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A05482 Summary:

BILL NOA05482
 
SAME ASNo Same As
 
SPONSORMaher
 
COSPNSRBrown E, Bendett, Brabenec, McDonough, Flood, Hawley, Angelino
 
MLTSPNSR
 
Rpld §265.00 sub 22 ¶(h), §265.37, amd §§265.00 & 265.20, Pen L
 
Removes ammunition capacity set forth in the NY SAFE ACT of 2013; repeals certain provisions relating to the unlawful possession of ammunition or ammunition feeding devices.
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A05482 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5482
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 13, 2023
                                       ___________
 
        Introduced  by M. of A. MAHER -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law, in relation  to  ammunition  capacity  in
          firearms;  and  to repeal certain provisions of the penal law relating
          to possession of ammunition and ammunition feeding devices

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (h) of subdivision 22 of section 265.00 of the
     2  penal law is REPEALED.
     3    § 2. Subdivision 23 of section 265.00 of the penal law, as amended  by
     4  chapter 209 of the laws of 2022, is amended to read as follows:
     5    23. "Large capacity ammunition feeding device" means a magazine, belt,
     6  drum, feed strip, or similar device, that has a capacity of, or that can
     7  be  readily  restored  or  converted  to accept, more than ten rounds of
     8  ammunition; provided, however,  that  such  term  does  not  include  an
     9  attached  tubular  device  designed  to accept, and capable of operating
    10  only with, .22 caliber rimfire ammunition [or a feeding device that is a
    11  curio or relic. A feeding device that is a curio or relic is defined  as
    12  a  device  that  (i)  was manufactured at least fifty years prior to the
    13  current date, (ii) is only  capable  of  being  used  exclusively  in  a
    14  firearm,  rifle,  or  shotgun that was manufactured at least fifty years
    15  prior to the current date, but not including replicas thereof, (iii)  is
    16  possessed by an individual who is not prohibited by state or federal law
    17  from  possessing  a  firearm and (iv) is registered with the division of
    18  state police pursuant to subdivision sixteen-a of section 400.00 of this
    19  chapter, except such feeding devices transferred into the state  may  be
    20  registered  at any time, provided they are registered within thirty days
    21  of their transfer into  the  state.  Notwithstanding  paragraph  (h)  of
    22  subdivision  twenty-two  of  this  section,  such feeding devices may be
    23  transferred  provided  that  such  transfer  shall  be  subject  to  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09207-01-3

        A. 5482                             2

     1  provisions  of  section  400.03  of  this  chapter  including  the check
     2  required to be conducted pursuant to such section].
     3    §  3.  The opening paragraph of subdivision a of section 265.20 of the
     4  penal law, as separately amended by chapters 130 and 134 of the laws  of
     5  2019, is amended to read as follows:
     6    [Paragraph  (h)  of  subdivision  twenty-two  of  section  265.00  and
     7  sections] Sections 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02, 265.03,
     8  265.04,  265.05,  265.10,  265.11,  265.12,  265.13,  265.15,   [265.36,
     9  265.37,] 265.50, 265.55 and 270.05 shall not apply to:
    10    § 4. Section 265.37 of the penal law is REPEALED.
    11    § 5. This act shall take effect immediately.
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