NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1355
SPONSOR: Simon (MS) TITLE OF BILL:
An act to amend the penal law, in relation to the sale of ammunition for
assault weapons
PURPOSE OR GENERAL IDEA OF BILL:
This bill would limit the sale of ammunition designed for use in assault
weapons to twice the capacity of such weapon(s) to those authorized to
possess said weapon(s) within a one hundred twenty-day period.
SUMMARY OF SPECIFIC PROVISIONS:
New York Penal Law Section 270.00 subdivision (4) prohibits dealers in
firearms from selling ammunition designed for use in an assault weapon
in quantities exceeding twice the capacity of such weapons within a one
hundrea twenty-day period
Section two provides that this act shall take effect immediately.
JUSTIFICATION:
This bill is designed to keep assault weapon ammunition out of the hands
of unlicensed users and to prevent the illegal trafficking of ammuni-
tion. Assault weapons are particularly lethal and have little applica-
tion to time honored sport of hunting game. Rather, the purpose of
assault weapons are to assault. Unfettered purchases of such ammunition
enables stockpiling and further contributes to the growing epidemic of
mass shootings.
PRIOR LEGISLATIVE HISTORY:
2021-2022:A.2126 Simon/S.314 Persaud -referred to codes
2019-2020:A.1724 Simon -referred to codes
2018-2017:A.1215 Simon -referred to codes
2016-2015:A.9340 Simon -referred to codes
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
None
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
1355
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. SIMON, CARROLL, COOK, DINOWITZ, GLICK -- Multi-
Sponsored by -- M. of A. BICHOTTE HERMELYN, COLTON, HYNDMAN, LAVINE,
REYES, WALKER, WILLIAMS -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to the sale of ammunition for
assault weapons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 270.00 of the penal law, as
2 amended by chapter 180 of the laws of 1997, is amended to read as
3 follows:
4 4. Sales of ammunition not prohibited. Nothing contained in this
5 section shall be construed to prevent, or interfere in any way with, the
6 sale of ammunition for revolvers or pistols of any kind, or for rifles,
7 shot guns, or other arms, belonging or which may belong to any persons
8 whether as sporting or hunting weapons or for the purpose of protection
9 to them in their homes, or, as they may go abroad; and manufacturers are
10 authorized to continue to manufacture, and wholesalers and dealers to
11 continue to deal in and freely to sell ammunition to all such persons
12 for such purposes. Provided, however, the sale of ammunition for assault
13 weapons, as defined by subdivision twenty-two of section 265.00 of this
14 title, shall be limited to two times the capacity of an authorized weap-
15 on over a one hundred twenty day period. For purposes of this subdivi-
16 sion, "authorized weapon" shall mean a weapon registered in accordance
17 with subdivision sixteen-a of section 400.00 of this chapter. Notwith-
18 standing any law, rule or regulation to the contrary, the violation of
19 this subdivision shall constitute a class E felony.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01713-01-3
