STATE OF NEW YORK ________________________________________________________________________ 2050--A 2015-2016 Regular Sessions IN SENATE January 21, 2015 ___________ Introduced by Sens. SQUADRON, ESPAILLAT, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01257-03-6S. 2050--A 2 1 (b) any rifle capable of firing a center-fire cartridge defined in 2 paragraph (a) of this subdivision, possessed prior to the effective date 3 of this subdivision; 4 (c) provided, however, that such term does not include: 5 (i) any weapon capable of firing a center-fire cartridge that has been 6 rendered permanently inoperable; 7 (ii) any weapon capable of firing a center-fire cartridge that is an 8 antique firearm as defined in clause sixteen of paragraph (a) of section 9 nine hundred twenty-one of title eighteen of the United States code; 10 (iii) any weapon validly registered pursuant to subdivision eighteen 11 of section 400.00 of this chapter. Such weapons shall be subject to the 12 provisions of paragraph (d) of this subdivision; 13 (iv) any weapon that was manufactured at least fifty years prior to 14 the current date, but not including replicas thereof, that is validly 15 registered pursuant to subdivision eighteen of section 400.00 of this 16 chapter; 17 (v) any muzzle-loading rifle or shotgun with a rifled bore. 18 (d) Any weapon defined in paragraph (b) of this subdivision may only 19 be sold to, exchanged with or disposed of to a purchaser authorized to 20 possess such weapons or to an individual or entity outside of the state 21 provided that any such transfer to an individual or entity outside of 22 the state must be reported to the entity wherein the weapon is regis- 23 tered within seventy-two hours of such transfer. An individual who 24 transfers any such weapon to an individual inside New York state or 25 without complying with the provisions of this paragraph shall be guilty 26 of a class A misdemeanor unless transferred within one year of the 27 effective date of this subdivision. 28 § 4. Section 400.00 of the penal law is amended by adding two new 29 subdivisions 18 and 19 to read as follows: 30 18. Registration of 50 caliber weapons. (a) An owner of a weapon 31 defined in paragraph (b) of subdivision twenty-six of section 265.00 of 32 this chapter, possessed before the effective date of this subdivision, 33 must make an application to register such weapon with the superintendent 34 of state police, in the manner provided by the superintendent, or by 35 amending a license issued pursuant to this section within one year of 36 the effective date of this subdivision except any weapon defined under 37 subparagraph (iv) of paragraph (c) of subdivision twenty-six of section 38 265.00 of this chapter transferred into the state may be registered at 39 any time, provided such weapons are registered within thirty days of 40 their transfer into the state. Registration information shall include 41 the registrant's name, date of birth, gender, race, residential address, 42 social security number and description of each weapon being registered. 43 A registration of any weapon defined under subparagraph (iv) of para- 44 graph (c) of subdivision twenty-six of section 265.00 of this chapter 45 shall be transferable, provided that the seller notifies the state 46 police within seventy-two hours of the transfer and the buyer provides 47 the state police with information sufficient to constitute a registra- 48 tion under this section. Such registration shall not be valid if such 49 registrant is prohibited or becomes prohibited from possessing a firearm 50 pursuant to state or federal law. The superintendent shall determine 51 whether such registrant is prohibited from possessing a firearm under 52 state or federal law. Such check shall be limited to determining whether 53 the factors in paragraph (g) of section nine hundred twenty-two of title 54 eighteen of the United States code apply or whether a registrant has 55 been convicted of a serious offense as defined in subdivision seventeen 56 of section 265.00 of this chapter, so as to prohibit such registrantS. 2050--A 3 1 from possessing a firearm, and whether a report has been issued pursuant 2 to section 9.46 of the mental hygiene law. All registrants shall recer- 3 tify to the division of state police every five years thereafter. Fail- 4 ure to recertify shall result in a revocation of such registration. 5 (b) Notwithstanding any inconsistent provisions of paragraph (a) of 6 this subdivision, an owner of a 50 caliber weapon as defined in subdivi- 7 sion twenty-six of section 265.00 of this chapter, who is a qualified 8 retired New York or federal law enforcement officer as defined in subdi- 9 vision twenty-five of section 265.00 of this chapter, where such weapon 10 was issued to or purchased by such officer prior to retirement and in 11 the course of his or her official duties, and for which such officer was 12 qualified by the agency that employed such officer within twelve months 13 prior to his or her retirement, must register such weapon within sixty 14 days of retirement. 