Exempts manufacturers of firearm silencers from being charged under certain sections of the penal law in certain situations.
BILL NUMBER: S2721
TITLE OF BILL :
An act to amend the penal law, in relation to exempting the manufacturers of firearm silencers from certain provisions of such law
This bill will permit New York manufacturers, where properly licensed, to manufacture, possess, transport, repair and dispose of firearm suppressors for governmental use only.
SUMMARY OF PROVISIONS :
The bill would include firearm silencers within the current exemption for manufacture and sale of certain firearms which are otherwise prohibited in New York State, where such weapons are manufactured and sold to various state and local police departments. It would also permit New York manufacturers to repair such weapons.
EXISTING LAW :
Under current law, and in the absence of an existing defense contract with the federal government, it is unlawful for a duly licensed gun manufacturer to manufacture, possess, transport, and dispose of firearm suppressors within the state of New York. Under current law, manufacturers of machine guns, assault weapons, switchblades and other dangerous instrumentalities can manufacture, possess and sell these items as merchandise to state, local and federal police and military authorities.
This bill is a technical amendment to the provision of law which authorizes the manufacture and sale of various dangerous instruentalities to law enforcement and the military. The current law fails to allow the manufacture and sale of firearm suppressors to law enforcement in the state of New York. Current law also prohibits New York manufacturers from repairing such weapons.
LEGISLATIVE HISTORY : 2008: S.7661-A/A.11847.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2721 2009-2010 Regular Sessions IN SENATE February 27, 2009 ___________Introduced by Sens. VOLKER, GRIFFO, SEWARD -- 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 exempting the manufactur- ers of firearm silencers from certain provisions of such law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 8 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: 8. The manufacturer of machine-guns, FIREARM SILENCERS, assault weap- ons, large capacity ammunition feeding devices, 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 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03786-01-9