Allow Military to Carry Weapons

Section 2 provides the effective date.

Existing law

§265.00 of the Penal Law, defines large capacity ammunition feeding devices as a magazine, belt drum, feed strip, or similar device that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or (b) contains more than seven rounds of ammunition, or is obtained after the effective date of the chapter of the laws of 2013 which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic. A feeding device that is a curio or relic is defined as a device that (i) was manufactured at least fifty years prior to the current date, (ii) is only capable of being used exclusively in a firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof, (iii) is possessed by an individual who is not prohibited by state or federal law from possessing a firearm and (iv) is registered with the division of state police pursuant to subdivision sixteen-a of section 400.00 of this chapter, except such feeding devices transferred into the state may be registered at any time, provided they are registered within thirty days of their transfer into the state. Notwithstanding paragraph (h) of subdivision twenty-two of this section, such feeding devices may be transferred provided that such transfer shall be subject to the provisions of section 400.03 of this chapter including the check required to be conducted pursuant to such section.

§ 265.36 of the Penal Law provides that it shall be unlawful for a person to knowingly possess a large capacity ammunition feeding device manufactured before September 13, 1994, and if such person lawfully possessed such large capacity feeding device before the effective date of the chapter of the laws of 2013 which added this section that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition.

§ 265.37 of the Penal Law provides that it shall be unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition.

§ 265.20 of the Penal Law provides §§ 265.36 and 265.37 (among other sections under Article 265) shall not apply to: possession of any weapons, instruments, appliances or substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05, and 270.05 by the following: (a) Persons in the military service of the state of New York when duly authorized by regulations issued by the adjutant general to possess the same. (b) Police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law. (c) Peace officers as defined by section 2.10 of the criminal procedure law. (d) Persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to possess the same. (e) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract.

Justification

Over the course of a career, military service members may be assigned to multiple installations in many different states, each with its own laws regarding firearm ownership and use. Often, as part of their official duties, soldiers will be issued ammunition kits containing magazines capable of holding more than ten bullets. Pursuant to § 265.00 of the Penal Law, large capacity ammunition feeding devices means a magazine, belt, drum, feed strip, or similar device that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or (b) contains more than seven rounds of ammunition. Furthermore, pursuant to §§ 265.36 and 265.37 it is unlawful to possess a large capacity ammunition feeding device.

Soldiers living on and off the installation must possess, maintain, and transport their equipment, including large capacity ammunition feeding devices, between home and work. As federal property properly issued and held by soldiers, possession of these magazines on or off the military installation does not violate the above provisions of the SAFE Act. However, there remains concern that local and state law enforcement agencies may not discern this exemption. This bill clarifies that military members are authorized to possess large capacity feeding devices and other banned weapons when acting in their official military capacity.

Clarification regarding possession of this equipment by military service members will contribute to avoiding potential conflict with local and state law enforcement authorities. Ensuring that members of the military stationed in New York are able to fully execute their duties is essential. This bill will ensure that laudable objective.

Legislative history

2015-2016: S.5760 Referred to Codes.

Fiscal implications

None.

Effective date

This act shall take effect immediately.