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S02437 Summary:

BILL NOS02437
 
SAME ASNo Same As
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
Amd 265.00, 400.00, 265.02, 265.10 & 265.20, Pen L; add 233, Exec L
 
Relates to prohibiting the possession of certain 50 caliber firearms; directs the division of state police to embark on a program whereby persons currently in lawful possession of such weapons may be reimbursed for the fair market value thereof upon turning in such weapons to a designated officer.
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S02437 Actions:

BILL NOS02437
 
01/24/2019REFERRED TO CODES
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S02437 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2437
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2019
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the penal law and the  executive  law,  in  relation  to
          banning 50 caliber weapons
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by finds and declares that 50  caliber  or  larger  weapons  having  the
     3  capacity  for rapidly discharging ammunition have no acceptable purpose.
     4  The legislature additionally finds and declares that such  weapons  pose
     5  such  an  imminent  threat  and danger to the safety and security of the
     6  people of this state that it is necessary to ban the possession and  use
     7  of such weapons.
     8    §  2. Short title. This act shall be known and may be cited as the "50
     9  Caliber Threat Reduction Act".
    10    § 3. Section 265.00 of the penal law is amended by adding a new subdi-
    11  vision 26 to read as follows:
    12    26. "50 caliber weapon" means:
    13    (a) any rifle capable of firing a center-fire cartridge:
    14    (i) of a caliber of 50 or greater,  which  shall  include  any  metric
    15  equivalent of 50 caliber or greater; or
    16    (ii)  that  is  capable  of  firing a projectile that attains a muzzle
    17  energy of twelve thousand foot-pounds or greater in any  combination  of
    18  bullet, propellant, case, or primer; or
    19    (iii)  any  copy  or  duplicate  of any such weapon that is capable of
    20  firing a projectile that attains a  muzzle  energy  of  twelve  thousand
    21  foot-pounds or greater regardless of caliber;
    22    (b)  any  rifle  capable  of firing a center-fire cartridge defined in
    23  paragraph (a) of this subdivision, possessed prior to the effective date
    24  of this subdivision;
    25    (c) provided, however, that such term does not include:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02305-02-9

        S. 2437                             2
 
     1    (i) any weapon capable of firing a center-fire cartridge that has been
     2  rendered permanently inoperable;
     3    (ii)  any  weapon capable of firing a center-fire cartridge that is an
     4  antique firearm as defined in clause sixteen of paragraph (a) of section
     5  nine hundred twenty-one of title eighteen of the United States code;
     6    (iii) any weapon validly registered pursuant to  subdivision  eighteen
     7  of  section 400.00 of this chapter. Such weapons shall be subject to the
     8  provisions of paragraph (d) of this subdivision;
     9    (iv) any weapon that was manufactured at least fifty  years  prior  to
    10  the  current  date,  but not including replicas thereof, that is validly
    11  registered pursuant to subdivision eighteen of section  400.00  of  this
    12  chapter;
    13    (v) any muzzle-loading rifle or shotgun with a rifled bore.
    14    (d)  Any  weapon defined in paragraph (b) of this subdivision may only
    15  be sold to, exchanged with or disposed of to a purchaser  authorized  to
    16  possess  such weapons or to an individual or entity outside of the state
    17  provided that any such transfer to an individual or  entity  outside  of
    18  the  state  must  be reported to the entity wherein the weapon is regis-
    19  tered within seventy-two hours  of  such  transfer.  An  individual  who
    20  transfers  any  such  weapon  to  an individual inside New York state or
    21  without complying with the provisions of this paragraph shall be  guilty
    22  of  a  class  A  misdemeanor  unless  transferred within one year of the
    23  effective date of this subdivision.
    24    § 4. Section 400.00 of the penal law is  amended  by  adding  two  new
    25  subdivisions 18 and 19 to read as follows:
    26    18.  Registration  of  50  caliber weapons.   (a) An owner of a weapon
    27  defined in paragraph (b) of subdivision twenty-six of section 265.00  of
    28  this  chapter,  possessed before the effective date of this subdivision,
    29  must make an application to register such weapon with the superintendent
    30  of state police, in the manner provided by  the  superintendent,  or  by
    31  amending  a  license  issued pursuant to this section within one year of
    32  the effective date of this subdivision except any weapon  defined  under
    33  subparagraph  (iv) of paragraph (c) of subdivision twenty-six of section
    34  265.00 of this chapter transferred into the state may be  registered  at
    35  any  time,  provided  such  weapons are registered within thirty days of
    36  their transfer into the state. Registration  information  shall  include
    37  the registrant's name, date of birth, gender, race, residential address,
    38  social  security number and description of each weapon being registered.
    39  A registration of any weapon defined under subparagraph  (iv)  of  para-
    40  graph  (c)  of  subdivision twenty-six of section 265.00 of this chapter
    41  shall be transferable, provided  that  the  seller  notifies  the  state
    42  police  within  seventy-two hours of the transfer and the buyer provides
    43  the state police with information sufficient to constitute  a  registra-
    44  tion  under  this  section. Such registration shall not be valid if such
    45  registrant is prohibited or becomes prohibited from possessing a firearm
    46  pursuant to state or federal law.  The  superintendent  shall  determine
    47  whether  such  registrant  is prohibited from possessing a firearm under
    48  state or federal law. Such check shall be limited to determining whether
    49  the factors in paragraph (g) of section nine hundred twenty-two of title
    50  eighteen of the United States code apply or  whether  a  registrant  has
    51  been  convicted of a serious offense as defined in subdivision seventeen
    52  of section 265.00 of this chapter, so as  to  prohibit  such  registrant
    53  from possessing a firearm, and whether a report has been issued pursuant
    54  to  section 9.46 of the mental hygiene law. All registrants shall recer-
    55  tify to the division of state police every five years thereafter.  Fail-
    56  ure to recertify shall result in a revocation of such registration.

