A04471 Memo:
BILL NUMBER:A4471 REPLACEMENT 1/5/06
TITLE OF BILL: An act to amend the penal law and the executive law, in
relation to banning the sale, possession or use of 50-caliber weapons
PURPOSE OR GENERAL IDEA OF BILL: To ban the possession, sale and use of
50-caliber weapons in the state of New York, to impose additional penal-
ties for the use of a 50-caliber weapon while committing certain felo-
nies and to implement procedures for public compliance with this stat-
ute.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 Legislative findings and
declaration
Sections 2-3 Definitions
Sections 4-19 Crimes of possession, use, display or transport of 50-cal-
iber weapon
Sections 20-21 Exceptions to felony classifications
Section 22 Compliance provisions
Section 23 Effective date
JUSTIFICATION: The 50-caliber weapon is one of the most dangerous weap-
ons in the U.S. military`s arsenal. These weapons are used for long-
range tactical assassinations and assaults in the U.S. Military. These
deadly weapons are accurate for up to 2000 yards (20 football fields) ,
or over one mile.
Although these powerful anti-personal weapons were designed for military
purposes, these weapons have appeared in the civilian market. These
weapons of war are readily available on the Internet and in gun stores.
Records obtained by the BATF (Bureau of Alcohol, Tobacco, and Firearms)
indicated that the largest manufacturer, the Barrett Company, manufac-
tured and sold over 2,800 50-caliber rifles between 1987-1998.
Investigators found that some of these weapons ended up in the hands of
domestic and international terrorist organizations, religious cults,
international drug traffickers, and violent criminals. These weapons
serve absolutely no legitimate non-military purpose.
The 50-caliber bullets from these military weapons travel at a tremen-
dous velocity and can travel great distance even after passing through a
target. A prudent target shooter aiming at a wooden target should be
certain that no one is within a distance of 2 miles beyond that target.
On April 28, 1999, the United States Marine Corps Scout Sniper Schools
invited the {Democratic} minority staff to its training facility in
Quantico, Virginia, to see a demonstration of the fifty caliber weapon.
During the demonstration, the Marine instructors discussed the destruc-
tive power of several fifty-caliber rounds.
They showed how an armor piercing round penetrated one inch thick rolled
homogeneous armor found on armored vehicles throughout the world, a
three and a half inch thick steel manhole cover, a two inch thick steel
track from a tractor, a piece of three quarter inch bullet-resistant
glass, and four cinder blocks with three quarter inch walls laid end to
end. Finally, a Marine shooter fired multiple shots in rapid succession
completely through a six-hundred pound safe.
- Congressman Henry Waxman
According to a report by the Violence Policy Center, Al Qaeda, Osama bin
Laden`s terrorist organization, purchased at least twenty-five 50-cali-
ber weapons from a U.S. manufacturer. This fact came to light at the
trial of terrorists convicted of the American embassy bombings in Afri-
ca. Al Qaeda also purchased range finders, night vision scopes and night
goggles which the manufacturer boasts will make the weapon "even more
effective under cover of darkness."
This bill will ban the possession, sale and use of 50-caliber weapons in
order to protect our citizens and our law enforcement personnel who risk
their lives to keep us safe.
PRIOR LEGISLATIVE HISTORY: 2004: A7039a - passed Assembly
2005: A4471 - passed Assembly
EFFECTIVE DATE: Immediately