Includes possession of armor piercing, frangible or devastator ammunition as criminal possession of a weapon

BILL NUMBER:S4175

Title of bill

An act to amend the penal law, in relation to the possession of armor piercing, frangible or devastator ammunition

Purpose

To amend the Penal Law definition of armor piercing ammunition to include new construction materials, to add definitions for frangible ammunition and devastator ammunition, and to prohibit the possession of frangible ammunition and devastator ammunition

Summary of provisions

Section 1 of the bill amends Penal Law section 265.00 to add two new subdivisions. New subdivision 25 defines "frangible ammunition" as ammunition composed of hybrid materials that are pressed or glued together with adhesives, are capable of being used in a pistol or, revolver, and fracture or disintegrate upon impact. New subdivision 26 defines "devastator ammunition" as ammunition that is capable of being used in pistols or revolvers and designed to explode or detonate on impact.

Section 2 of the bill amends subdivisions (7) and (8) of Penal Law section 265.01 to respectively provide that a person is guilty of criminal possession of a weapon in the fourth degree when he or she possesses devastator ammunition or when he or she possesses body piercing ammunition or frangible ammunition with the intent to use such ammunition unlawfully against another person.

Section four of the bill amends Penal Law section 265.01 by adding two new subdivisions (7) and (8) to respectively provide that a person is guilty of criminal possession of a weapon in the third degree when he or she knowingly possesses devastator ammunition with the intent to use such ammunition unlawfully against another person or when he or she knowingly possesses body piercing ammunition or frangible ammunition with the intent to use such ammunition unlawfully against another person.

Section 7 of the bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

Currently, a majority of the Board is required for an inmate to be granted parole.

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

2011-2: S.2146-A - Referred to Codes 2009-10: S.2379 - Referred to Codes 2007-8: S.2002 - Referred to Codes 2006: S.7693 - Referred to Codes

Fiscal implications

None

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.