 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2758
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        Introduced  by  M. of A. BUTLER, BRABENEC, CROUCH, GIGLIO -- Multi-Spon-
          sored by -- M. of A. BARCLAY -- read once and referred to the  Commit-
          tee on Codes
 
        AN  ACT  to  amend  the  penal  law, in relation to the definition of an
          assault weapon
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraphs  (a), (b) and (c) of subdivision 22 of section
     2  265.00 of the penal law, as added by chapter 1 of the laws of 2013,  are
     3  amended to read as follows:
     4    (a)  a  semiautomatic rifle that has an ability to accept a detachable
     5  magazine, has a pistol grip that  protrudes  conspicuously  beneath  the
     6  action  of  the weapon, and has at least one of the following character-
     7  istics:
     8    (i) a folding or telescoping stock;
     9    (ii) [a pistol grip that protrudes conspicuously beneath the action of
    10  the weapon;
    11    (iii)] a thumbhole stock;
    12    [(iv)] (iii) a second handgrip or a protruding grip that can  be  held
    13  by the non-trigger hand;
    14    [(v)] (iv) a bayonet mount;
    15    [(vi)]  (v) a flash suppressor[, muzzle break, muzzle compensator,] or
    16  threaded barrel designed to  accommodate  a  flash  suppressor[,  muzzle
    17  break, or muzzle compensator];
    18    [(vii)] (vi) a grenade launcher; or
    19    (b)  a  semiautomatic  shotgun  that has at least one of the following
    20  characteristics:
    21    (i) a folding or telescoping stock;
    22    (ii) [a thumbhole stock;
    23    (iii)] a second handgrip or a protruding grip that can be held by  the
    24  non-trigger hand;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01362-01-7

        A. 2758                             2
 
     1    [(iv)] (iii) a fixed magazine capacity in excess of seven rounds;
     2    [(v)] (iv) an ability to accept a detachable magazine; or
     3    (c)  a semiautomatic pistol that has an ability to accept a detachable
     4  magazine and has at least one of the following characteristics:
     5    (i) a folding or telescoping stock;
     6    (ii) a thumbhole stock;
     7    (iii) a second handgrip or a protruding grip that can be held  by  the
     8  non-trigger hand;
     9    (iv)  capacity  to  accept an ammunition magazine that attaches to the
    10  pistol outside of the pistol grip;
    11    (v) a threaded barrel capable of accepting a  barrel  extender,  flash
    12  suppressor, forward handgrip, or silencer;
    13    (vi)  [a shroud that is attached to, or partially or completely encir-
    14  cles, the barrel and that permits the shooter to hold the  firearm  with
    15  the non-trigger hand without being burned;
    16    (vii)]  a  manufactured weight of fifty ounces or more when the pistol
    17  is unloaded; or
    18    [(viii)] (vii) a semiautomatic version of an automatic rifle,  shotgun
    19  or firearm;
    20    § 2. This act shall take effect immediately.
Relates to the definition of assault weapons

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