Posted: 5/17/2005 9:05:10 PM EDT
This was posted in the Armory section. This is COMPLETE BS! If this passes, you guys will have to turn in your guns... UnConstitutional laws here! 4471 2005-2006 Regular Sessions I N A S S E M B L Y February 10, 2005 ___________ Introduced by M. of A. EDDINGTON, BING, LIFTON, BRADLEY, RAMOS, LAVELLE -- Multi-Sponsored by -- M. of A. CARROZZA, CLARK, R. DIAZ, DINOWITZ, ENGLEBRIGHT, GLICK, GREENE, HOYT, JOHN, KOON, ORTIZ, PAULIN, PEOPLES, PERRY, PHEFFER, SANDERS, SCARBOROUGH, STRINGER, WEINSTEIN, WEISENBERG -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the executive law, in relation to banning the sale, possession or use of 50-caliber weapons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and declaration. The legislature here- 2 by finds and declares that 50-caliber or larger weapons having the 3 capacity for rapidly discharging ammunition have no acceptable purpose. 4 The legislature additionally finds and declares that such weapons pose 5 such an imminent threat and danger to the safety and security of the 6 people of this state that it is necessary to ban the possession and use 7 of such weapons. 8 S 2. Subdivisions 8 and 9 of section 265.00 of the penal law, as 9 amended by chapter 189 of the laws of 2000, are amended to read as 10 follows: 11 8. "Gunsmith" means any person, firm, partnership, corporation or 12 company who engages in the business of repairing, altering, assembling, 13 manufacturing, cleaning, polishing, engraving or trueing, or who 14 performs any mechanical operation on, any firearm, large capacity ammu- 15 nition feeding device, 50-CALIBER WEAPON or machine-gun. 16 9. "Dealer in firearms" means any person, firm, partnership, corpo- 17 ration or company who engages in the business of purchasing, selling, 18 keeping for sale, loaning, leasing, or in any manner disposing of, any 19 assault weapon, large capacity ammunition feeding device, 50-CALIBER 20 WEAPON, pistol or revolver. 21 S 3. Section 265.00 of the penal law is amended by adding a new subdi- 22 vision 24 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted. LBD08545-02-5 A. 4471 2 1 24. "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A CENTER-FIRE 2 CARTRIDGE IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY OTHER 3 VARIANT OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF SUCH 4 CALIBER, PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE 5 CONSTRUED TO INCLUDE ANY MUZZLE LOADING RIFLE WHICH IS DESIGNED TO USE 6 BLACK POWDER, OR A BLACK POWDER SUBSTITUTE, AND WHICH CANNOT USE FIXED 7 AMMUNITION. 8 S 4. Subdivision 3 of section 265.02 of the penal law, as amended by 9 chapter 695 of the laws of 1987, is amended to read as follows: 10 (3) He knowingly has in his possession a machine-gun, A 50-CALIBER 11 WEAPON, firearm, rifle or shotgun which has been defaced for the purpose 12 of concealment or prevention of the detection of a crime or misrepre- 13 senting the identity of such machine-gun, 50-CALIBER WEAPON, firearm, 14 rifle or shotgun; or 15 S 5. Section 265.02 of the penal law is amended by adding a new subdi- 16 vision 9 to read as follows: 17 (9) HE POSSESSES ANY 50-CALIBER WEAPON. 18 S 6. Section 265.03 of the penal law, as added by chapter 1041 of the 19 laws of 1974, the opening paragraph and subdivisions 1, 2 and 3 as 20 amended by chapter 378 of the laws of 1998, is amended to read as 21 follows: 22 S 265.03 Criminal possession of a DANGEROUS weapon in the second degree. 23 A person is guilty of criminal possession of a DANGEROUS weapon in the 24 second degree when{, with intent to use the same unlawfully against 25 another}: 26 (1) He possesses a machine-gun; or 27 (2) He possesses A 50-CALIBER WEAPON OR a loaded firearm WITH INTENT 28 TO USE THE SAME UNLAWFULLY AGAINST ANOTHER; or 29 (3) He possesses a disguised gun WITH INTENT TO USE THE SAME UNLAW- 30 FULLY AGAINST ANOTHER. 