S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        202--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. SQUADRON, AVELLA, BRESLIN, DIAZ, GIANARIS, KRUEGER,
         SERRANO, STAVISKY -- read twice and ordered printed, and when  printed
         to  be  committed  to  the Committee on Codes -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       AN  ACT to amend the penal law and the general business law, in relation
         to banning the possession, sale or manufacture of assault weapons; and
         to repeal subdivision 22 of section 265.00 of the penal  law  relating
         thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The New York state legislature  finds  that  semi-automatic
    2  assault  weapons  are  military-style  guns  designed to allow rapid and
    3  accurate spray firing for the quick and efficient killing of humans. The
    4  shooter can simply point - as opposed to carefully aim - the  weapon  to
    5  quickly spray a wide area with a hail of bullets. Gun manufacturers have
    6  for  many  years  made,  marketed  and  sold to civilians semi-automatic
    7  versions of military assault weapons designed with features specifically
    8  intended to increase lethality for military applications. As  a  result,
    9  approximately  2,000,000 assault weapons are currently in circulation in
   10  the United States. These weapons have been the weapon of choice  in  the
   11  most  notorious  mass  shootings  of  innocent  civilians  in the United
   12  States, including the 1999 massacre at Columbine  High  School  (TEC-DC9
   13  assault  pistol and Hi-Point Carbine) and the 2002 Washington, D.C.-area
   14  sniper shootings (Bushmaster XM15 assault rifle). According to FBI data,
   15  between 1998 and 2001, one in five law enforcement officers slain in the
   16  line of duty was killed with an assault weapon. In 2003, New  York  lost
   17  two  of its finest when undercover officers in the elite Firearms Inves-
   18  tigation Unit of the NYPD Organized Crime Control Bureau  were  brutally
   19  murdered  while  attempting  to purchase an illegal TEC-9 semi-automatic
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00271-03-3
       S. 202--A                           2
    1  assault weapon. The availability of military-style assault weapons poses
    2  a serious threat to the public health and safety. Most citizens, includ-
    3  ing most gun owners, believe that assault weapons should not  be  avail-
    4  able for civilian use.
    5    S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and
    6  a new subdivision 22 is added to read as follows:
    7    22. "ASSAULT WEAPON" MEANS ANY:
    8    (A)  SEMI-AUTOMATIC RIFLE THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
    9  MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
   10    (I) A PISTOL GRIP OR THUMBHOLE STOCK;
   11    (II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE  HELD  BY  THE
   12  NON-TRIGGER HAND;
   13    (III) A FOLDING OR TELESCOPING STOCK;
   14    (IV)  A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
   15  ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM  WITH  THE
   16  NON-TRIGGER  HAND  WITHOUT  BEING  BURNED,  BUT  EXCLUDING  A SLIDE THAT
   17  ENCLOSES THE BARREL; OR
   18    (V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;
   19    (B) SEMI-AUTOMATIC PISTOL, OR  ANY  SEMI-AUTOMATIC,  CENTERFIRE  RIFLE
   20  WITH  A  FIXED  MAGAZINE,  THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN
   21  ROUNDS OF AMMUNITION;
   22    (C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
   23  MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
   24    (I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN  BE  HELD  BY  THE
   25  NON-TRIGGER HAND;
   26    (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
   27    (III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
   28  ENCIRCLES  THE  BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
   29  NON-TRIGGER HAND WITHOUT  BEING  BURNED,  BUT  EXCLUDING  A  SLIDE  THAT
   30  ENCLOSES THE BARREL;
   31    (IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR
   32    (V)  THE  CAPACITY  TO  ACCEPT  A  DETACHABLE MAGAZINE AT ANY LOCATION
   33  OUTSIDE OF THE PISTOL GRIP;
   34    (D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:
   35    (I) A PISTOL GRIP, A THUMBHOLE STOCK OR A VERTICAL HANDGRIP;
   36    (II) A FOLDING OR TELESCOPING STOCK;
   37    (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR
   38    (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;
