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History
- Referred to codes
- Referred to codes
Full text
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Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the possession of armor piercing, frangible or devastator ammunition
Purpose
The subject bill amends section 265.00 of the Penal Law to amend the definition of armor piercing ammunition to include new construction materials, and to prohibit the possession of frangible ammunition and devastator ammunition.
Justification
Police and hospital statistics have shown an increase in deaths and injuries resulting from increasingly deadly and horrific types of ammunition. These latest types of ammunition, such as armor piercing, frangible and devastator ammunition, are designed to pierce bullet proof vests or to fragment, explode, detonate, or disintegrate upon impact so as to render survival unlikely.
As technology advances to allow the design and manufacture of ammunition made of unique substances and of greater destructive force, we must modernize the penal code to reflect such changes. Currently, less lethal and destructive ammunitions are subject to criminal sanctions while the newer and more deadly types of ammunition are not. By amending existing sanctions to include these new types of ammunition, this bill would deter the possession and use of those ammunitions, consistent with existing provisions.
Furthermore, by removing the element of knowledge in subdivision 7 and the element of intent to use in subdivision 8 for purposes of criminal possession of a weapon in the fourth degree, and by adding knowing possession of armor piercing ammunition, frangible ammunition or devastator ammunition to the definition of criminal possession of a weapon in the third degree, law enforcement is better able to address the serious consequences of the use of such destructive ammunitions.
Legislative history
S.2002/A.3447 of 2007-08 (Passed Assembly); S.7693/A.2837 of 2005-06.
Fiscal implications
None.
Effective date
First day of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.