What's happening
This bill allows retired law enforcement officers to possess or replace large capacity ammunition feeding devices holding up to sixteen rounds.
Why it matters
Expands access for retired law enforcement. The bill specifically allows retired New York or federal law enforcement officers to legally possess or replace large capacity magazines that hold up to sixteen rounds, which are otherwise heavily restricted in New York.
Recognizes practical needs for retired officers. By permitting “comparable replacements” up to sixteen rounds, the law acknowledges that retired officers may need to replace worn or damaged magazines for their service weapons—helping them maintain familiarity and proficiency with their firearms.
Requires ongoing firearms proficiency. Retired officers must continue to meet firearms qualification standards at their own expense every three years, ensuring they maintain a certain level of skill and responsible handling if they choose to keep these higher-capacity magazines.
Reflects a carveout from broader gun restrictions. This amendment creates a specific exception for a group with specialized firearms training, highlighting the ongoing debate over gun control, law enforcement privileges, and public safety in New York State.
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Who cares
Headline styles
Let Retired Cops Keep Magazines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3695
2017-2018 Regular Sessions
IN SENATE
January 25, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to large capacity ammunition feeding devices
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision e of section 265.20 of the penal law, as added by chapter 98 of the laws of 2013, is amended to read as follows:
e. Subdivision eight of section 265.02 and sections 265.36 and 265.37 of this chapter shall not apply to a qualified retired New York or federal law enforcement officer as defined in subdivision twenty-five of section 265.00 of this article, with respect to large capacity ammunition feeding devices issued to such officer or purchased by such officer in the course of his or her official duties and owned by such officer at the time of his or her retirement or comparable replacements for such devices, if: (i) the agency that employed the officer qualified such officer in the use of the weapon which accepts such device in accordance with applicable state or federal standards for active duty law enforcement officers within twelve months prior to his or her retirement; and (ii) such retired officer meets, at his or her own expense, such applicable standards for such weapon at least once within three years after his or her retirement date and at least once every three years thereafter, provided, however, that any such qualified officer who has been retired for eighteen months or more on the effective date of this subdivision shall have eighteen months from such effective date to qualify in the use of the weapon which accepts such large capacity ammunition feeding device according to the provisions of this subdivision, notwithstanding that such officer did not qualify within three years after his or her retirement date, provided that such officer is otherwise qualified and maintains compliance with the provisions of this subdivision. For purposes of this subdivision, a comparable replacement shall include a large capacity ammunition feeding device that is capable of holding up to sixteen rounds.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06029-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to large capacity ammunition feeding devices
Purpose
This bill clarifies what constitutes a replacement large capacity ammunition feeding device for qualified retired State or federal law enforcement officers.
Summary of provisions
Section one of this bill amends section 265.20(e) of the Penal Law by providing that a replacement large capacity ammunition feeding device includes a device that is capable of holding up to 16 rounds of ammunition.
Section two of this bill provides that this act shall take effect immediately.
Current law
Currently, the Penal Law offenses associated with the possession of a large capacity ammunition feeding device (Penal Law §§ 265.02(8), 265.36 and 265.37) do not apply to qualified retired State and federal law enforcement officers with regard to large capacity ammunition feeding devices in two situations. These situations occur when the large capacity ammunition feeding devices were issued to or purchased by such retired officers while they were on the job and owned by them at retirement and when such devices need to be replaced.
Justification
Retired State and federal law enforcement officers who are entitled to the exemptions from the high capacity ammunition feeding possession crimes have been trained and certified in the use of their weapon. The size of the ammunition feeding device has no bearing on such training or certification. This bill clarifies the current law and acknowledges that the size of an ammunition feeding device should not matter for purposes of this exemption. If a large capacity ammunition feeding device that is capable of holding up to sixteen rounds of ammunition can be used in the weapon that meets the criteria affording this exemption, then its ownership should be permitted under this exemption.
Legislative history
2016: S.6602 - Referred to Codes
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.