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S02448 Summary:

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S02448 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2448                                                  A. 2684
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 24, 2019
                                       ___________
 
        IN  SENATE  -- Introduced by Sens. SEPULVEDA, ADDABBO, BAILEY, BENJAMIN,
          BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
          GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY, KAPLAN, KAVANAGH,
          KENNEDY, KRUEGER, LIU, MAY, MAYER, MONTGOMERY, MYRIE, PARKER, PERSAUD,
          RAMOS, SALAZAR, SANDERS, SAVINO, SERRANO, SKOUFIS, STAVISKY,  STEWART-
          COUSINS, THOMAS -- read twice and ordered printed, and when printed to
          be committed to the Committee on Codes
 
        IN   ASSEMBLY   --  Introduced  by  M.  of  A.  FAHY,  HEASTIE,  LENTOL,
          PEOPLES-STOKES, SIMOTAS, STECK, MOSLEY, McDONALD,  GOTTFRIED,  ABBATE,
          ORTIZ,  NIOU,  ZEBROWSKI,  SOLAGES,  BUCHWALD, LUPARDO, THIELE, SIMON,
          ENGLEBRIGHT, D'URSO, QUART, GALEF, GLICK, DINOWITZ, COLTON,  L. ROSEN-
          THAL,  JAFFEE, WEPRIN, ABINANTI, BRAUNSTEIN, SEAWRIGHT, LAVINE, PERRY,
          PAULIN,  RAMOS,  ARROYO,   PICHARDO,   VANEL,   DE LA ROSA,   HYNDMAN,
          O'DONNELL,  TAYLOR, BLAKE, BICHOTTE, OTIS, BURKE, CRUZ, FRONTUS, GRIF-
          FIN, JACOBSON, McMAHON, REYES, SAYEGH,  STERN,  BUTTENSCHON,  EPSTEIN,
          D. ROSENTHAL  --  Multi-Sponsored by -- M. of A.  HEVESI, JEAN-PIERRE,
          LIFTON -- read once and referred to the Committee on Codes
 
        AN  ACT  to  amend  the  penal  law,  in  relation  to  prohibiting  the
          possession,  manufacture,  transport  and  disposition  of  rapid-fire
          modification devices
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 265.00 of the penal law is amended by adding five
     2  new subdivisions 26, 27, 28, 29, and 30 to read as follows:
     3    26. "Rapid-fire modification device" means  any  bump  stock,  trigger
     4  crank,  binary trigger system, burst trigger system, or any other device
     5  that is designed to accelerate the rate  of  fire  of  a  semi-automatic
     6  firearm, rifle or shotgun.
     7    27.  "Bump  stock"  means  any device or instrument that increases the
     8  rate of fire achievable with a semi-automatic firearm, rifle or  shotgun
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        SA                                                         LBD08847-03-9
        S. 2448                             2                            A. 2684
 