31 Criminal possession of a DANGEROUS weapon in the second degree is a 32 class C felony. 33 S 7. The penal law is amended by adding two new sections 265.45 and 34 265.46 to read as follows: 35 S 265.45 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND DEGREE. 36 1. A PERSON IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE 37 SECOND DEGREE WHEN HE COMMITS ANY CLASS C VIOLENT FELONY OFFENSE AS 38 DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 70.02 OF THIS 39 CHAPTER AND HE USES A 50-CALIBER WEAPON, AS DEFINED IN SUBDIVISION TWEN- 40 TY-FOUR OF SECTION 265.00 OF THIS ARTICLE, IF THE 50-CALIBER WEAPON IS A 41 LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING 42 DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED. 43 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A 44 PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND 45 DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THE COURT SHALL 46 IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF FIVE YEARS TO THE MINIMUM TERM 47 OF THE INDETERMINATE SENTENCE OR TERM OF THE DETERMINATE SENTENCE 48 IMPOSED ON THE UNDERLYING CLASS C VIOLENT FELONY CONVICTION. NOTWITH- 49 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE AGGREGATE OF 50 THE FIVE YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS SUBDIVISION AND 51 THE MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE UNDERLYING 52 CLASS C VIOLENT FELONY CONVICTION SHALL CONSTITUTE THE NEW AGGREGATE 53 MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT SUBJECT TO SUCH TERM SHALL 54 BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE 55 ELIGIBLE FOR RELEASE ON PAROLE OR OTHER DISCRETIONARY RELEASE DURING 56 SUCH TERM. A. 4471 3 1 S 265.46 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST DEGREE. 2 1. A PERSON IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE 3 FIRST DEGREE WHEN HE COMMITS ANY CLASS A FELONY OFFENSE CONSTITUTING 4 MURDER, KIDNAPPING, ARSON, CONSPIRACY OR SALE OF A CONTROLLED SUBSTANCE 5 OR ATTEMPTS TO COMMIT ANY SUCH CLASS A FELONY WHERE SUCH ATTEMPT ALSO 6 CONSTITUTES A CLASS A FELONY, OR ANY CLASS B VIOLENT FELONY OFFENSE AS 7 DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.02 OF THIS 8 CHAPTER AND HE USES A 50-CALIBER WEAPON, AS DEFINED IN SUBDIVISION TWEN- 9 TY-FOUR OF SECTION 265.00 OF THIS ARTICLE, IF THE 50-CALIBER WEAPON IS A 10 LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING 11 DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED. 12 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A 13 PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST 14 DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THE COURT SHALL 15 IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF TEN YEARS TO THE MINIMUM TERM 16 OF THE INDETERMINATE SENTENCE OR TERM OF THE DETERMINATE SENTENCE 17 IMPOSED ON THE UNDERLYING CLASS A OR CLASS B VIOLENT FELONY CONVICTION. 18 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE AGGRE- 19 GATE OF THE TEN YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS SUBDIVI- 20 SION AND THE MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE 21 UNDERLYING CLASS A OR CLASS B VIOLENT FELONY CONVICTION SHALL CONSTITUTE 22 THE NEW AGGREGATE MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT SUBJECT 23 TO SUCH TERM SHALL BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM 24 TERM AND SHALL NOT BE ELIGIBLE FOR RELEASE ON PAROLE OR OTHER DISCRE- 25 TIONARY RELEASE DURING SUCH TERM. 26 S 8. Subdivision 2 of section 265.08 of the penal law, as added by 27 chapter 233 of the laws of 1980, is amended to read as follows: 28 (2) displays what appears to be a pistol, revolver, rifle, shotgun, 29 50-CALIBER WEAPON, machine gun or other firearm. 