Bill Text: NY A04573 | 2021-2022 | General Assembly | Introduced

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Bill Title: Removes ammunition capacity set forth in the NY SAFE ACT of 2013; repeals certain provisions relating to the unlawful possession of ammunition or ammunition feeding devices.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A04573 Detail]

Download: New_York-2021-A04573-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4573

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by M. of A. SALKA -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation  to  ammunition  capacity  in
          firearms;  and  to repeal certain provisions of the penal law relating
          to possession of ammunition and ammunition feeding devices

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (h) of subdivision 22 of section 265.00 of the
     2  penal law is REPEALED.
     3    § 2. Subdivision 23 of section 265.00 of the penal law, as amended  by
     4  chapter 1 of the laws of 2013, is amended to read as follows:
     5    23. "Large capacity ammunition feeding device" means a magazine, belt,
     6  drum,  feed  strip,  or similar device, that [(a)] has a capacity of, or
     7  that can be readily restored or  converted  to  accept,  more  than  ten
     8  rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
     9  tion,  or (c) is obtained after the effective date of the chapter of the
    10  laws of two thousand thirteen which amended this subdivision and  has  a
    11  capacity  of,  or  that  can be readily restored or converted to accept,
    12  more than seven rounds of ammunition]; provided, however, that such term
    13  does not include an attached tubular  device  designed  to  accept,  and
    14  capable  of  operating  only  with, .22 caliber rimfire ammunition [or a
    15  feeding device that is a curio or relic.   A feeding device  that  is  a
    16  curio or relic is defined as a device that (i) was manufactured at least
    17  fifty  years  prior  to  the current date, (ii) is only capable of being
    18  used exclusively in a firearm, rifle, or shotgun that  was  manufactured
    19  at least fifty years prior to the current date, but not including repli-
    20  cas  thereof,  (iii) is possessed by an individual who is not prohibited
    21  by state or federal law from possessing a firearm and (iv) is registered
    22  with the division of state police pursuant to subdivision  sixteen-a  of
    23  section  400.00 of this chapter, except such feeding devices transferred
    24  into the state may be registered at any time, provided they  are  regis-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07841-01-1
        A. 4573                             2

     1  tered within thirty days of their transfer into the state. Notwithstand-
     2  ing  paragraph (h) of subdivision twenty-two of this section, such feed-
     3  ing devices may be transferred provided  that  such  transfer  shall  be
     4  subject  to  the  provisions of section 400.03 of this chapter including
     5  the check required to be conducted pursuant to such section].
     6    § 3. Subdivision 8 of section 265.02 of the penal law, as  amended  by
     7  chapter 1 of the laws of 2013, is amended to read as follows:
     8    (8) Such person possesses a large capacity ammunition feeding device[.
     9  For  purposes  of  this subdivision, a large capacity ammunition feeding
    10  device shall not include an ammunition feeding device lawfully possessed
    11  by such person before the effective date of the chapter of the  laws  of
    12  two thousand thirteen which amended this subdivision, that has a capaci-
    13  ty  of, or that can be readily restored or converted to accept more than
    14  seven but less than eleven rounds of ammunition, or  that  was  manufac-
    15  tured  before  September  thirteenth, nineteen hundred ninety-four, that
    16  has a capacity of, or that can  be  readily  restored  or  converted  to
    17  accept, more than ten rounds of ammunition]; or
    18    §  4.  The opening paragraph of subdivision a of section 265.20 of the
    19  penal law, as separately amended by chapters 130 and 134 of the laws  of
    20  2019, is amended to read as follows:
    21    [Paragraph  (h)  of  subdivision  twenty-two  of  section  265.00  and
    22  sections] Sections 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02, 265.03,
    23  265.04,  265.05,  265.10,  265.11,  265.12,  265.13,  265.15,   [265.36,
    24  265.37,] 265.50, 265.55 and 270.05 shall not apply to:
    25    § 5. Sections 265.36 and 265.37 of the penal law are REPEALED.
    26    § 6. This act shall take effect immediately.