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S2448Senate2019-2020 SessionSame asA2684

Ban Rapid-Fire Gun Devices

Official title

“Prohibits the possession, manufacture, transport and disposition of rapid-fire modification devices”

Sponsor Luis R. SepúlvedaSD-32+35 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
6/10
Moderate
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill prohibits the possession, manufacture, transport, and sale of rapid-fire modification devices such as bump stocks and trigger cranks.

Why it matters

  1. Broadens the definition of illegal firearm modifications. by specifically naming not just bump stocks and trigger cranks, but also binary and burst trigger systems, as well as any device designed to increase the rate of fire, closing loopholes in existing law and covering newer or less-known devices.

  2. Establishes new criminal penalties. for both possession (class A misdemeanor) and for manufacturing, transporting, or selling rapid-fire modification devices (class E felony), signaling increased enforcement and deterrence targeting both individuals and businesses.

  3. Aligns these devices with other highly regulated or prohibited weapons. (such as machine guns and large-capacity magazines) in terms of legal treatment, which could affect gun owners, retailers, and manufacturers by increasing compliance burdens and risk of prosecution.

  4. Carves out exceptions for law enforcement, corrections, and military use. , ensuring that authorized personnel can still access these devices for official purposes, but removing them from general civilian circulation to address public safety concerns.

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Who cares

Headline styles

Ban Rapid-Fire Gun Devices

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Luis R. Sepúlveda

Senator · Senate District 32

Chair, Crime Victims, Crime And Correction

History

  1. Signed chap.130
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.21
  6. Substituted for A2684
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 49–14
  10. Ordered to third reading cal.92
  11. Reported and committed to rules
  12. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2684Assembly

Ban Rapid-Fire Gun Devices

Assembly Floor Calendar · Sponsor Patricia Fahy

Impact 6 · Moderate0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 2448 A. 2684

2019-2020 Regular Sessions

SENATE - ASSEMBLY

January 24, 2019

IN SENATE -- Introduced by Sens. SEPULVEDA, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU, MAY, MAYER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR, SANDERS, SAVINO, SERRANO, SKOUFIS, STAVISKY, STEWART- COUSINS, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. FAHY, HEASTIE, LENTOL, PEOPLES-STOKES, SIMOTAS, STECK, MOSLEY, McDONALD, GOTTFRIED, ABBATE, ORTIZ, NIOU, ZEBROWSKI, SOLAGES, BUCHWALD, LUPARDO, THIELE, SIMON, ENGLEBRIGHT, D'URSO, QUART, GALEF, GLICK, DINOWITZ, COLTON, L.… Show all

IN ASSEMBLY -- Introduced by M. of A. FAHY, HEASTIE, LENTOL, PEOPLES-STOKES, SIMOTAS, STECK, MOSLEY, McDONALD, GOTTFRIED, ABBATE, ORTIZ, NIOU, ZEBROWSKI, SOLAGES, BUCHWALD, LUPARDO, THIELE, SIMON, ENGLEBRIGHT, D'URSO, QUART, GALEF, GLICK, DINOWITZ, COLTON, L. ROSEN- THAL, JAFFEE, WEPRIN, ABINANTI, BRAUNSTEIN, SEAWRIGHT, LAVINE, PERRY, PAULIN, RAMOS, ARROYO, PICHARDO, VANEL, DE LA ROSA, HYNDMAN, O'DONNELL, TAYLOR, BLAKE, BICHOTTE, OTIS, BURKE, CRUZ, FRONTUS, GRIF- FIN, JACOBSON, McMAHON, REYES, SAYEGH, STERN, BUTTENSCHON, EPSTEIN, D. ROSENTHAL -- Multi-Sponsored by -- M. of A. HEVESI, JEAN-PIERRE, LIFTON -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to prohibiting the possession, manufacture, transport and disposition of rapid-fire modification devices

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 265.00 of the penal law is amended by adding five new subdivisions 26, 27, 28, 29, and 30 to read as follows:

26. "Rapid-fire modification device" means any bump stock, trigger crank, binary trigger system, burst trigger system, or any other device that is designed to accelerate the rate of fire of a semi-automatic firearm, rifle or shotgun.

27. "Bump stock" means any device or instrument that increases the rate of fire achievable with a semi-automatic firearm, rifle or shotgun

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

SA LBD08847-03-9

S. 2448 2 A. 2684

by using energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger.

28. "Trigger crank" means any device or instrument that repeatedly activates the trigger of a semi-automatic firearm, rifle or shotgun through the use of a lever or other part that is turned in a circular motion and thereby accelerates the rate of fire of such firearm, rifle or shotgun, provided, however, that "trigger crank" shall not include any weapon initially designed and manufactured to fire through the use of a crank or lever.

29. "Binary trigger system" means any device that, when installed in or attached to a semi-automatic firearm rifle, or shotgun causes that weapon to fire once when the trigger is pulled and again when the trigger is released.

30. "Burst trigger system" means any device that, when installed in or attached to a semi-automatic firearm, rifle, or shot gun, allows that weapon to discharge two or more shots with a single pull or the trigger by altering the trigger reset.