30 S 9. Paragraph (b) of subdivision 1 of section 265.09 of the penal 31 law, as amended by chapter 650 of the laws of 1996, is amended to read 32 as follows: 33 (b) displays what appears to be a pistol, revolver, rifle, shotgun, 34 50-CALIBER WEAPON, machine gun or other firearm. 35 S 10. Subdivisions 2, 3 and 6 of section 265.10 of the penal law, as 36 amended by chapter 189 of the laws of 2000, are amended to read as 37 follows: 38 2. Any person who transports or ships any machine-gun, 50-CALIBER 39 WEAPON, firearm silencer, assault weapon or large capacity ammunition 40 feeding device or disguised gun, or who transports or ships as merchan- 41 dise five or more firearms, is guilty of a class D felony. Any person 42 who transports or ships as merchandise any firearm, other than an 43 assault weapon, switchblade knife, gravity knife, pilum ballistic knife, 44 billy, blackjack, bludgeon, metal knuckles, Kung Fu star, chuka stick, 45 sandbag or slungshot is guilty of a class A misdemeanor. 46 3. Any person who disposes of any machine-gun, assault weapon, large 47 capacity ammunition feeding device, 50-CALIBER WEAPON or firearm silenc- 48 er is guilty of a class D felony. Any person who knowingly buys, 49 receives, disposes of, or conceals a machine-gun, 50-CALIBER WEAPON, 50 firearm, large capacity ammunition feeding device, rifle or shotgun 51 which has been defaced for the purpose of concealment or prevention of 52 the detection of a crime or misrepresenting the identity of such 53 machine-gun, 50-CALIBER WEAPON, firearm, large capacity ammunition feed- 54 ing device, rifle or shotgun is guilty of a class D felony. A. 4471 4 1 6. Any person who wilfully defaces any machine-gun, large capacity 2 ammunition feeding device, 50-CALIBER WEAPON or firearm is guilty of a 3 class D felony. 4 S 11. Subdivisions 1 and 5 of section 265.15 of the penal law, subdi- 5 vision 5 as amended by chapter 695 of the laws of 1987, are amended to 6 read as follows: 7 1. The presence in any room, dwelling, structure or vehicle of any 8 machine-gun OR 50-CALIBER WEAPON is presumptive evidence of its unlawful 9 possession by all persons occupying the place where such machine-gun OR 10 50-CALIBER WEAPON is found. 11 5. The possession by any person of a defaced machine-gun, 50-CALIBER 12 WEAPON, firearm, rifle or shotgun is presumptive evidence that such 13 person defaced the same. 14 S 12. Paragraph 2 of subdivision a of section 265.20 of the penal law, 15 as amended by chapter 189 of the laws of 2000, is amended to read as 16 follows: 17 2. Possession of a machine-gun, large capacity ammunition feeding 18 device, 50-CALIBER WEAPON, firearm, switchblade knife, gravity knife, 19 pilum ballistic knife, billy or blackjack by a warden, superintendent, 20 headkeeper or deputy of a state prison, penitentiary, workhouse, county 21 jail or other institution for the detention of persons convicted or 22 accused of crime or detained as witnesses in criminal cases, in pursuit 23 of official duty or when duly authorized by regulation or order to 24 possess the same. 25 S 13. Paragraph 8 of subdivision a of section 265.20 of the penal law, 26 as amended by chapter 189 of the laws of 2000, is amended to read as 27 follows: 28 8. The manufacturer of machine-guns, assault weapons, large capacity 29 ammunition feeding devices, 50-CALIBER WEAPONS, disguised guns, pilum 30 ballistic knives, switchblade or gravity knives, billies or blackjacks 31 as merchandise and the disposal and shipment thereof direct to a regu- 32 larly constituted or appointed state or municipal police department, 33 sheriff, policeman or other peace officer, or to a state prison, peni- 34 tentiary, workhouse, county jail or other institution for the detention 35 of persons convicted or accused of crime or held as witnesses in crimi- 36 nal cases, or to the military service of this state or of the United 37 States. 