NY State Assault Weapon Ban Text
Last Updated :: 3/3/2005 8:24:36 PM
Courtesy of member rkbar15!


This information has been posted here as a source of reference only. This information may contain errors or become out of date at any time. While every attempt is made to keep this info up to date, IT IS FOR INFORMATIONAL PURPOSES ONLY. If you are unsure whether something is legal, consult an attorney, the ATF, the NY State Police or the NY Attorney General's Office.



From the NYS DCJS press release:

ASSAULT WEAPONS BAN: Effective November 1, 2000

Since 1994, federal law has restricted the possession of assault weapons
and large capacity ammunition feeding devices. New York law, however, did
not specifically address the possession and sale of military-style weapons
or those with excessively large ammunition capacities. The provisions
contained in Chapter 189 mirror the current provisions of federal law by
defining and prohibiting activities related to a "semiautomatic assault
weapon" and a "large capacity ammunition feeding device".

The term "assault weapon" includes a designated list of federally barred
firearms, as well as semiautomatic rifles, shotguns or pistols that possess
at least two specified characteristics, such as a folding or telescoping
stock, a bayonet mount, a flash suppressor or a silencer. A specific list
of weapons manufactured on or before October 1, 1993, which are set forth
in federal law, are not banned. The term "large capacity ammunition feeding
device" means a magazine or similar device manufactured after September 13,
1994 which has the capacity to accept more than ten rounds of ammunition,
but does not include a tubular device which only accepts .22 caliber
ammunition.

The Penal Law will now include the possession of an assault weapon and the
possession of a large capacity ammunition feeding device within its
definition of the class D violent felony of criminal possession of a weapon
in the third degree. Thus, the law will now treat the illegal possession of
an unloaded assault weapon as seriously as the possession of a loaded
handgun. Moreover, because this law adds an "assault weapon" to the
definition of a "firearm," the current penalties attaching to the criminal
use of a firearm will also apply to the use of an assault weapon.



As written into the Penal Law:

Penal Law

ARTICLE 265
FIREARMS AND OTHER DANGEROUS WEAPONS

S 265.00 Definitions.

As used in this article and in article four hundred, the following
terms shall mean and include:

...............

3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon. For the purpose of this subdivision the length of the
barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm.

..........

9. "Dealer in firearms" means any person, firm, partnership,
corporation or company who engages in the business of purchasing,
selling, keeping for sale, loaning, leasing, or in any manner disposing
of, any assault weapon, large capacity ammunition feeding device, pistol
or revolver.

..........

22. "Assault weapon" means (a) a semiautomatic rifle that has an
ability to accept a detachable magazine and has at least two of the
following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor;
(v) a grenade launcher; or
(b) a semiautomatic shotgun that has at least two of the following
characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a fixed magazine capacity in excess of five rounds;
(iv) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least two of the following characteristics:
(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the firearm
with the nontrigger hand without being burned;
(iv) a manufactured weight of fifty ounces or more when the pistol is
unloaded;
(v) a semiautomatic version of an automatic rifle, shotgun or firearm;
or
(d) any of the weapons, or functioning frames or receivers of such
weapons, or copies or duplicates of such weapons, in any caliber, known
as:
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12;
(e) provided, however, that such term does not include: (i) any rifle,
shotgun or pistol that (A) is manually operated by bolt, pump, lever or
slide action; (B) has been rendered permanently inoperable; or (C) is an
antique firearm as defined in 18 U.S.C. 921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine
that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds
of ammunition in a fixed or detachable magazine;
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
specified in Appendix A to section 922 of 18 U.S.C. as such weapon was
manufactured on October first, nineteen hundred ninety-three. The mere
fact that a weapon is not listed in Appendix A shall not be construed to
mean that such weapon is an assault weapon; or
(v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or any of the weapons defined in paragraph (d) of this
subdivision lawfully possessed prior to September fourteenth, nineteen
hundred ninety-four.
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, manufactured after September
thirteenth, nineteen hundred ninety-four, that has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition; provided, however, that such term does not include
an attached tubular device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.