15 (c) The superintendent of state police shall create and maintain a "50 16 caliber weapons" page or section on the existing internet website, 17 created pursuant to paragraph (b) of subdivision sixteen-a of this 18 section, to educate the public as to which 50 caliber weapons are ille- 19 gal as a result of the enactment of this subdivision, as well as such 50 20 caliber weapons which are illegal pursuant to article two hundred 21 sixty-five of this chapter. Such website shall contain information to 22 assist the public in recognizing the relevant features proscribed by 23 such article two hundred sixty-five, as well as which make and model of 24 weapons require registration. 25 (d) A person who knowingly fails to apply to register such weapon, as 26 required by this section, within one year of the effective date of this 27 subdivision shall be guilty of a class A misdemeanor and such person who 28 unknowingly fails to validly register such weapon within such one year 29 period shall be given a warning by an appropriate law enforcement 30 authority about such failure and given thirty days in which to apply to 31 register such weapon or to surrender it. A failure to apply or surrender 32 such weapon within such thirty-day period shall result in such weapon 33 being removed by an appropriate law enforcement authority and declared a 34 nuisance. 35 (e) The cost of the software, programming and interface required to 36 transmit any record that must be electronically transmitted by the deal- 37 er or licensing officer to the division of state police pursuant to this 38 chapter shall be borne by the state. 39 19. Applicability of section. The provisions of article two hundred 40 sixty-five of this chapter relating to illegal possession of a firearm, 41 shall not apply to an offense which also constitutes a violation of this 42 section by a person holding an otherwise valid license under the 43 provisions of this section and such offense shall only be punishable as 44 a class A misdemeanor pursuant to this section. In addition, the 45 provisions of such article two hundred sixty-five shall not apply to the 46 possession of a firearm in a place not authorized by law, by a person 47 who holds an otherwise valid license or possession of a firearm by a 48 person within a one year period after the stated expiration date of an 49 otherwise valid license which has not been previously cancelled or 50 revoked shall only be punishable as a class A misdemeanor pursuant to 51 this section. 52 § 5. Section 265.02 of the penal law is amended by adding a new subdi- 53 vision 11 to read as follows: 54 (11) Such person possesses a 50 caliber weapon. 55 § 6. Subdivision 3 of section 265.00 of the penal law, as amended by 56 chapter 189 of the laws of 2000, is amended to read as follows:S. 2050--A 4 1 3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having 2 one or more barrels less than eighteen inches in length; or (c) a rifle 3 having one or more barrels less than sixteen inches in length; or (d) 4 any weapon made from a shotgun or rifle whether by alteration, modifica- 5 tion, or otherwise if such weapon as altered, modified, or otherwise has 6 an overall length of less than twenty-six inches; or (e) an assault 7 weapon; or (f) a 50 caliber weapon. For the purpose of this subdivision 8 the length of the barrel on a shotgun or rifle shall be determined by 9 measuring the distance between the muzzle and the face of the bolt, 10 breech, or breechlock when closed and when the shotgun or rifle is 11 cocked; the overall length of a weapon made from a shotgun or rifle is 12 the distance between the extreme ends of the weapon measured along a 13 line parallel to the center line of the bore. Firearm does not include 14 an antique firearm. 15 § 7. Subdivisions 1, 2, 3 and 6 of section 265.10 of the penal law, 16 subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008 and 17 subdivisions 3 and 6 as amended by chapter 189 of the laws of 2000, are 18 amended to read as follows: 19 1. Any person who manufactures or causes to be manufactured any 20 machine-gun, assault weapon, 50 caliber weapon, large capacity ammuni- 21 tion feeding device or disguised gun is guilty of a class D felony. Any 22 person who manufactures or causes to be manufactured any switchblade 23 knife, gravity knife, pilum ballistic knife, metal knuckle knife, billy, 24 blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, 25 chuka stick, sandbag, sandclub or slungshot is guilty of a class A 26 misdemeanor. 