What's happening
This bill makes possession and sale of armor piercing ammunition a criminal offense in New York State.
Why it matters
Targets both possession and sale. The bill criminalizes not just the use, but also the mere possession and any transfer (sale, exchange, or gift) of armor piercing ammunition, significantly increasing legal risk for individuals and businesses that handle such items.
Elevates seriousness of offense. By including armor piercing ammunition in sections of law that already cover the illegal possession and sale of multiple firearms, the bill places these acts among New York’s most serious weapons offenses, likely subjecting violators to harsher penalties.
Closes legal loopholes. The bill repeals a previous subdivision related to armor piercing ammunition, replacing it with broader and more direct prohibitions, which may address gaps in enforcement or prosecution under existing law.
Potential impact on gun owners and dealers. Anyone in New York who owns, trades, or sells ammunition will need to carefully monitor their inventory and transactions to avoid severe criminal charges, even if they previously acquired such ammunition legally.
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Who cares
Headline styles
Ban Armor Piercing Ammo
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
42
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. HOYLMAN -- 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 possession and sale of armor piercing ammunition; and to repeal subdivision 8 of section
265.01 of the penal law relating to armor piercing ammunition
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 8 of section 265.01 of the penal law is REPEALED.
§ 2. Subdivision 2 of section 265.04 of the penal law, as amended by chapter 764 of the laws of 2005, is amended and a new subdivision 3 is added to read as follows:
(2) possesses ten or more firearms[.]; or
(3) possesses armor piercing ammunition.
§ 3. Subdivision 2 of section 265.13 of the penal law, as amended by chapter 764 of the laws of 2005, is amended and a new subdivision 3 is added to read as follows:
(2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of ten or more firearms in a period of not more than one year[.]; or
(3) unlawfully sells, exchanges, gives or disposes of to another person or persons armor piercing ammunition.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03245-01-9
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 possession and sale of armor piercing ammunition; and to repeal subdivi- sion 8 of section 265.01 of the penal law relating to armor piercing ammunition
Purpose or general idea of bill
Makes the unlawful sells, exchanges, gives or disposals of, to another person or persons armor piercing ammunition a class B felony, as well as makes position of armor piercing ammunition a class B felony.
Summary of specific provisions
Section 1 of the bill repeals subdivision 8 of section 265.01 of the penal law which makes it a class A misdemeanor to possess any armor Piercing ammunition with intent to use the same unlawfully ammunition against another.
Section 2 of the bill amends section 268.04 of the code by adding a third subdivision which makes possession of armor piercing ammunition a criminal possession of a weapon in the first degree which is a class B felony.
Section 3 of the bill amends section 268.13 of the penal law by adding a third subdivision which makes the unlawful sells, exchanges, gives or disposals of, to another person or persons armor piercing ammunition a criminal sale of a firearm in the first degree which is a class B felo- ny.
Justification
Following the attempted assassination of former President Ronald Reagan and the shooting of Press Secretary James Brady, the possession of a bullet "containing an explosive substance designed to detonate upon impact" was criminalized (§ 268.01(7)). In addition, in 1985 the possession, with intent, of "armor piercing ammunition" (as defined in § 265.00(18)) or the commonly know "COP killer" bullet was criminalized. However, the qualification of intent did not render possession unlawful.
Possession of "armor Piercing ammunition" does not reasonably infer any use other than to pierce the body armor worn by law enforcement repre- sentatives or to cause irreparable damage to the victim of a wound inflicted by the application of this type of ammunition. Consequently, possession can be inferred to be for an unlawful purpose.
This bill would make possession of devastating armor piercing rounds a class 3 felony instead of a class A misdemeanor as well as make the sale of such rounds a class B felony. Making it a more serious crime to possess these rounds which are used for destructive means and pose a grave danger to the lives of all New Yorkers and the police officers who protect them.
Prior legislative history
S.0034 of 2017-2018 (Hoylman): Died in Codes S.3717 of 2015-2016 (Espaillat): Died in Codes S.1813 of 2013-2014 (Espaillat): Died in Codes S.6264 of 2012 (Espaillat): Died in Rules
Fiscal implications
To be determined.
Effective date
This act shall take effect 180 days after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.