Bill Text: NY S02146 | 2011-2012 | General Assembly | Amended
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 (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S02146 Detail]
Download: New_York-2011-S02146-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2146--A
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. GOLDEN -- 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, 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.
LBD05125-03-1
S. 2146--A 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 OR FRANGIBLE AMMUNITION
6 with intent to use the same unlawfully against another.
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.