27 2. Any person who transports or ships any machine-gun, firearm silenc- 28 er, assault weapon, 50 caliber weapon or large capacity ammunition feed- 29 ing device or disguised gun, or who transports or ships as merchandise 30 five or more firearms, is guilty of a class D felony. Any person who 31 transports or ships as merchandise any firearm, other than an assault 32 weapon or 50 caliber weapon, switchblade knife, gravity knife, pilum 33 ballistic knife, billy, blackjack, bludgeon, plastic knuckles, metal 34 knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a 35 class A misdemeanor. 36 3. Any person who disposes of any machine-gun, assault weapon, 50 37 caliber weapon, large capacity ammunition feeding device or firearm 38 silencer is guilty of a class D felony. Any person who knowingly buys, 39 receives, disposes of, or conceals a machine-gun, 50 caliber weapon, 40 firearm, large capacity ammunition feeding device, rifle or shotgun 41 which has been defaced for the purpose of concealment or prevention of 42 the detection of a crime or misrepresenting the identity of such 43 machine-gun, 50 caliber weapon, firearm, large capacity ammunition feed- 44 ing device, rifle or shotgun is guilty of a class D felony. 45 6. Any person who wilfully defaces any machine-gun, 50 caliber weapon, 46 large capacity ammunition feeding device or firearm is guilty of a class 47 D felony. 48 § 8. Paragraph 8 of subdivision a of section 265.20 of the penal law, 49 as amended by chapter 61 of the laws of 2010, is amended to read as 50 follows: 51 8. The manufacturer of machine-guns, firearm silencers, assault weap- 52 ons, large capacity ammunition feeding devices, 50 caliber weapons, 53 disguised guns, pilum ballistic knives, switchblade or gravity knives, 54 billies or blackjacks as merchandise, or as a transferee recipient of 55 the same for repair, lawful distribution or research and development, 56 and the disposal and shipment thereof direct to a regularly constitutedS. 2050--A 5 1 or appointed state or municipal police department, sheriff, policeman or 2 other peace officer, or to a state prison, penitentiary, workhouse, 3 county jail or other institution for the detention of persons convicted 4 or accused of crime or held as witnesses in criminal cases, or to the 5 military service of this state or of the United States; or for the 6 repair and return of the same to the lawful possessor or for research 7 and development. 8 § 9. Section 265.20 of the penal law is amended by adding a new subdi- 9 vision f to read as follows: 10 f. The terms "pistol," "revolver," "rifle," and "shotgun" as used in 11 paragraphs three through five, seven through seven-b, twelve, thirteen 12 and thirteen-a of subdivision a of this section shall not include a 50 13 caliber weapon as defined in subdivision twenty-six of section 265.00 of 14 this article. 15 § 10. The executive law is amended by adding a new section 233 to read 16 as follows: 17 § 233. Compliance with the ban on the sale, possession or use of 50 18 caliber weapons. 1. From within amounts appropriated therefor, the 19 division of state police shall take such action as is necessary to 20 implement a program whereby persons, including dealers of firearms, in 21 lawful possession of 50 caliber weapons may bring themselves into 22 compliance with the provisions of the penal law which bans the sale, 23 possession or use of such weapons. 24 2. Within thirty days of the effective date of this section, any 25 licensed firearm dealer who has in his or her possession a new 50 cali- 26 ber weapon shall be entitled to return such weapon to the distributor or 27 manufacturer, and shall be entitled to a full refund, or credit, in an 28 amount equal to the purchase price of such weapon. In any case where a 29 distributor or manufacturer fails or refuses to so refund or credit such 30 dealer, the dealer shall notify the division of state police, and it 31 shall immediately notify the attorney general so that he or she may 32 intercede and take such actions on behalf of the dealer to secure such 33 refund or credit. 34 3. Within thirty days of the effective date of this section, any 35 person, including a licensed firearm dealer, who has in his or her legal 36 possession a used 50 caliber weapon shall personally deliver such weapon 37 to the division of state police, and upon transferring ownership and 38 possession to a duly designated officer thereof, shall be entitled to 39 receive payment in an amount equal to the fair market value of such 40 weapon, but not to exceed eight thousand five hundred dollars. 41 4. The division of state police shall take such action, including a 42 public campaign using the print media, television, radio or other means 43 to notify persons of the existence of the program established in this 44 section. 45 § 11. This act shall take effect immediately; provided, however, that 46 sections one through nine of this act shall take effect on the thirtieth 47 day after this act shall have become a law.