Relates to banning the possession, sale or manufacture of assault weapons; repealer

4 Co-sponsors

• Vivian Cook
• Crystal Peoples-Stokes
• Brian Kavanagh
• Michelle Schimel

6 Multi-sponsors

• William Boyland
• Deborah Glick
• Richard Gottfried
• Nettie Mayersohn
• N. Nick Perry
• Darryl Towns

BILL NUMBER:A6157A

Title of bill

An act to amend the penal law and the general business law, in relation to banning the possession, sale or manufacture of assault weapons and to repeal subdivision 22 of section 265.00 of the penal law relating thereto

Purpose or general idea of bill

This bill would replace the definition of an "assault weapon" with a new definition that relies on the charac- teristics of the weapon and includes definitions of assault weapon devices that are designed to enhance the lethality of these weapons. In addition, the bill would exempt persons in lawful possession, control or use of an assault weapon from misdemeanor violations if they: render the weapon permanently inoperable, surrender the weapon or register the weapon with the ballistic databank, defined in section 396-ff of the general business law.

Summary of specific provisions

Section 1. Legislative Findings

Section 2. Repeals subdivision 22 of section 265.00 of the penal law and adds a new subdivision 22 to amend the definition of "assault weap- on" by reference to devices that amplify the effect and dangerousness of weapons.

Section 3. Amends section 265.00 of the penal law by adding three new subdivisions 24, 25 and 26 to define three assault weapon enhancement features: "detachable magazine", "muzzle brake" and "muzzle compensa- tor".

Section 4. Amends section 265.20 of the penal law by adding a new subdivision e to exempt from misdemeanor violation any person who lawfully owns, uses or retains control of an assault weapon prior to January 1, 2011 and who, prior to April 1, 2011: renders the assault weapon permanently inoperable, surrenders the weapon to appropriate law enforcement or properly registers the weapon with the ballistic data- bank.

Section 5. Renumbers subdivision 7 of section 396-f of the general business law as subdivision 8 and adds a new subdivision 7 to provide for the addition of information identifying assault weapons lawfully possessed prior to January 1, 2011, to the existing ballistic databank.

Section 6. Severability Clause

Section 7. Effective Date

Justification

The New York state legislature finds that semi-automatic assault weapons are military-style guns designed to allow rapid and accurate spray firing for the quick and efficient killing of humans, The effect of these weapons has become increasingly devastating as gun manufacturers develop more enabling features for the purpose of military applications. Approximately 2,000,000 assault weapons are currently in

circulation in the United States. The availability of military style assault weapons poses a serious threat to the public health and safety. Most citizens, including gun owners, believe that assault weapons should not be available for civilian use. In addition, tragic events such as the 1999 massacre at Columbine High School, the 2002 Washington, D.C.- area sniper shootings, the 2003 execution-style killings of undercover officers in the Firearms Investigation Unit of the NYPD Organized Crime Control Bureau and the deaths of one in five law enforcement officers in the line of duty (19982001) all involved the actions of individuals using assault weapons.

Prior legislative history

A.11865 (2003-2004) - Referred to Codes; A.2466 (2005-2006) - Passed Assembly; A. 7331 (2007 - 2008) - Passed Assembly; A.6157 (2009) - Passed Assembly.

Fiscal implications

None.

Effective date

This act shall take effect on January 1, 2011.