        S. 2437                             3
 
     1    (b)  Notwithstanding  any  inconsistent provisions of paragraph (a) of
     2  this subdivision, an owner of a 50 caliber weapon as defined in subdivi-
     3  sion twenty-six of section 265.00 of this chapter, who  is  a  qualified
     4  retired New York or federal law enforcement officer as defined in subdi-
     5  vision  twenty-five of section 265.00 of this chapter, where such weapon
     6  was issued to or purchased by such officer prior to  retirement  and  in
     7  the course of his or her official duties, and for which such officer was
     8  qualified  by the agency that employed such officer within twelve months
     9  prior to his or her retirement, must register such weapon  within  sixty
    10  days of retirement.
    11    (c) The superintendent of state police shall create and maintain a "50
    12  caliber  weapons"  page  or  section  on  the existing internet website,
    13  created pursuant to paragraph  (b)  of  subdivision  sixteen-a  of  this
    14  section,  to educate the public as to which 50 caliber weapons are ille-
    15  gal as a result of the enactment of this subdivision, as well as such 50
    16  caliber weapons which  are  illegal  pursuant  to  article  two  hundred
    17  sixty-five  of  this  chapter. Such website shall contain information to
    18  assist the public in recognizing the  relevant  features  proscribed  by
    19  such  article two hundred sixty-five, as well as which make and model of
    20  weapons require registration.
    21    (d) A person who knowingly fails to apply to register such weapon,  as
    22  required  by this section, within one year of the effective date of this
    23  subdivision shall be guilty of a class A misdemeanor and such person who
    24  unknowingly fails to validly register such weapon within such  one  year
    25  period  shall  be  given  a  warning  by  an appropriate law enforcement
    26  authority about such failure and given thirty days in which to apply  to
    27  register such weapon or to surrender it. A failure to apply or surrender
    28  such  weapon  within  such thirty-day period shall result in such weapon
    29  being removed by an appropriate law enforcement authority and declared a
    30  nuisance.
    31    (e) The cost of the software, programming and  interface  required  to
    32  transmit any record that must be electronically transmitted by the deal-
    33  er or licensing officer to the division of state police pursuant to this
    34  chapter shall be borne by the state.
    35    19.  Applicability  of  section. The provisions of article two hundred
    36  sixty-five of this chapter relating to illegal possession of a  firearm,
    37  shall not apply to an offense which also constitutes a violation of this
    38  section  by  a  person  holding  an  otherwise  valid  license under the
    39  provisions of this section and such offense shall only be punishable  as
    40  a  class  A  misdemeanor  pursuant  to  this  section.  In addition, the
    41  provisions of such article two hundred sixty-five shall not apply to the
    42  possession of a firearm in a place not authorized by law,  by  a  person
    43  who  holds  an  otherwise  valid license or possession of a firearm by a
    44  person within a one year period after the stated expiration date  of  an
    45  otherwise  valid  license  which  has  not  been previously cancelled or
    46  revoked shall only be punishable as a class A  misdemeanor  pursuant  to
    47  this section.
    48    § 5. Section 265.02 of the penal law is amended by adding a new subdi-
    49  vision 11 to read as follows:
    50    (11) Such person possesses a 50 caliber weapon.
    51    §  6.  Subdivision 3 of section 265.00 of the penal law, as amended by
    52  chapter 189 of the laws of 2000, is amended to read as follows:
    53    3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
    54  one or more barrels less than eighteen inches in length; or (c) a  rifle
    55  having  one  or  more barrels less than sixteen inches in length; or (d)
    56  any weapon made from a shotgun or rifle whether by alteration, modifica-

