Bill Text: NY A02017 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Includes possession of armor piercing, frangible or devastator ammunition as criminal possession of a weapon in the 4th degree and where possession is knowingly with intent to use against another, it shall constitute criminal possession of a weapon in the 3rd degree.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2011-07-11 - enacting clause stricken [A02017 Detail]

Download: New_York-2011-A02017-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2017
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2011
                                      ___________
       Introduced by M. of A. BING, COLTON, PHEFFER, DESTITO, ZEBROWSKI, DINOW-
         ITZ,  RAMOS, PERRY, BOYLAND -- Multi-Sponsored by -- M. of A. BRENNAN,
         FARRELL, GOTTFRIED, HEASTIE, LAVINE -- read once and referred  to  the
         Committee on Codes
       AN  ACT  to  amend the penal law, in relation to the possession of armor
         piercing, frangible or devastator ammunition
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 18 of section 265.00 of the penal law, as added
    2  by chapter 646 of the laws of 1986, is amended to read as follows:
    3    18. "Armor piercing ammunition" means any ammunition [capable of being
    4  used  in  pistols  or  revolvers]  containing a projectile or projectile
    5  core[, or a projectile or projectile core for use  in  such  ammunition,
    6  that is] constructed entirely (excluding the presence of traces of other
    7  substances)  from one or a combination of any of the following: tungsten
    8  alloys, steel, iron, brass,  bronze,  beryllium  copper,  [or]  uranium,
    9  CERAMICS,  OR  POLYMER PLASTICS AND CAPABLE OF BEING USED IN PISTOLS AND
   10  REVOLVERS.
   11    S 2. Section 265.00 of the penal law is  amended  by  adding  two  new
   12  subdivisions 24 and 25 to read as follows:
   13    24.  "FRANGIBLE  AMMUNITION" MEANS ANY AMMUNITION WITH A PROJECTILE OR
   14  PROJECTILE CORE COMPOSED OF HYBRID MATERIALS, EITHER PRESSED TOGETHER AT
   15  HIGH PRESSURE OR GLUED TOGETHER WITH  ADHESIVES,  WHICH  IS  CAPABLE  OF
   16  BEING USED IN PISTOLS OR REVOLVERS AND IS DESIGNED TO FRACTURE OR DISIN-
   17  TEGRATE UPON IMPACT.
   18    25.  "DEVASTATOR AMMUNITION" MEANS ANY AMMUNITION WITH A PROJECTILE OR
   19  PROJECTILE CORE WHICH IS CAPABLE OF BEING USED IN PISTOLS  OR  REVOLVERS
   20  AND DESIGNED TO EXPLODE OR DETONATE UPON IMPACT.
   21    S 3. Subdivisions 7 and 8 of section 265.01 of the penal law, subdivi-
   22  sion  7 as added by chapter 807 of the laws of 1981 and subdivision 8 as
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05125-01-1
       A. 2017                             2
    1  added by chapter 646 of the  laws  of  1986,  are  amended  to  read  as
    2  follows:
    3    (7)  He  [knowingly]  possesses  [a  bullet  containing  an  explosive
    4  substance designed to detonate upon impact] ANY DEVASTATOR AMMUNITION.
    5    (8) He possesses any armor piercing ammunition [with intent to use the
    6  same unlawfully against another] OR FRANGIBLE AMMUNITION.
    7    S 4. Subdivision 8 of section 265.02 of the penal law, as  amended  by
    8  chapter  764  of the laws of 2005, is amended and two new subdivisions 9
    9  and 10 are added to read as follows:
   10    (8)  Such  person  possesses  a  large  capacity  ammunition   feeding
   11  device[.]; OR
   12    (9) SUCH PERSON KNOWINGLY POSSESSES ANY DEVASTATOR AMMUNITION WITH THE
   13  INTENT  TO  USE THE SAME UNLAWFULLY AGAINST ANOTHER PERSON OR HIS OR HER
   14  PROPERTY; OR
   15    (10) SUCH PERSON KNOWINGLY POSSESSES ANY ARMOR PIERCING AMMUNITION  OR
   16  FRANGIBLE  AMMUNITION  WITH  INTENT  TO  USE THE SAME UNLAWFULLY AGAINST
   17  ANOTHER.
   18    S 5. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.