38 S 14. Section 265.20 of the penal law is amended by adding a new 39 subdivision d to read as follows: 40 D. THE TERMS "PISTOL," "REVOLVER," "RIFLE," AND "SHOTGUN" AS USED IN 41 PARAGRAPHS THREE THROUGH FIVE, SEVEN THROUGH SEVEN-B, TWELVE, THIRTEEN 42 AND THIRTEEN-A OF SUBDIVISION A OF THIS SECTION SHALL NOT INCLUDE A 43 50-CALIBER WEAPON AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 44 265.00 OF THIS ARTICLE. 45 S 15. Section 265.11 of the penal law, as amended by chapter 310 of 46 the laws of 1995, subdivision 1 as amended by chapter 189 of the laws of 47 2000 and the closing paragraph as amended by chapter 654 of the laws of 48 1998, is amended to read as follows: 49 S 265.11 Criminal sale of a firearm OR 50-CALIBER WEAPON in the third 50 degree. 51 A person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON 52 in the third degree when he is not authorized pursuant to law to possess 53 a firearm OR 50-CALIBER WEAPON and he unlawfully either: 54 (1) sells, exchanges, gives or disposes of a firearm {or}, large 55 capacity ammunition feeding device OR 50-CALIBER WEAPON to another 56 person; or A. 4471 5 1 (2) possesses a firearm OR 50-CALIBER WEAPON with the intent to sell 2 it. 3 Criminal sale of a firearm OR 50-CALIBER WEAPON in the third degree is 4 a class D felony. 5 S 16. Section 265.12 of the penal law, as amended by chapter 496 of 6 the laws of 1991 and the closing paragraph as amended by chapter 654 of 7 the laws of 1998, is amended to read as follows: 8 S 265.12 Criminal sale of a firearm OR 50-CALIBER WEAPON in the second 9 degree. 10 A person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON 11 in the second degree when he unlawfully sells, exchanges, gives or 12 disposes of to another ten or more firearms OR 50-CALIBER WEAPONS. 13 Criminal sale of a firearm OR 50-CALIBER WEAPON in the second degree 14 is a class C felony. 15 S 17. Section 265.14 of the penal law, as added by chapter 175 of the 16 laws of 1991 and the closing paragraph as amended by chapter 654 of the 17 laws of 1998, is amended to read as follows: 18 S 265.14 Criminal sale of a firearm OR 50-CALIBER WEAPON with the aid of 19 a minor. 20 A person over the age of eighteen years of age is guilty of criminal 21 sale of a {weapon} FIREARM OR 50-CALIBER WEAPON with the aid of a minor 22 when a person under sixteen years of age knowingly and unlawfully sells, 23 exchanges, gives or disposes of a firearm OR 50-CALIBER WEAPON in 24 violation of this article, and such person over the age of eighteen 25 years of age, acting with the mental culpability required for the 26 commission thereof, solicits, requests, commands, importunes or inten- 27 tionally aids such person under sixteen years of age to engage in such 28 conduct. 29 Criminal sale of a firearm OR 50-CALIBER WEAPON with the aid of a 30 minor is a class C felony. 31 S 18. Section 265.13 of the penal law, as added by chapter 496 of the 32 laws of 1991 and the closing paragraph as amended by chapter 654 of the 33 laws of 1998, is amended to read as follows: 34 S 265.13 Criminal sale of a firearm OR 50-CALIBER WEAPON in the first 35 degree. 36 A person is guilty of a criminal sale of a firearm OR 50-CALIBER WEAP- 37 ON in the first degree when he unlawfully sells, exchanges, gives or 38 disposes of to another twenty or more firearms. 39 Criminal sale of a firearm OR 50-CALIBER WEAPON in the first degree is 40 a class B felony. 