|SAME AS||SAME AS UNI. S02448|
|COSPNSR||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, Rosenthal L, 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, Griffin, Jacobson, McMahon, Reyes, Sayegh, Stern, Buttenschon, Epstein, Rosenthal D|
|MLTSPNSR||Hevesi, Jean-Pierre, Lifton|
|Amd §§265.00, 265.10 & 265.20, add §265.01-c, Pen L|
|Prohibits the possession, manufacture, transport and disposition of rapid-fire modification devices.|
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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 LBD08847-03-9S. 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, largeS. 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.