S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          202
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (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 general business law, in  relation
         to banning the possession, sale or manufacture of assault weapons; and
         to  repeal  subdivision 22 of section 265.00 of the penal law relating
         thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  New York state legislature finds that semi-automatic
    2  assault weapons are military-style guns  designed  to  allow  rapid  and
    3  accurate spray firing for the quick and efficient killing of humans. The
    4  shooter  can  simply point - as opposed to carefully aim - the weapon to
    5  quickly spray a wide area with a hail of bullets. Gun manufacturers have
    6  for many years made,  marketed  and  sold  to  civilians  semi-automatic
    7  versions of military assault weapons designed with features specifically
    8  intended  to  increase lethality for military applications. As a result,
    9  approximately 2,000,000 assault weapons are currently in circulation  in
   10  the  United  States. These weapons have been the weapon of choice in the
   11  most notorious mass  shootings  of  innocent  civilians  in  the  United
   12  States,  including  the  1999 massacre at Columbine High School (TEC-DC9
   13  assault pistol and Hi-Point Carbine) and the 2002 Washington,  D.C.-area
   14  sniper shootings (Bushmaster XM15 assault rifle). According to FBI data,
   15  between 1998 and 2001, one in five law enforcement officers slain in the
   16  line  of  duty was killed with an assault weapon. In 2003, New York lost
   17  two of its finest when undercover officers in the elite Firearms  Inves-
   18  tigation  Unit  of the NYPD Organized Crime Control Bureau were brutally
   19  murdered while attempting to purchase an  illegal  TEC-9  semi-automatic
   20  assault weapon. The availability of military-style assault weapons poses
   21  a serious threat to the public health and safety. Most citizens, includ-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00271-01-3
       S. 202                              2
    1  ing  most  gun owners, believe that assault weapons should not be avail-
    2  able for civilian use.
    3    S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and
    4  a new subdivision 22 is added to read as follows:
    5    22. "ASSAULT WEAPON" MEANS ANY:
    6    (A)  SEMI-AUTOMATIC RIFLE THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
    7  MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
    8    (I) A PISTOL GRIP OR THUMBHOLE STOCK;
    9    (II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE  HELD  BY  THE
   10  NON-TRIGGER HAND;
   11    (III) A FOLDING OR TELESCOPING STOCK;
   12    (IV)  A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
   13  ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM  WITH  THE
   14  NON-TRIGGER  HAND  WITHOUT  BEING  BURNED,  BUT  EXCLUDING  A SLIDE THAT
   15  ENCLOSES THE BARREL; OR
   16    (V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;
   17    (B) SEMI-AUTOMATIC PISTOL, OR  ANY  SEMI-AUTOMATIC,  CENTERFIRE  RIFLE
   18  WITH  A  FIXED  MAGAZINE,  THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN
   19  ROUNDS OF AMMUNITION;
   20    (C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
   21  MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
   22    (I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN  BE  HELD  BY  THE
   23  NON-TRIGGER HAND;
   24    (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
   25    (III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
   26  ENCIRCLES  THE  BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
   27  NON-TRIGGER HAND WITHOUT  BEING  BURNED,  BUT  EXCLUDING  A  SLIDE  THAT
   28  ENCLOSES THE BARREL;
   29    (IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR
   30    (V)  THE  CAPACITY  TO  ACCEPT  A  DETACHABLE MAGAZINE AT ANY LOCATION
   31  OUTSIDE OF THE PISTOL GRIP;
   32    (D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:
   33    (I) A PISTOL GRIP, A THUMBHOLE STOCK OR A VERTICAL HANDGRIP;
   34    (II) A FOLDING OR TELESCOPING STOCK;
   35    (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR
   36    (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;
