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S2831Senate2019-2020 SessionSame asA5380

Change Assault Weapon Definition

Official title

“Relates to the definition of an assault weapon”

Sponsor Daphne JordanSD-43+7 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill amends the definition of "assault weapon" in New York by removing "pistol grip" from the list of qualifying features.

Why it matters

  1. Narrows the definition of "assault weapon" by removing firearms with only a "pistol grip" as a qualifying feature. , which could mean certain semiautomatic rifles would no longer be classified as assault weapons if a pistol grip is their sole relevant characteristic.

  2. Could impact gun owners and manufacturers by making it legal to own, sell, or manufacture some rifles that were previously banned under New York's assault weapon laws. , potentially increasing the number of firearms available for legal purchase.

  3. May influence enforcement and prosecution related to assault weapon laws. , as law enforcement would need to adjust to the new definition, potentially resulting in fewer weapons being subject to regulation or confiscation under current statutes.

  4. Reflects ongoing debates over which firearm features are most relevant to public safety and gun violence prevention. , possibly prompting further legislative or legal challenges regarding what constitutes an "assault weapon."

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Who cares

  • Owners of semiautomatic rifles

    A conspicuously protruding pistol grip would no longer, by itself, make a rifle that accepts a detachable magazine an assault weapon under the amended provision.

  • Firearms dealers

    The bill would narrow the assault-weapon definition relevant to their rifle inventories while retaining the other listed features.

  • Police and prosecutors

    They would need to apply the revised definition without treating a protruding pistol grip as a qualifying feature.

Headline styles

Change Assault Weapon Definition

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

Sponsors

History

  1. Referred to codes
  2. 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.

A5380Assembly

Change Assault Weapon Definition

In Assembly Committee · Codes · Sponsor David DiPietro

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2831

2019-2020 Regular Sessions

IN SENATE

January 29, 2019

Introduced by Sen. JORDAN -- 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 the definition of assault weapon

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

Section 1. Paragraph (a) of subdivision 22 of section 265.00 of the penal law, as added by chapter 1 of the laws of 2013, is amended to read as follows:

(a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics:

(i) a folding or telescoping stock;

(ii) [a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii)] a thumbhole stock;

[(iv)] (iii) a second handgrip or a protruding grip that can be held by the non-trigger hand;

[(v)] (iv) a bayonet mount;

[(vi)] (v) a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator;

[(vii)] (vi) a grenade launcher; or

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD07623-01-9

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 the definition of assault weapon

Purpose

To remove rifles with pistol grips from the definition of an assault weapon.

Summary of provisions

Section One amends paragraph (a) of subdivision 22 of section 265.00 of the penal law to remove "pistol grip" from the list of characteristics defining a semiautomatic rifle as an assault weapon should it have a pistol grip.

Section Two sets the effective date.

Justification

The most common rifle sold in America is a semiautomatic rifle with a pistol grip. These rifles are most commonly used by hunters and compet- itors as they fire one round each time the trigger is pulled. The pistol pistol grip on a rifle makes the rifle easier to handle and does not make the rifle fire more rapidly. It makes the weapon easier to hold and to aim and is considered a cosmetic feature. This bill would remove the pistol grip as a characteristic defining a semiautomatic rifle as an assault weapon and thus, from the list of banned firearms in New York State.

Legislative history

2017-18: Referred to Codes 2015-16: Referred to Codes

Fiscal implications

None.

Effective date

Immediately.

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