BILL TEXT:
STATE OF NEW YORK
________________________________________________________________________
2445
2005-2006 Regular Sessions
IN SENATE
February 15, 2005
___________
Introduced by Sens. SCHNEIDERMAN, DUANE, KRUEGER, PARKER, SAMPSON,
A. SMITH, M. SMITH, STAVISKY -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the definition of an
assault weapon
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 22 of section 265.00 of the penal law, as added
2 by chapter 189 of the laws of 2000, is amended to read as follows:
3 22. "Assault weapon" means (a) a semiautomatic rifle that has an abil-
4 ity to accept a detachable magazine and has at least two of the follow-
5 ing characteristics:
6 (i) a folding or telescoping stock;
7 (ii) a pistol grip that protrudes conspicuously beneath the action of
8 the weapon;
9 (iii) a bayonet mount;
10 (iv) a flash suppressor or threaded barrel designed to accommodate a
11 flash suppressor;
12 (v) a grenade launcher; [or]
13 (vi) a forward grip;
14 (vii) a barrel shroud; or
15 (b) a semiautomatic shotgun that has at least two of the following
16 characteristics:
17 (i) a folding or telescoping stock;
18 (ii) a pistol grip that protrudes conspicuously beneath the action of
19 the weapon;
20 (iii) a fixed magazine capacity in excess of five rounds;
21 (iv) an ability to accept a detachable magazine; or
22 (c) a semiautomatic pistol that has an ability to accept a detachable
23 magazine and has at least two of the following characteristics:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09147-01-5
S. 2445 2 1 (i) an ammunition magazine that attaches to the pistol outside of the 2 pistol grip; 3 (ii) a threaded barrel capable of accepting a barrel extender, flash 4 suppressor, forward handgrip, or silencer; 5 (iii) a shroud that is attached to, or partially or completely encir- 6 cles, the barrel and that permits the shooter to hold the firearm with 7 the nontrigger hand without being burned; 8 (iv) a manufactured weight of fifty ounces or more when the pistol is 9 unloaded; 10 (v) a semiautomatic version of an automatic rifle, shotgun or firearm; 11 [or] 12 (vi) a second pistol grip; or 13 (d) any of the weapons, or functioning frames or receivers of such 14 weapons, or copies or duplicates of such weapons, in any caliber, known 15 as: 16 (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all 17 models); 18 (ii) [Action Arms Israeli Military Industries] UZI [and], Galil and 19 UZI Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz); 20 (iii) [Beretta Ar70 (SC-70)] AR70; 21 (iv) [Colt] AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR; 22 (v) Fabrique National FN/FAL, FN/LAR, and FNC; 23 (vi) SWD M-10, M-11, M-11/9, and M-12; 24 (vii) Steyr AUG; 25 (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; [and] 26 (ix) revolving cylinder shotguns, such as (or similar to) the Street 27 Sweeper and Striker 12; 28 (x) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 29 85, SA 93, VEPR; 30 (xi) AR-10; 31 (xii) Calico Liberty; 32 (xiii) Dragunov SVD Sniper Rifle or Dragunov SVU; 33 (xiv) Hi-Point Carbine; 34 (xv) HK-91, HK-93, HK-94, or HK-PSG-1; 35 (xvi) Kel-Tec Sub Rifle; 36 (xvii) M1 Carbine; 37 (xviii) Saiga; 38 (xix) SAR-8, SAR-4800; 39 (xx) SKS with detachable magazine; 40 (xxi) SLG 95; 41 (xxii) SLR 95 or 96; 42 (xxiii) Sturm, Ruger Mini-14; 43 (xxiv) Tavor; 44 (xxv) Thompson 1927, Thompson M1, or Thompson 1927 Commando; 45 (xxvi) Calico M-110; 46 (xxvii) MAC-10, MAC-11, or MPA3; 47 (xxviii) Olympic Arms OA; 48 (xxix) Armscor 30 BG; and 49 (xxx) SPAS 12 or LAW 12; or 50 (e) a conversion kit; 51 (f) provided, however, that such term does not include: (i) any rifle, 52 shotgun or pistol that (A) is manually operated by bolt, pump, lever or 53 slide action; (B) has been rendered permanently inoperable; or (C) is an 54 antique firearm as defined in 18 U.S.C. 921(a)(16); 55 (ii) a semiautomatic rifle that cannot accept a detachable magazine 56 that holds more than five rounds of ammunition;
S. 2445 3 1 (iii) a semiautomatic shotgun that cannot hold more than five rounds 2 of ammunition in a fixed or detachable magazine; 3 (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof, 4 specified in Appendix A to section 922 of 18 U.S.C. as such weapon was 5 manufactured on October first, nineteen hundred ninety-three. The mere 6 fact that a weapon is not listed in Appendix A shall not be construed to 7 mean that such weapon is an assault weapon; or 8 (v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic 9 pistol or any of the weapons defined in paragraph (d) of this subdivi- 10 sion lawfully possessed prior to September fourteenth, nineteen hundred 11 ninety-four. 12 § 2. Section 265.00 of the penal law is amended by adding eight new 13 subdivisions 24, 25, 26, 27, 28, 29, 30, and 31 to read as follows: 14 24. "Barrel shroud" means a shroud that is attached to, or partially 15 or completely encircles, the barrel of a weapon so that the shroud 16 protects the user of the weapon from heat generated by the barrel, but 17 does not include a slide that encloses the barrel, and does not include 18 an extension of the stock along the bottom of the barrel which does not 19 encircle or substantially encircle the barrel. 20 25. "Conversion kit" means any part or combination of parts designed 21 and intended for use in converting a weapon into an assault weapon, and 22 any combination of parts from which an assault weapon can be assembled 23 if the parts are in the possession or under the control of a person. 24 26. "Detachable magazine" means an ammunition feeding device that can 25 readily be inserted into a weapon. 26 27. "Fixed magazine" means an ammunition feeding device contained in, 27 or permanently attached to, a weapon. 28 28. "Folding or telescoping stock" means a stock that folds, tele- 29 scopes, or otherwise operates to reduce the length, size, or any other 30 dimension, or otherwise enhances the concealability, of a weapon. 31 29. "Forward grip" means a grip located forward of the trigger that 32 functions as a pistol grip. 33 30. "Pistol grip" means a grip, a thumbhole stock, or any other char- 34 acteristic that can function as a grip. 35 31. "Threaded barrel" means a feature or characteristic that is 36 designed in such a manner to allow for the attachment of a firearm as 37 defined in section 5845(a) of the National Firearms Act (26 U.S.C. 38 5845(a)). 39 § 3. This act shall take effect on the first of November next succeed- 40 ing the date on which it shall have become a law.