     1  by  using energy from the recoil of the weapon to generate a reciprocat-
     2  ing action that facilitates repeated activation of the trigger.
     3    28.  "Trigger  crank"  means  any device or instrument that repeatedly
     4  activates the trigger of a  semi-automatic  firearm,  rifle  or  shotgun
     5  through  the  use  of a lever or other part that is turned in a circular
     6  motion and thereby accelerates the rate of fire of such  firearm,  rifle
     7  or  shotgun,  provided,  however, that "trigger crank" shall not include
     8  any weapon initially designed and manufactured to fire through  the  use
     9  of a crank or lever.
    10    29.  "Binary  trigger system" means any device that, when installed in
    11  or attached to a semi-automatic firearm rifle, or  shotgun  causes  that
    12  weapon  to fire once when the trigger is pulled and again when the trig-
    13  ger is released.
    14    30. "Burst trigger system" means any device that, when installed in or
    15  attached to a semi-automatic firearm, rifle, or shot  gun,  allows  that
    16  weapon  to discharge two or more shots with a single pull or the trigger
    17  by altering the trigger reset.
    18    § 2. The penal law is amended by adding a new section 265.01-c to read
    19  as follows:
    20  § 265.01-c Criminal possession of a rapid-fire modification device.
    21    A person is guilty of criminal possession of a rapid-fire modification
    22  device when he or she knowingly possesses  any  rapid-fire  modification
    23  device.
    24    Criminal  possession  of a rapid-fire modification device is a class A
    25  misdemeanor.
    26    § 3. Subdivisions 1, 2 and 3 of  section  265.10  of  the  penal  law,
    27  subdivisions  1 and 2 as amended by chapter 257 of the laws of 2008, and
    28  subdivision 3 as amended by chapter 189 of the laws of 2000, are amended
    29  to read as follows:
    30    1. Any person who  manufactures  or  causes  to  be  manufactured  any
    31  machine-gun, assault weapon, large capacity ammunition feeding device or
    32  disguised  gun  is  guilty of a class D felony.  Any person who manufac-
    33  tures or causes to be manufactured any rapid-fire modification device is
    34  guilty of a class E felony. Any person who manufactures or causes to  be
    35  manufactured  any  switchblade  knife,  gravity  knife,  pilum ballistic
    36  knife, metal knuckle knife, billy, blackjack, bludgeon,  plastic  knuck-
    37  les,  metal  knuckles,  Kung  Fu star, chuka stick, sandbag, sandclub or
    38  slungshot is guilty of a class A misdemeanor.
    39    2. Any person who transports or ships any machine-gun, firearm silenc-
    40  er, assault weapon  or  large  capacity  ammunition  feeding  device  or
    41  disguised  gun,  or  who transports or ships as merchandise five or more
    42  firearms, is guilty of a class D felony.  Any person who  transports  or
    43  ships  any rapid-fire modification device is guilty of a class E felony.
    44  Any person who transports or ships as  merchandise  any  firearm,  other
    45  than  an assault weapon, switchblade knife, gravity knife, pilum ballis-
    46  tic knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles,
    47  Kung Fu star, chuka stick, sandbag or slungshot is guilty of a  class  A
    48  misdemeanor.
    49    3.  Any  person who disposes of any machine-gun, assault weapon, large
    50  capacity ammunition feeding device or firearm silencer is  guilty  of  a
    51  class  D  felony. Any person who disposes of any rapid-fire modification
    52  device is guilty of a class E felony. Any  person  who  knowingly  buys,
    53  receives, disposes of, or conceals a machine-gun, firearm, large capaci-
    54  ty  ammunition  feeding  device, rifle or shotgun which has been defaced
    55  for the purpose of concealment or prevention of the detection of a crime
    56  or misrepresenting the identity  of  such  machine-gun,  firearm,  large
        S. 2448                             3                            A. 2684
 
     1  capacity  ammunition  feeding  device,  rifle  or shotgun is guilty of a
     2  class D felony.
     3    §  4.  The opening paragraph of subdivision a of section 265.20 of the
     4  penal law, as amended by section 1 of part FF of chapter 57 of the  laws
     5  of 2013, is amended to read as follows:
     6    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
     7  265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02,
     8  265.03,  265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
     9  265.37 and 270.05 shall not apply to:
    10    § 5. The opening paragraph of paragraph 1 of subdivision a of  section
    11  265.20 of the penal law, as amended by chapter 1041 of the laws of 1974,
    12  is amended to read as follows:
    13    Possession   of   any  of  the  weapons,  instruments,  appliances  or
    14  substances specified  in  sections  265.01,  265.01-c,  265.02,  265.03,
    15  265.04, 265.05 and 270.05 by the following:
    16    §  6.  Paragraphs  2  and  8 of subdivision a of section 265.20 of the
    17  penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and
    18  paragraph 8 as amended by chapter 476 of the laws of 2018,  are  amended
    19  to read as follows:
    20    2.  Possession  of  a  machine-gun,  large capacity ammunition feeding
    21  device, rapid-fire  modification  device,  firearm,  switchblade  knife,
    22  gravity  knife,  pilum  ballistic knife, billy or blackjack by a warden,
    23  superintendent, headkeeper or deputy of a  state  prison,  penitentiary,
    24  workhouse, county jail or other institution for the detention of persons
    25  convicted  or  accused  of  crime  or  detained as witnesses in criminal
    26  cases, in pursuit of official duty or when duly authorized by regulation
    27  or order to possess the same.
    28    8. The manufacturer of machine-guns, firearm silencers, assault  weap-
    29  ons,  large capacity ammunition feeding devices, rapid-fire modification
    30  devices, disguised guns, pilum ballistic knives, switchblade or  gravity
    31  knives, billies or blackjacks as merchandise, or as a transferee recipi-
    32  ent of the same for repair, lawful distribution or research and develop-
    33  ment,  and  the  disposal  and  shipment  thereof  direct to a regularly
    34  constituted or appointed state or municipal police department,  sheriff,
    35  police  officer or other peace officer, or to a state prison, penitenti-
    36  ary, workhouse, county jail or other institution for  the  detention  of
    37  persons  convicted  or accused of crime or held as witnesses in criminal
    38  cases, or to the military service of this state or of the United States;
    39  or for the repair and return of the same to the lawful possessor or  for
    40  research and development.
    41    §  7.  This act shall take effect immediately; provided, however, that
    42  section two of this act shall take effect on the one  hundred  twentieth
    43  day after it shall have become a law.

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