Creates the "defend our homes act"; authorizes the possession of a magazine with more than 7 rounds but less than 11 rounds in a person's home; repealer

1 Co-sponsor

• Marc Panepinto

Title of bill

An act to amend the penal law, in relation to establishing the "defend our homes act" providing exemptions for ammunition feeding device capacity in homes; and to repeal certain provisions of such law relating thereto

Purpose or general idea of bill

Provides an exemption to the ammunition feeding device limit to less than 10 rounds in the confines of the possessor's home and repeals

Section 265.37 of the penal law.

Summary of specific provisions

Section 1. Titles this act as the "Defend Our Homes Act".

Section 2. Provides an exemption to the penal law, under Section 265.20, to allow for the possession of a magazine or ammunition feeding device with more than 7 rounds and not more than 10 rounds, stored in a safe storage depository, in the home of the possessor.

Section 3. Repeals Section 265.37 of the penal law.

Section 4. Effective date and deems to have been in full force as of March 16, 2013.

Justification

The arbitrary round limit for ammunition feeding devices imposed by the NY SAFE Act has no practical basis for existence. Therefore, for the purposes of defense within one's home, this legislation would allow the possessor to resume the previous 10 round limit for ammunition feeding devices, within the confines of one's home. In order to prevent the misuse of such allowance, like any firearm, it must be stored in a safe storage depository. The restoration of the 10 round limitation is a reasonable round limit and provides the possessor with reassurance in the event they should need to protect themselves or their property.

Prior legislative history

2013-2014: S.4990 Died in Codes

Fiscal implications

None.

Effective date

Immediately and shall be deemed to have been in full force and effect on March 16, 2013.