 50-CALIBER WEAPON to another person who is or reasonably appears to be less than nineteen years of age who is not licensed pursuant to law to possess a firearm OR 50-CALIBER WEAPON. Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor is a class C felony. S 20. The opening paragraph of subdivision 1 of section 55.05 of the penal law, as amended by chapter 276 of the laws of 1973, is amended to read as follows: [Felonies] EXCEPT FOR THE FELONIES DEFINED IN SECTIONS 265.45 AND 265.46 OF THIS CHAPTER, FELONIES are classified, for the purpose of sentence, into five categories as follows: S 21. Paragraph (a) of subdivision 1 of section 55.10 of the penal law, as amended by chapter 276 of the laws of 1973, is amended to read as follows: (a) [The] EXCEPT FOR THE FELONIES DEFINED IN SECTIONS 265.45 AND 265.46 OF THIS CHAPTER, THE particular classification or subclassifica- tion of each felony defined in this chapter is expressly designated in the section or article defining it. S 22. The executive law is amended by adding a new section 231 to read as follows: S 231. COMPLIANCE WITH THE BAN ON THE SALE, POSSESSION OR USE OF 50-CALIBER WEAPONS. 1. FROM WITHIN AMOUNTS APPROPRIATED THEREFOR, THE DIVISION OF STATE POLICE SHALL TAKE SUCH ACTION AS IS NECESSARY TO IMPLEMENT A PROGRAM WHEREBY PERSONS, INCLUDING DEALERS OF FIREARMS, IN LAWFUL POSSESSION OF 50-CALIBER WEAPONS MAY BRING THEMSELVES INTO COMPLIANCE WITH THE PROVISIONS OF THE PENAL LAW WHICH BANS THE SALE, POSSESSION OR USE OF SUCH WEAPONS. 2. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, ANY LICENSED FIREARM DEALER WHO HAS IN HIS OR HER POSSESSION A NEW 50-CALI- BER WEAPON SHALL BE ENTITLED TO RETURN SUCH WEAPON TO THE DISTRIBUTOR OR MANUFACTURER, AND SHALL BE ENTITLED TO A FULL REFUND, OR CREDIT, IN AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH WEAPON. IN ANY CASE WHERE A DISTRIBUTOR OR MANUFACTURER FAILS OR REFUSES TO SO REFUND OR CREDIT SUCH DEALER, THE DEALER SHALL NOTIFY THE DIVISION OF STATE POLICE, AND IT SHALL IMMEDIATELY NOTIFY THE ATTORNEY GENERAL SO THAT HE OR SHE MAY INTERCEDE AND TAKE SUCH ACTIONS ON BEHALF OF THE DEALER TO SECURE SUCH REFUND OR CREDIT. 3. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, ANY PERSON, INCLUDING A LICENSED FIREARM DEALER, WHO HAS IN HIS OR HER LEGAL POSSESSION A USED 50-CALIBER WEAPON SHALL PERSONALLY DELIVER SUCH WEAPON TO THE DIVISION OF STATE POLICE, AND UPON TRANSFERRING OWNERSHIP AND POSSESSION TO A DULY DESIGNATED OFFICER THEREOF, SHALL BE ENTITLED TO RECEIVE PAYMENT IN AN AMOUNT EQUAL TO THE FAIR MARKET VALUE OF SUCH WEAPON, BUT NOT TO EXCEED EIGHT THOUSAND FIVE HUNDRED DOLLARS. 4. THE DIVISION OF STATE POLICE SHALL TAKE SUCH ACTION, INCLUDING A PUBLIC CAMPAIGN USING THE PRINT MEDIA, TELEVISION, RADIO OR OTHER MEANS TO NOTIFY PERSONS OF THE EXISTENCE OF THE PROGRAM ESTABLISHED IN THIS SECTION. S 23. This act shall take effect immediately; provided, however, that sections one through twenty-one of this act shall take effect on the thirtieth day after this act shall have become a law.

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