Bill S4990-2013

Creates the "defend our homes act"; authorizes the possession of a magazine with more than 7 rounds but less than 11 rounds in a person's home; repealer

Creates the "Defend Our Homes act"; authorizes the possession of a magazine with more than 7 rounds but less than 11 rounds in a person's home.

Details

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  • Jan 8, 2014: REFERRED TO CODES
  • May 2, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S4990          REVISED MEMO 01/06/2014

TITLE OF BILL: An act to amend the penal law, in relation to establishing the "defend our homes act" providing exemptions for ammunition feeding device capacity in homes; and to repeal certain provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

Provides an exemption to the ammunition feeding device limit to less than 10 rounds in the confines of the possessor's home and repeals Section 265.37 of the penal law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Titles this act as the "Defend Our Homes Act".

Section 2. Provides an exemption to the penal law, under Section 265.20, to allow for the possession of a magazine or ammunition feeding device with more than 7 rounds and not more than 10 rounds, stored in a safe storage depository, in the home of the possessor.

Section 3. Repeals Section 265.37 of the penal law.

Section 4. Effective date and deems to have been in full force as of March 16, 2013.

JUSTIFICATION:

The arbitrary round limit for ammunition feeding devices imposed by the NY SAFE Act has no practical basis for existence. Therefore, for the purposes of defense within one's home, this legislation would allow the possessor to resume the previous 10 round limit for ammunition feeding devices, within the confines of one's home. In order to prevent the misuse of such allowance, like any firearm, it must be stored in a safe storage depository. The restoration of the 10 round limitation is a reasonable round limit and provides the possessor with reassurance in the event they should need to protect themselves or their property.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately and shall be deemed to have been in full force and effect on March 16, 2013.


Text

STATE OF NEW YORK ________________________________________________________________________ 4990 2013-2014 Regular Sessions IN SENATE May 2, 2013 ___________
Introduced by Sen. BOYLE -- 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 establishing the "defend our homes act" providing exemptions for ammunition feeding device capacity in homes; and to repeal certain provisions of such law relat- ing thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "defend our homes act". S 2. Subdivision a of section 265.20 of the penal law is amended by adding a new paragraph 3-a to read as follows: 3-A. POSSESSION OF A MAGAZINE OR SIMILAR AMMUNITION FEEDING DEVICE THAT CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION, BUT THAT DOES NOT HAVE A CAPACITY OF OR CAN READILY BE RESTORED OR CONVERTED TO ACCEPT MORE THAN TEN ROUNDS, IN A SAFE STORAGE DEPOSITORY, AS DEFINED IN SECTION 265.45 OF THIS ARTICLE, IN THE HOME OF THE POSSESSOR FOR THE PROTECTION OF A PERSON OR PROPERTY. S 3. The second undesignated paragraph of section 265.37 of the penal law is REPEALED. S 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on March 16, 2013.

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