Bans the sale, use or possession of 50-caliber weapons

3 Co-sponsors

• Steven Englebright
• Harvey Weisenberg
• Sam Hoyt

4 Multi-sponsors

• Richard Gottfried
• Susan John
• Audrey Pheffer
• Philip Ramos

BILL NUMBER:A9864

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 50caliber 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. Investi- gators found that some of these weapons ended up in the hands of domes- tic 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 Quan- tico, 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 50caliber weapons from a U.S. manufacturer. This fact came to light at the trial of terrorists convicted of the American embassy bombings in Africa. 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

Sponsored by M/A Eddington 2009 - Passed Assembly 20072008: A.2772-A - Passed Assembly/S.2411-A - Remained in Committee 2005-2006: A.4471-A - Passed Assembly 2004: A7039a - Passed Assembly

Fiscal implications

provisions. Minimal costs associated with reimbursement

Effective date

This act shall take effect immediately.