Bill S4039A-2013

Exempts off-duty police officers and peace officers and retired police officers and peace officers from provisions pertaining to large capacity ammunition feeding devices

Exempts off-duty police officers and peace officers and retired police officers and peace officers from provisions pertaining to large capacity ammunition feeding devices.

Details

Actions

  • Mar 11, 2013: PRINT NUMBER 4039A
  • Mar 11, 2013: AMEND (T) AND RECOMMIT TO CODES
  • Mar 5, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S4039A

TITLE OF BILL: An act to amend the penal law, in relation to exemptions pertaining to large capacity ammunition feeding devices and off-duty and retired police officers and peace officers

PURPOSE: To ensure the right of off-duty and retired police officers and peace officers to retain possession of their weapons, including large capacity ammunition feeding devices with more than seven rounds of ammunition.

SUMMARY OF PROVISIONS: This bill seeks to ensure that provisions of the Safe Act do not repeal the rights of off-duty and retired police officers and peace officers ( as defined in subdivision 34 of section 1.20 of the criminal procedure law and section 2.10, respectively) to possess and carry large capacity ammunition feeding devices with more than seven rounds of bullets.

EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would not leave to interpretation provisions of the Safe Act that might adversely impact the rights of off-duty and retired police and peace officers to carry high capacity ammunition feeding devices with more than seven rounds of ammunition.

JUSTIFICATION:

A number of incidents against off-duty law enforcement officers have resulted in fatalities or permanent injuries. Technology and social media have made the location individuals more accessible and as a consequence more vulnerable to potential attacks. While the Safe Act seeks to ensure that weapons more suitable for warfare are taken off the street, and that in depth checks are conducted to ensure that that the law abiding, responsible and mentally stable have legal access to certain weapons, it cannot be denied that the availability of certain high capacity weaponry will still be available to the criminal element in our society, making law enforcement officers vulnerable to attack. The playing field needs to be equal between law enforcement and the criminals.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATION:

NA

EFFECTIVE DATE:

§2. This act shall take effect on the same date and in the same manner as paragraphs (b) and (c) of subdivision 23 of section 265.00 of the penal law, as amended by section 38 of chapter 1 of the laws of 2013, takes effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 4039--A 2013-2014 Regular Sessions IN SENATE March 5, 2013 ___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to exemptions pertaining to large capacity ammunition feeding devices and off-duty and retired police officers and peace officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 265.20 of the penal law is amended by adding a new paragraph 11-a to read as follows: 11-A. POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION OR IS OBTAINED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH AND HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT, MORE THAN SEVEN ROUNDS OF AMMUNITION, BY AN OFF-DUTY POLICE OFFICER OR PEACE OFFICER, OR A RETIRED POLICE OFFICER OR PEACE OFFICER, AS "POLICE OFFICER" IS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW AND "PEACE OFFICER" IS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW. S 2. This act shall take effect on the same date and in the same manner as paragraphs (b) and (c) of subdivision 23 of section 265.00 of the penal law, as amended by section 38 of chapter 1 of the laws of 2013, take effect.

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