Provides for banning the possession, sale or manufacture of assault weapons, subject to an exception; expands duties of superintendent of state police; repealer

Summary of provisions

Section 2 repeals Subdivision 22 of section 265.00 of the penal law and a new subdivision 22 is added that expands and clarifies the characteristics of what constitutes an "assault weapon" and also adds conversion kits, for converting a firearm into an assault weapon, to the list of banned items. Section 3 amends Section 265.00 of the penal law by adding four new subdivisions defining "detachable magazine", "muzzle break", "muzzle compensator" and "fixed magazine". Section 4 amends Section 265.20 of the penal law by adding a new subdivision e that provides exemptions for persons who own a weapon lawfully possessed before July first two thousand thirteen and who render the assault weapon permanently inoperable or surrender the assault weapon as provided for in subparagraph (f) of paragraph one of subdivision a of Section 265.20 of the penal law or register the assault weapon as provided for in Section three hundred ninety-six-ff of the general business law. Section 5 adds a new section 396-ff to the general business law that provides for the promulgation of rules and regulations by the division of state police for the addition of information identifying assault weapons lawfully possessed prior to January first two thousand thirteen to the databank established by this section.

EXISTING LAW:; Current law bans a number of specific weapons and their copies and semiautomatic pistols and rifles with a detachable ammunition magazine and two or more military style features. Specific banned weapons include AK-47s, Uzis, Tec-9s, and Street Sweepers.

Justification

This proposal will significantly strengthen New York State's current law prohibiting the sale, possession and use of military-style assault weapons, particularly in light of the expiration of the 1994 federal law banning such weapons.

The gun industry has worked to evade the recently expired federal assault weapon ban by making insignificant, mostly cosmetic, changes in the design of banned assault weapons and then marketing them as "post-ban" guns. In 2002, the Washington, D.C. area snipers used a Bushmaster "post-ban" AR-15-style assault rifle in a killing spree that left 10 dead and three wounded. At the same time, new assault weapons have come onto the marketplace, such as the Hi-Point Carbine used in the 1999 Columbine massacre

Assault weapons, both pre- and post-ban guns, continue to pose a serious threat to the police and public throughout the United States. According to FBI data, assault weapons were used to kill one out of five law enforcement officers slain in the line of duty from 1998 through 2001. Assault weapons have been used in some of the most notorious mass shootings since the federal ban was enacted in 1994, including the 1997 shooting at the Caltrans Maintenance Yard in Orange, California, where four were killed and two were wounded (AK-47 assault rifle), the Columbine High School massacre in 1999 that left 13 dead and 23 wounded (TEC-DC9 assault pistol and Hi-Point Carbine), the 2000 shooting at the Edgewater Technology office in Wakefield, Massachusetts, that left seven dead (AK-47 assault rifle) and, the 2001 shooting at Navistar International Corporation in which four were killed and four wounded (SKS assault rifle).

New York State's assault weapon ban law works. It has made the streets of New York State safer. An improved assault weapon ban will provide even more protection for New Yorkers, especially the men and women of the law enforcement community.

Legislative history

2010 - S.4084/A.6294 Referred to Codes 2008 - Referred to Codes 2007 - Referred to Codes

Fiscal implications

None to the State.

Effective date

Takes effect July 1, 2013.