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

Summary of provisions

Section 1 presents legislative findings.

Sections 2 amends section 265.00 of the penal law to add references to 50-caliber weapons to certain definitions.

Section 3 defines 50-caliber weapons and excludes from definition any muzzle loading rifle or shotgun with a rifled bore.

Section 4 amends subdivision 3 of section 265.02 of the penal law to extend criminal possession of a weapon in the third degree to include possession of a 50-caliber weapon.

Section 5 adds a new subdivision 4 to section 265.02 of the penal law to extend criminal possession of a weapon in the third degree to include possession of a 50-caliber weapon.

Section 6 amends section 265.03 of the penal law to include possession of a 50-caliber weapon with intent to use the same - unlawfully against another as criminal possession of a weapon in the second degree.

Section 7 amends the penal law by adding two new sections, 265.45 and 265.46, which create the crimes of criminal use of a 50-caliber weapon in the first and second degree and proscribe penalties therefore.

Section 8 amends subdivision 2 of section 265.08 of the penal law to add the display of a 50-caliber weapon during the commission of a class C violent felony offense to the crime of criminal use of a firearm in the second degree.

Section 9 amends paragraph (b) of subdivision 1 of section 265.09 of the penal law to add the display of a 50-caliber weapon during the commission of a class B violent felony offense to the crime of criminal use of a firearm in the first degree.

Section 10 amends sections 2, 3, and 6 of section 265.10 of the penal law to include the 50-caliber weapon among those weapons it is illegal to transport, ship, dispose of, and deface with illicit purpose.

Section 11 amends subdivisions 1 and 5 of section 265.15 of the penal law. Section 1 is amended to include 50-caliber-weapons among those whose presence is presumptive evidence of possession by those occupying the place where the weapon is found. Section 5 is amended to include the presence of a defaced 50-caliber weapon as presumptive evidence of the weapon's defacement by those occupying the place where the weapon is found.

Section 12 amends paragraph 2 of subdivision a of section 265.20 of the penal law to create exemptions for prison staff.

Section 13 amends paragraph 8 of subdivision a of section 265.20 of the penal law to exempt the manufacture of 50-caliber weapons for the use of law enforcement and prison staff.

Section 14 adds a new subdivision e to section 165.20 of the penal law to further clarify the definition of a 50-caliber weapon.

Sections 15 to 19 amend sections 265.11-14 and 265.16 of the penal law to create the crimes of criminal sale of a 50-caliber weapon in the first, second, and third degrees, as well as criminal sale of a 50-caliber weapon with the aid of a minor and criminal sale of a 50-caliber weapon to a minor.

Sections 20-21 amend the opening paragraph of subdivision 1 of section 55.05 and paragraph (a) of subdivision 1 of section 55.10 of the penal law to create exceptions to felony classifications.

Section 22 orders the state police to take such action as is necessary to ensure compliance with this law and implements procedures to assist individuals in becoming compliant.

Section 23 sets forth the bill's effective date.

Justification

The 50-caliber weapon is one of the most dangerous weapons in the U.S. military's arsenal and perhaps the most dangerous weapon legally available in the state of New York. These rifles are designed to kill human beings and disable machinery at distances of well over a mile. Due to the large size of bullet used by these rifles and the high velocity at which these bullets are fired, the rifle can be extremely accurate at long range when handled by an experienced shooter.

Fifty-caliber weapons are readily available to civilians in gun stores and through the internet, leading to thousands of rifles having been sold throughout the country in the last two decades. It is exactly the benefit of 50-caliber weapons to the military that make them such a potentially dangerous weapon in the wrong hands. A weapon with the

capacity to kill a human at over a mile, pierce body and vehicle armor, and destroy military and civilian infrastructure could cause considerable destruction and havoc if wielded by an assassin or other criminal or terrorist.

Alarmingly, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATP) investigators have found that some of these weapons have ended up in the hands of domestic and international terrorist organizations, international drug traffickers, and violent criminals.

Despite their versatility in war, these rifles have limited lawful purposes. They weigh between twenty and forty pounds and measure almost five feet in length. They are too large and unwieldy for effective home defense and too powerful and destructive for hunting. This bill will ban the possession, sale and use of SO-caliber weapons in order to protect our citizens and the law enforcement personnel who risk their lives to keep us safe.

Legislative history

2012: S.86/A.5926 (Kavanagh) - Referred to Codes 2011: S.86/A.5926 (Kavanagh - Referred to Codes 2010: S.7854/A.9904 (Kavanagh) - Referred to Codes 2009: A.3211-A (Eddington) - Passed Assembly 2008: A.2772-A (Eddington) - Passed Assembly 2007: A.2772-A (Eddington) - Passed Assembly 2006: A.4471-A (Eddington) - Passed Assembly 2005: A.4471-A (Eddington) - Passed Assembly 2004: A.7039-A (Eddington) - Passed Assembly 2003: A.7039-A (Eddington) - Passed Assembly 2002: A.9452 (Matusow) - Passed Assembly

Fiscal impact on the state

Minimal costs associated with reimbursement.

Effective date

This act shall take effect immediately; provided, however, that sections one through twenty-one of this act shall take effect on the thirtieth day after this act shall have become a law.