        S. 2437                             4
 
     1  tion, or otherwise if such weapon as altered, modified, or otherwise has
     2  an overall length of less than twenty-six  inches;  or  (e)  an  assault
     3  weapon;  or (f) a 50 caliber weapon. For the purpose of this subdivision
     4  the  length  of  the barrel on a shotgun or rifle shall be determined by
     5  measuring the distance between the muzzle and  the  face  of  the  bolt,
     6  breech,  or  breechlock  when  closed  and  when the shotgun or rifle is
     7  cocked; the overall length of a weapon made from a shotgun or  rifle  is
     8  the  distance  between  the  extreme ends of the weapon measured along a
     9  line parallel to the center line of the bore. Firearm does  not  include
    10  an antique firearm.
    11    §  7.  Subdivisions  1, 2, 3 and 6 of section 265.10 of the penal law,
    12  subdivisions 1 and 2 as amended by chapter 257 of the laws of  2008  and
    13  subdivisions  3 and 6 as amended by chapter 189 of the laws of 2000, are
    14  amended to read as follows:
    15    1. Any person who  manufactures  or  causes  to  be  manufactured  any
    16  machine-gun,  assault  weapon, 50 caliber weapon, large capacity ammuni-
    17  tion feeding device or disguised gun is guilty of a class D felony.  Any
    18  person  who  manufactures  or  causes to be manufactured any switchblade
    19  knife, gravity knife, pilum ballistic knife, metal knuckle knife, billy,
    20  blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu  star,
    21  chuka  stick,  sandbag,  sandclub  or  slungshot  is guilty of a class A
    22  misdemeanor.
    23    2. Any person who transports or ships any machine-gun, firearm silenc-
    24  er, assault weapon, 50 caliber weapon or large capacity ammunition feed-
    25  ing device or disguised gun, or who transports or ships  as  merchandise
    26  five  or  more  firearms,  is guilty of a class D felony. Any person who
    27  transports or ships as merchandise any firearm, other  than  an  assault
    28  weapon  or  50  caliber  weapon, switchblade knife, gravity knife, pilum
    29  ballistic knife, billy, blackjack,  bludgeon,  plastic  knuckles,  metal
    30  knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a
    31  class A misdemeanor.
    32    3.  Any  person  who  disposes  of any machine-gun, assault weapon, 50
    33  caliber weapon, large capacity  ammunition  feeding  device  or  firearm
    34  silencer  is  guilty of a class D felony. Any person who knowingly buys,
    35  receives, disposes of, or conceals a  machine-gun,  50  caliber  weapon,
    36  firearm,  large  capacity  ammunition  feeding  device, rifle or shotgun
    37  which has been defaced for the purpose of concealment or  prevention  of
    38  the  detection  of  a  crime  or  misrepresenting  the  identity of such
    39  machine-gun, 50 caliber weapon, firearm, large capacity ammunition feed-
    40  ing device, rifle or shotgun is guilty of a class D felony.
    41    6. Any person who wilfully defaces any machine-gun, 50 caliber weapon,
    42  large capacity ammunition feeding device or firearm is guilty of a class
    43  D felony.
    44    § 8. Paragraph 8 of subdivision a of section 265.20 of the penal  law,
    45  as  amended  by  chapter  476 of the laws of 2018, is amended to read as
    46  follows:
    47    8. The manufacturer of machine-guns, firearm silencers, assault  weap-
    48  ons,  large  capacity  ammunition  feeding  devices, 50 caliber weapons,
    49  disguised guns, pilum ballistic knives, switchblade or  gravity  knives,
    50  billies  or  blackjacks  as merchandise, or as a transferee recipient of
    51  the same for repair, lawful distribution or  research  and  development,
    52  and  the disposal and shipment thereof direct to a regularly constituted
    53  or appointed state or municipal police department, sheriff, police offi-
    54  cer or other peace officer, or to a state  prison,  penitentiary,  work-
    55  house,  county  jail  or  other institution for the detention of persons
    56  convicted or accused of crime or held as witnesses in criminal cases, or

