Relates to possession and sale of armor piercing ammunition; repealer

5 Co-sponsors

• Jeffrey D. Klein
• Liz Krueger
• Kevin S. Parker
• José M. Serrano
• Toby Ann Stavisky

BILL NUMBER:S3717

Title of bill

An act to amend the penal law, in relation to possession and sale of armor piercing ammunition; and to repeal certain provisions of the penal law relating thereto

Purpose or general idea of bill

Makes the unlawful sells, exchanges, gives or disposals of, to another person or persons armor piercing ammunition a class B felony, as well as makes position of armor piercing ammunition a class B felony.

Summary of specific provisions

Section 1 of the bill repeals subdivision 8 of section 265.01 of the penal law which makes it a class A misdemeanor to possess any armor Piercing ammunition with intent to use the same unlawfully ammunition against another.

Section 2 of the bill amends section 268.04 of the code by adding a third subdivision which makes possession of armor piercing ammunition a criminal possession of a weapon in the first degree which is a class B felony.

Section 3 of the bill amends section 268.13 of the penal law by adding a third subdivision which makes the unlawful sells, exchanges, gives or disposals of, to another person or persons armor piercing ammunition a criminal sale of a firearm in the first degree which is a class B felony.

Justification

Following the attempted assassination of former President Ronald Reagan and the shooting of Press Secretary James Brady, the possession of a bullet "containing an explosive substance designed to detonate upon impact" was criminalized (§ 268.01(7)). In addition, in 1985 the possession, with intent, of "armor piercing ammunition" (as defined in § 265.00(18)) or the commonly know "COP killer" bullet was criminalized. However, the qualification of intent did not render possession unlawful.

Possession of "armor Piercing ammunition" does not reasonably infer any use other than to pierce the body armor worn by law enforcement representatives or to cause irreparable damage to the victim of a wound inflicted by the application of this type of ammunition. Consequently, possession can be inferred to be for an unlawful purpose.

This bill would make possession of devastating armor piercing rounds a class 3 felony instead of a class A misdemeanor as well as make the sale of such rounds a class B felony. Making it a more serious crime to possess these rounds which are used for destructive means and pose a grave danger to the lives of all New Yorkers and the police officers who protect them.

Prior legislative history

None.

Fiscal implications

To be determined.

Effective date

This act shall take effect 180 days after it shall become law.