Posted: 2/7/2006 3:57:19 PM EDT
[#16]
Quoted: isn't that part under the definition of a pistol "assault weapon" it is in the current AWB
|
in the new bill, it's under both the pistol and rifle sections. in the existing ban, it's only under the pistol section. here's the text of the new ban: S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and 6 a new subdivision 22 is added to read as follows: 7 22. "ASSAULT WEAPON" MEANS ANY: 8 (A) SEMI-AUTOMATIC OR PUMP-ACTION RIFLE THAT HAS THE CAPACITY TO 9 ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING: 10 (I) A PISTOL GRIP; 11 (II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE 12 NON-TRIGGER HAND; 13 (III) A FOLDING, TELESCOPING OR THUMBHOLE STOCK; 14 (IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY 15 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE 16 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT 17 ENCLOSES THE BARREL; OR 18 (V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; 19 (B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE 20 WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN 21 ROUNDS OF AMMUNITION; 22 (C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE 23 MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING: 24 (I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE 25 NON-TRIGGER HAND; 26 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK; 27 (III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY 28 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE 29 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT 30 ENCLOSES THE BARREL; 31 (IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR 32 (V) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION 33 OUTSIDE OF THE PISTOL GRIP; 34 (D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING: 35 (I) A PISTOL GRIP OR A VERTICAL HANDGRIP; 36 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK; 37 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR 38 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; 39 (E) SHOTGUN WITH A REVOLVING CYLINDER; 40 (F) CONVERSION KIT, PART, OR COMBINATION OF PARTS, FROM WHICH AN 41 ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR 42 UNDER THE CONTROL OF THE SAME PERSON; OR 43 (G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, DETERMINED BY 44 RULES AND REGULATIONS OF THE SUPERINTENDENT OF STATE POLICE TO BE 45 PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. IN ADDI- 46 TION, THE SUPERINTENDENT OF STATE POLICE SHALL, BY RULES AND REGU- 47 LATIONS, DESIGNATE SPECIFIC SEMIAUTOMATIC CENTERFIRE OR RIMFIRE RIFLES 48 OR SEMIAUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL AND MANUFACTURER`S 49 NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTEN- 50 DENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY SUIT- 51 ABLE FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAPONS, 52 AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, SHALL BE MADE 53 AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC. 54 PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS 55 BEEN RENDERED PERMANENTLY INOPERABLE.
A. 2466--A 3
1 S 3. Section 265.00 of the penal law is amended by adding three new 2 subdivisions 24, 25 and 26 to read as follows: 3 24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE, THE 4 FUNCTION OF WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO 5 THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE FIREARM WITHOUT THE 6 USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE. 7 25. "MUZZLE BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON 8 THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL. 9 26. "MUZZLE COMPENSATOR" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A 10 WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT. 11 S 4. Section 265.20 of the penal law is amended by adding a new subdi- 12 vision d to read as follows: 13 D. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY 14 CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED 15 GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL 16 USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE 17 TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED 18 SUCH WEAPON PRIOR TO JANUARY FIRST, TWO THOUSAND SEVEN AND WHO, PRIOR TO 19 APRIL FIRST, TWO THOUSAND SEVEN: 20 1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR 21 2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT 22 AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI- 23 SION A OF THIS SECTION; OR 24 3. REGISTERS THE ASSAULT WEAPON AS PROVIDED FOR IN SUBDIVISION SEVEN 25 OF SECTION THREE HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW. 26 S 5. Subdivision 7 of section 396-ff of the general business law is 27 renumbered subdivision 8 and a new subdivision 7 is added to read as 28 follows: 29 (7) THE DIVISION OF STATE POLICE SHALL NO LATER THAN JANUARY FIRST, 30 TWO THOUSAND SEVEN, PROMULGATE RULES AND REGULATIONS FOR THE ADDITION OF 31 INFORMATION IDENTIFYING ASSAULT WEAPONS LAWFULLY POSSESSED PRIOR TO 32 JANUARY FIRST, TWO THOUSAND SEVEN TO THE DATABANK ESTABLISHED BY THIS 33 SECTION. SUCH RULES AND REGULATIONS SHALL, AT A MINIMUM, SPECIFY PROCE- 34 DURES BY WHICH THE OWNER OF AN ASSAULT WEAPON LAWFULLY POSSESSED PRIOR 35 TO JANUARY FIRST, TWO THOUSAND SEVEN IS TO DELIVER AN ASSAULT WEAPON AND 36 VERIFICATION OF A BACKGROUND CHECK REQUIRED BY 18 USC S 922 TO THE 37 REGIONAL PROGRAM FOR TESTING AND PROMPT RETURN. UPON RECEIPT OF THE 38 SEALED CONTAINER AND INSPECTION OF A CERTIFICATE PROVING THAT A BACK- 39 GROUND CHECK HAS BEEN CONDUCTED AND THE OWNER IS NOT PROHIBITED FROM 40 POSSESSING A FIREARM, THE DIVISION OF STATE POLICE SHALL CAUSE TO BE 41 ENTERED IN THE AUTOMATED ELECTRONIC DATABANK PERTINENT DATA, INCLUDING 42 BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE SHELL CASING AND 43 TO THE ASSAULT WEAPON FROM WHICH IT WAS DISCHARGED, AND THE DATE AND 44 PLACE OF THE BACKGROUND CHECK AND THE NAME OF THE INDIVIDUAL WHO 45 CONDUCTED SUCH BACKGROUND CHECK. 46 S 6. Severability. If any provision or term of this act is for any 47 reason declared unconstitutional or invalid or ineffective by any court 48 of competent jurisdiction, such decision shall not affect the validity 49 or the effectiveness of the remaining portions of this act or any part 50 thereof.
|
|