   37    (E) SHOTGUN WITH A REVOLVING CYLINDER; OR
   38    (F) CONVERSION KIT, PART, OR  COMBINATION  OF  PARTS,  FROM  WHICH  AN
   39  ASSAULT  WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR
   40  UNDER THE CONTROL OF THE SAME PERSON.
   41    (G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES,  DETERMINED  BY
   42  RULES  AND  REGULATIONS  OF THE SUPERINTENDENT OF STATE POLICE TO BE NOT
   43  PARTICULARLY SUITABLE FOR SPORTING PURPOSES.  IN  ADDITION,  THE  SUPER-
   44  INTENDENT  OF  STATE  POLICE  SHALL, BY RULES AND REGULATIONS, DESIGNATE
   45  SPECIFIC SEMI-AUTOMATIC CENTERFIRE OR RIMFIRE RIFLES  OR  SEMI-AUTOMATIC
   46  SHOTGUNS,  IDENTIFIED  BY  MAKE,  MODEL,  AND MANUFACTURER'S NAME, TO BE
   47  WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTENDENT OF  STATE
   48  POLICE  DETERMINES  THAT  SUCH WEAPONS ARE NOT PARTICULARLY SUITABLE FOR
   49  SPORTING PURPOSES. A LIST OF  ASSAULT  WEAPONS,  AS  DETERMINED  BY  THE
   50  SUPERINTENDENT  OF  STATE  POLICE,  SHALL BE MADE AVAILABLE ON A REGULAR
   51  BASIS TO THE GENERAL PUBLIC.
   52    PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS
   53  BEEN RENDERED PERMANENTLY INOPERABLE.
   54    S 3. Section 265.00 of the penal law is amended  by  adding  four  new
   55  subdivisions 24, 25, 26 and 27 to read as follows:
       S. 202                              3
    1    24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE THAT CAN
    2  BE  INSERTED  INTO  A  FIREARM  INCLUDING ANY FEEDING DEVICE THAT CAN BE
    3  LOADED OR UNLOADED WHILE DETACHED FROM THE FIREARM.
    4    25.  "MUZZLE  BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON
    5  THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL.
    6    26. "MUZZLE COMPENSATOR" MEANS A DEVICE ATTACHED TO THE  MUZZLE  OF  A
    7  WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT.
    8    27.  "FIXED MAGAZINE" MEANS AN AMMUNITION FEEDING DEVICE CONTAINED IN,
    9  OR PERMANENTLY ATTACHED TO, A FIREARM IN SUCH A MANNER THAT  THE  DEVICE
   10  CANNOT BE REMOVED WITHOUT DISASSEMBLY OF THE FIREARM ACTION.
   11    S 4. Section 265.20 of the penal law is amended by adding a new subdi-
   12  vision e to read as follows:
   13    E.  POSSESSION  OF  AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY
   14  CONTROLLED BY THE PERSON,  OR  WHILE  ON  THE  PREMISES  OF  A  LICENSED
   15  GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL
   16  USE  OF  THE  ASSAULT  WEAPON  AT A DULY LICENSED FIRING RANGE, OR WHILE
   17  TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED
   18  SUCH WEAPON PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN AND WHO, PRIOR  TO
   19  OCTOBER FIRST, TWO THOUSAND FIFTEEN:
   20    1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR
   21    2.  SURRENDERS  THE  ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT
   22  AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVI-
   23  SION A OF THIS SECTION; OR
   24    3.  REGISTERS  THE  ASSAULT  WEAPON  AS  PROVIDED FOR IN SECTION THREE
   25  HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW.
   26    S 5. The general business law is amended by adding a new section  396-
   27  ff to read as follows:
   28    S  396-FF.  RULES AND REGULATIONS.  THE DIVISION OF STATE POLICE SHALL
   29  NO LATER THAN JULY FIRST, TWO THOUSAND  FIFTEEN,  PROMULGATE  RULES  AND
   30  REGULATIONS  FOR THE ADDITION OF INFORMATION IDENTIFYING ASSAULT WEAPONS
   31  LAWFULLY POSSESSED PRIOR TO JANUARY FIRST, TWO THOUSAND FIFTEEN  TO  THE
   32  DATABANK  ESTABLISHED BY THIS SECTION. SUCH RULES AND REGULATIONS SHALL,
   33  AT A MINIMUM, SPECIFY PROCEDURES BY WHICH THE OWNER OF AN ASSAULT WEAPON
   34  LAWFULLY POSSESSED PRIOR TO JULY  FIRST,  TWO  THOUSAND  FIFTEEN  IS  TO
   35  DELIVER  AN  ASSAULT  WEAPON  AND  VERIFICATION  OF  A  BACKGROUND CHECK
   36  REQUIRED BY 18 USC S 922 TO THE REGIONAL PROGRAM FOR TESTING AND  PROMPT
   37  RETURN. UPON RECEIPT OF THE SEALED CONTAINER AND INSPECTION OF A CERTIF-
   38  ICATE  PROVING  THAT A BACKGROUND CHECK HAS BEEN CONDUCTED AND THE OWNER
   39  IS NOT PROHIBITED FROM POSSESSING  A  FIREARM,  THE  DIVISION  OF  STATE
   40  POLICE  SHALL  CAUSE  TO BE ENTERED IN THE AUTOMATED ELECTRONIC DATABANK
   41  PERTINENT DATA, INCLUDING BALLISTIC INFORMATION RELEVANT TO  IDENTIFICA-
   42  TION  OF  THE  SHELL  CASING AND TO THE ASSAULT WEAPON FROM WHICH IT WAS
   43  DISCHARGED, AND THE DATE AND PLACE OF THE BACKGROUND CHECK AND THE  NAME
   44  OF THE INDIVIDUAL WHO CONDUCTED SUCH BACKGROUND CHECK.
   45    S  6.  Severability.  If  any provision or term of this act is for any
   46  reason declared unconstitutional or invalid or ineffective by any  court
   47  of  competent  jurisdiction, such decision shall not affect the validity
   48  or the effectiveness of the remaining portions of this act or  any  part
   49  thereof.
   50    S  7. This act shall take effect July 1, 2015; provided that the divi-
   51  sion of state police is authorized to promulgate any and all  rules  and
   52  regulations  and take any other measures necessary to implement this act
   53  on its effective date on or before such date.