Relates to the definition of large capacity ammunition feeding device for purposes of the offense of criminal possession of a weapon in the third degree.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10428A
SPONSOR: Rules (Peoples-Stoke TITLE OF BILL:
An act to amend the penal law, in relation to the definition of large
capacity ammunition feeding device for purposes of the offense of crimi-
nal possession of a weapon in the third degree; and to repeal section
265.36 of the penal law relating to unlawful possession of a large
capacity ammunition feeding device
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to close a loophole in the penal law related
to large capacity ammunition feeding devices.
SUMMARY OF PROVISIONS:
Section 1 removes the exemption for large capacity ammunition feeding
devices manufactured before 1994 or possessed before 2013 from Penal Law
§ 265.00, within the definition of assault weapon.
Section 2 removes the exemption from the definition of a large capacity
ammunition feeding device.
Section 3 repeals Penal Law § 265.36, which prohibits the possession of
large capacity ammunition feeding devices manufactured prior to 1994.
Section 4 provides for an immediate effective date.
JUSTIFICATION:
In New York, possession of large capacity ammunition feeding devices is
illegal, but the prohibition is split between two provisions of the
Penal Law. Penal Law § 265.00 defines devices to exclude manufactured
after 1994,while Penal Law § 265.36 prohibits devices manufactured
before 1994. Although this creates a total ban on paper, in practice it
requires prosecutors to unnecessarily prove the date of manufacture of
the device, which is often impossible. This has led prosecutors to drop
cases against alleged offenders of this law. This bill will simplify
the law by consolidating the provisions banning large capacity ammuni-
tion feeding devices into a single section of the Penal Law.
The horrific act of domestic terrorism committed on innocent people in
Buffalo, NY on May 14, 2022, further highlights the need for this legis-
lation.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately, provided that sections one, two,
and three shall take effect 30 days after it shall have become a law and
section 4 shall take effect 90 days after it shall have become a law.