        S. 2437                             5
 
     1  to the military service of this state or of the United  States;  or  for
     2  the  repair  and  return  of  the  same  to  the lawful possessor or for
     3  research and development.
     4    § 9. Section 265.20 of the penal law is amended by adding a new subdi-
     5  vision f to read as follows:
     6    f.  The  terms "pistol," "revolver," "rifle," and "shotgun" as used in
     7  paragraphs three through five, seven through seven-b,  twelve,  thirteen
     8  and  thirteen-a  of subdivision a of this section shall not include a 50
     9  caliber weapon as defined in subdivision twenty-six of section 265.00 of
    10  this article.
    11    § 10. The executive law is amended by adding a new section 233 to read
    12  as follows:
    13    § 233. Compliance with the ban on the sale, possession or  use  of  50
    14  caliber  weapons.    1.  From  within amounts appropriated therefor, the
    15  division of state police shall take  such  action  as  is  necessary  to
    16  implement  a  program whereby persons, including dealers of firearms, in
    17  lawful possession of  50  caliber  weapons  may  bring  themselves  into
    18  compliance  with  the  provisions  of the penal law which bans the sale,
    19  possession or use of such weapons.
    20    2. Within thirty days of the  effective  date  of  this  section,  any
    21  licensed  firearm dealer who has in his or her possession a new 50 cali-
    22  ber weapon shall be entitled to return such weapon to the distributor or
    23  manufacturer, and shall be entitled to a full refund, or credit,  in  an
    24  amount  equal  to the purchase price of such weapon. In any case where a
    25  distributor or manufacturer fails or refuses to so refund or credit such
    26  dealer, the dealer shall notify the division of  state  police,  and  it
    27  shall  immediately  notify  the  attorney  general so that he or she may
    28  intercede and take such actions on behalf of the dealer to  secure  such
    29  refund or credit.
    30    3.  Within  thirty  days  of  the  effective date of this section, any
    31  person, including a licensed firearm dealer, who has in his or her legal
    32  possession a used 50 caliber weapon shall personally deliver such weapon
    33  to the division of state police, and  upon  transferring  ownership  and
    34  possession  to  a  duly designated officer thereof, shall be entitled to
    35  receive payment in an amount equal to the  fair  market  value  of  such
    36  weapon, but not to exceed eight thousand five hundred dollars.
    37    4.  The  division  of state police shall take such action, including a
    38  public campaign using the print media, television, radio or other  means
    39  to  notify  persons  of the existence of the program established in this
    40  section.
    41    § 11. This act shall take effect immediately; provided, however,  that
    42  sections one through nine of this act shall take effect on the thirtieth
    43  day after this act shall have become a law.
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