§ 2. The penal law is amended by adding a new section 265.01-c to read as follows: § 265.01-c Criminal possession of a rapid-fire modification device.

A person is guilty of criminal possession of a rapid-fire modification device when he or she knowingly possesses any rapid-fire modification device.

Criminal possession of a rapid-fire modification device is a class A misdemeanor.

§ 3. Subdivisions 1, 2 and 3 of section 265.10 of the penal law, subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008, and subdivision 3 as amended by chapter 189 of the laws of 2000, are amended to read as follows:

1. Any person who manufactures or causes to be manufactured any machine-gun, assault weapon, large capacity ammunition feeding device or disguised gun is guilty of a class D felony. Any person who manufactures or causes to be manufactured any rapid-fire modification device is guilty of a class E felony. Any person who manufactures or causes to be manufactured any switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is guilty of a class A misdemeanor.

2. Any person who transports or ships any machine-gun, firearm silencer, assault weapon or large capacity ammunition feeding device or disguised gun, or who transports or ships as merchandise five or more firearms, is guilty of a class D felony. Any person who transports or ships any rapid-fire modification device is guilty of a class E felony. Any person who transports or ships as merchandise any firearm, other than an assault weapon, switchblade knife, gravity knife, pilum ballistic knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a class A misdemeanor.

3. Any person who disposes of any machine-gun, assault weapon, large capacity ammunition feeding device or firearm silencer is guilty of a class D felony. Any person who disposes of any rapid-fire modification device is guilty of a class E felony. Any person who knowingly buys, receives, disposes of, or conceals a machine-gun, firearm, large capacity ammunition feeding device, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, large

S. 2448 3 A. 2684

capacity ammunition feeding device, rifle or shotgun is guilty of a class D felony.

§ 4. The opening paragraph of subdivision a of section 265.20 of the penal law, as amended by section 1 of part FF of chapter 57 of the laws of 2013, is amended to read as follows:

Paragraph (h) of subdivision twenty-two of section 265.00 and sections 265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05 shall not apply to:

§ 5. The opening paragraph of paragraph 1 of subdivision a of section 265.20 of the penal law, as amended by chapter 1041 of the laws of 1974, is amended to read as follows:

Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01, 265.01-c, 265.02, 265.03, 265.04, 265.05 and 270.05 by the following:

§ 6. Paragraphs 2 and 8 of subdivision a of section 265.20 of the penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and paragraph 8 as amended by chapter 476 of the laws of 2018, are amended to read as follows:

2. Possession of a machine-gun, large capacity ammunition feeding device, rapid-fire modification device, firearm, switchblade knife, gravity knife, pilum ballistic knife, billy or blackjack by a warden, superintendent, headkeeper or deputy of a state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or detained as witnesses in criminal cases, in pursuit of official duty or when duly authorized by regulation or order to possess the same.

8. The manufacturer of machine-guns, firearm silencers, assault weapons, large capacity ammunition feeding devices, rapid-fire modification devices, disguised guns, pilum ballistic knives, switchblade or gravity knives, billies or blackjacks as merchandise, or as a transferee recipient of the same for repair, lawful distribution or research and development, and the disposal and shipment thereof direct to a regularly constituted or appointed state or municipal police department, sheriff, police officer or other peace officer, or to a state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, or to the military service of this state or of the United States; or for the repair and return of the same to the lawful possessor or for research and development.

§ 7. This act shall take effect immediately; provided, however, that section two of this act shall take effect on the one hundred twentieth day after it shall have become a law.

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 prohibiting the possession, manufacture, transport and disposition of rapid-fire modifi- cation devices

Purpose or general idea of bill

To prohibit the possession, manufacture, transportation, shipment and sale of items that accelerate the firing rate of firearms, rifles, or shotguns.

Summary of provisions

Section 1 amends section 265.00 the penal law to create new subdivisions 26, 27, 28, 29, and 30.

Section 2 amends the penal law to create a new section 265.01-c.

Section 3 makes conforming changes to section 265.10 of the penal law. Section 4 makes conforming changes to section 265.20 of the penal law.

Section 5 makes conforming changes to paragraph 1 of subdivision a of section 265.20 of the penal law.

Section 6 makes conforming changes to paragraphs 2 and 8 of subdivision a of section 265.20 of the penal law.

Section 7 sets forth the effective date.

Justification

In 2017, bump stocks and other devices that accelerate the rate of fire of semi-automatic firearms came to national attention after a mass shooting in Las Vegas, Nevada. These devices allow shooters to fire their firearms faster than any human could. Machine guns, and firearms that simulate machine guns, are already illegal under New York law, because we understand the immense public safety risks these weapons pose. Bump stocks and similar devices pose a similar threat to public safety.

States like Florida and California have already taken action to ban devices that accelerate rates of fire, as have federal regulations. Now, New York joins their ranks in prohibiting the possession, disposal, manufacture, and transport of bump stocks and other devices.

Prior legislative history

New bill

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided, however, that section two of this act shall take effect on the one hundred twentieth day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.