   39    (E) SHOTGUN WITH A REVOLVING CYLINDER; OR
   40    (F) CONVERSION KIT, PART, OR  COMBINATION  OF  PARTS,  FROM  WHICH  AN
   41  ASSAULT  WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR
   42  UNDER THE CONTROL OF THE SAME PERSON.
   43    (G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES,  DETERMINED  BY
   44  RULES  AND  REGULATIONS  OF THE SUPERINTENDENT OF STATE POLICE TO BE NOT
   45  PARTICULARLY SUITABLE FOR SPORTING PURPOSES.  IN  ADDITION,  THE  SUPER-
   46  INTENDENT  OF  STATE  POLICE  SHALL, BY RULES AND REGULATIONS, DESIGNATE
   47  SPECIFIC SEMI-AUTOMATIC CENTERFIRE OR RIMFIRE RIFLES  OR  SEMI-AUTOMATIC
   48  SHOTGUNS,  IDENTIFIED  BY  MAKE,  MODEL,  AND MANUFACTURER'S NAME, TO BE
   49  WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTENDENT OF  STATE
   50  POLICE  DETERMINES  THAT  SUCH WEAPONS ARE NOT PARTICULARLY SUITABLE FOR
   51  SPORTING PURPOSES. A LIST OF  ASSAULT  WEAPONS,  AS  DETERMINED  BY  THE
   52  SUPERINTENDENT  OF  STATE  POLICE,  SHALL BE MADE AVAILABLE ON A REGULAR
   53  BASIS TO THE GENERAL PUBLIC.
   54    PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS
   55  BEEN RENDERED PERMANENTLY INOPERABLE.
       S. 202--A                           3
    1    S 3. Section 265.00 of the penal law is amended  by  adding  four  new
    2  subdivisions 24, 25, 26 and 27 to read as follows:
    3    24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE THAT CAN
    4  BE  INSERTED  INTO  A  FIREARM  INCLUDING ANY FEEDING DEVICE THAT CAN BE
    5  LOADED OR UNLOADED WHILE DETACHED FROM THE FIREARM.
    6    25. "MUZZLE BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF  A  WEAPON
    7  THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL.
    8    26.  "MUZZLE  COMPENSATOR"  MEANS A DEVICE ATTACHED TO THE MUZZLE OF A
    9  WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT.
   10    27. "FIXED MAGAZINE" MEANS AN AMMUNITION FEEDING DEVICE CONTAINED  IN,
   11  OR  PERMANENTLY  ATTACHED TO, A FIREARM IN SUCH A MANNER THAT THE DEVICE
   12  CANNOT BE REMOVED WITHOUT DISASSEMBLY OF THE FIREARM ACTION.
   13    S 4. Section 265.20 of the penal law is amended by adding a new subdi-
   14  vision e to read as follows:
   15    E. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY  OWNED  OR  IMMEDIATELY
   16  CONTROLLED  BY  THE  PERSON,  OR  WHILE  ON  THE  PREMISES OF A LICENSED
   17  GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL
   18  USE OF THE ASSAULT WEAPON AT A DULY  LICENSED  FIRING  RANGE,  OR  WHILE
   19  TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED
   20  SUCH WEAPON PRIOR TO JULY FIRST, TWO THOUSAND THIRTEEN AND WHO, PRIOR TO
   21  OCTOBER FIRST, TWO THOUSAND THIRTEEN:
   22    1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR
   23    2.  SURRENDERS  THE  ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT
   24  AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVI-
   25  SION A OF THIS SECTION; OR
   26    3.  REGISTERS  THE  ASSAULT  WEAPON  AS  PROVIDED FOR IN SECTION THREE
   27  HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW.
   28    S 5. The general business law is amended by adding a new section  396-
   29  ff to read as follows:
   30    S  396-FF.  RULES AND REGULATIONS.  THE DIVISION OF STATE POLICE SHALL
   31  NO LATER THAN JULY FIRST, TWO THOUSAND THIRTEEN,  PROMULGATE  RULES  AND
   32  REGULATIONS  FOR THE ADDITION OF INFORMATION IDENTIFYING ASSAULT WEAPONS
   33  LAWFULLY POSSESSED PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN TO  THE
   34  DATABANK  ESTABLISHED BY THIS SECTION. SUCH RULES AND REGULATIONS SHALL,
   35  AT A MINIMUM, SPECIFY PROCEDURES BY WHICH THE OWNER OF AN ASSAULT WEAPON
   36  LAWFULLY POSSESSED PRIOR TO JULY FIRST,  TWO  THOUSAND  THIRTEEN  IS  TO
   37  DELIVER  AN  ASSAULT  WEAPON  AND  VERIFICATION  OF  A  BACKGROUND CHECK
   38  REQUIRED BY 18 USC S 922 TO THE REGIONAL PROGRAM FOR TESTING AND  PROMPT
   39  RETURN. UPON RECEIPT OF THE SEALED CONTAINER AND INSPECTION OF A CERTIF-
   40  ICATE  PROVING  THAT A BACKGROUND CHECK HAS BEEN CONDUCTED AND THE OWNER
   41  IS NOT PROHIBITED FROM POSSESSING  A  FIREARM,  THE  DIVISION  OF  STATE
   42  POLICE  SHALL  CAUSE  TO BE ENTERED IN THE AUTOMATED ELECTRONIC DATABANK
   43  PERTINENT DATA, INCLUDING BALLISTIC INFORMATION RELEVANT TO  IDENTIFICA-
   44  TION  OF  THE  SHELL  CASING AND TO THE ASSAULT WEAPON FROM WHICH IT WAS
   45  DISCHARGED, AND THE DATE AND PLACE OF THE BACKGROUND CHECK AND THE  NAME
   46  OF THE INDIVIDUAL WHO CONDUCTED SUCH BACKGROUND CHECK.
   47    S  6.  Severability.  If  any provision or term of this act is for any
   48  reason declared unconstitutional or invalid or ineffective by any  court
   49  of  competent  jurisdiction, such decision shall not affect the validity
   50  or the effectiveness of the remaining portions of this act or  any  part
   51  thereof.
   52    S  7. This act shall take effect July 1, 2013; provided that the divi-
   53  sion of state police is authorized to promulgate any and all  rules  and
   54  regulations  and take any other measures necessary to implement this act
   55  on its effective date on or before such date.