41 S 19. Section 265.16 of the penal law, as added by chapter 600 of the 42 laws of 1992 and the closing paragraph as amended by chapter 654 of the 43 laws of 1998, is amended to read as follows: 44 S 265.16 Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor. 45 A person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON 46 to a minor when he is not authorized pursuant to law to possess a 47 firearm OR 50-CALIBER WEAPON and he unlawfully sells, exchanges, gives 48 or disposes of a firearm OR 50-CALIBER WEAPON to another person who is 49 or reasonably appears to be less than nineteen years of age who is not 50 licensed pursuant to law to possess a firearm OR 50-CALIBER WEAPON. 51 Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor is a class 52 C felony. 53 S 20. The opening paragraph of subdivision 1 of section 55.05 of the 54 penal law, as amended by chapter 276 of the laws of 1973, is amended to 55 read as follows: A. 4471 6 1 {Felonies} EXCEPT FOR THE FELONIES DEFINED IN SECTIONS 265.45 AND 2 265.46 OF THIS CHAPTER, FELONIES are classified, for the purpose of 3 sentence, into five categories as follows: 4 S 21. Paragraph (a) of subdivision 1 of section 55.10 of the penal 5 law, as amended by chapter 276 of the laws of 1973, is amended to read 6 as follows: 7 (a) {The} EXCEPT FOR THE FELONIES DEFINED IN SECTIONS 265.45 AND 8 265.46 OF THIS CHAPTER, THE particular classification or subclassifica- 9 tion of each felony defined in this chapter is expressly designated in 10 the section or article defining it. 11 S 22. The executive law is amended by adding a new section 231 to read 12 as follows: 13 S 231. COMPLIANCE WITH THE BAN ON THE SALE, POSSESSION OR USE OF 14 50-CALIBER WEAPONS. 1. FROM WITHIN AMOUNTS APPROPRIATED THEREFORE, THE 15 DIVISION OF STATE POLICE SHALL TAKE SUCH ACTION AS IS NECESSARY TO 16 IMPLEMENT A PROGRAM WHEREBY PERSONS, INCLUDING DEALERS OF FIREARMS, IN 17 LAWFUL POSSESSION OF 50-CALIBER WEAPONS MAY BRING THEMSELVES INTO 18 COMPLIANCE WITH THE PROVISIONS OF THE PENAL LAW WHICH BANS THE SALE, 19 POSSESSION OR USE OF SUCH WEAPONS. 20 2. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, ANY 21 LICENSED FIREARM DEALER WHO HAS IN HIS OR HER POSSESSION A NEW 50-CALI- 22 BER WEAPON SHALL BE ENTITLED TO RETURN SUCH WEAPON TO THE DISTRIBUTOR OR 23 MANUFACTURER, AND SHALL BE ENTITLED TO A FULL REFUND, OR CREDIT, IN AN 24 AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH WEAPON. IN ANY CASE WHERE A 25 DISTRIBUTOR OR MANUFACTURER FAILS OR REFUSES TO SO REFUND OR CREDIT SUCH 26 DEALER, THE DEALER SHALL NOTIFY THE DIVISION OF STATE POLICE, AND IT 27 SHALL IMMEDIATELY NOTIFY THE ATTORNEY GENERAL SO THAT HE OR SHE MAY 28 INTERCEDE AND TAKE SUCH ACTIONS ON BEHALF OF THE DEALER TO SECURE SUCH 29 REFUND OR CREDIT. 30 3. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, ANY 31 PERSON, INCLUDING A LICENSED FIREARM DEALER, WHO HAS IN HIS OR HER LEGAL 32 POSSESSION A USED 50-CALIBER WEAPON SHALL PERSONALLY DELIVER SUCH WEAPON 33 TO THE DIVISION OF STATE POLICE, AND UPON TRANSFERRING OWNERSHIP AND 34 POSSESSION TO A DULY DESIGNATED OFFICER THEREOF, SHALL BE ENTITLED TO 35 RECEIVE PAYMENT IN AN AMOUNT EQUAL TO THE FAIR MARKET VALUE OF SUCH 36 WEAPON, BUT NOT TO EXCEED EIGHT THOUSAND FIVE HUNDRED DOLLARS. 37 4. THE DIVISION OF STATE POLICE SHALL TAKE SUCH ACTION, INCLUDING A 38 PUBLIC CAMPAIGN USING THE PRINT MEDIA, TELEVISION, RADIO OR OTHER MEANS 39 TO NOTIFY PERSONS OF THE EXISTENCE OF THE PROGRAM ESTABLISHED IN THIS 40 SECTION. 41 S 23. This act shall take effect immediately; provided, however, that 42 sections one through twenty-one of this act shall take effect on the 43 thirtieth day after this act shall have become a law; and provided, 44 further, that those sections of this act which provide that it shall be 45 unlawful to sell, exchange, give or dispose of a 50-caliber weapon shall 46 take effect with respect to a gunsmith or dealer in firearms on the 47 fifth day after this act shall have become a law. .SO DOC A 4471 *END* BTXT 2005
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