 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2093
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the penal law, in  relation  to  the  definition  of  an
          assault weapon
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (a), (b) and (c) of subdivision  22  of  section
     2  265.00  of the penal law, as added by chapter 1 of the laws of 2013, are
     3  amended to read as follows:
     4    (a) a semiautomatic rifle that has an ability to accept  a  detachable
     5  magazine,  has  a  pistol  grip that protrudes conspicuously beneath the
     6  action of the weapon, and has at least one of the  following  character-
     7  istics:
     8    (i) a folding or telescoping stock;
     9    (ii) [a pistol grip that protrudes conspicuously beneath the action of
    10  the weapon;
    11    (iii)] a thumbhole stock;
    12    [(iv)]  (iii)  a second handgrip or a protruding grip that can be held
    13  by the non-trigger hand;
    14    [(v)] (iv) a bayonet mount;
    15    [(vi)] (v) a flash suppressor[, muzzle break, muzzle compensator,]  or
    16  threaded  barrel  designed  to  accommodate  a flash suppressor[, muzzle
    17  break, or muzzle compensator];
    18    [(vii)] (vi) a grenade launcher; or
    19    (b) a semiautomatic shotgun that has at least  one  of  the  following
    20  characteristics:
    21    (i) a folding or telescoping stock;
    22    (ii) [a thumbhole stock;
    23    (iii)]  a second handgrip or a protruding grip that can be held by the
    24  non-trigger hand;
    25    [(iv)] (iii) a fixed magazine capacity in excess of seven rounds;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01319-01-1

        A. 2093                             2
 
     1    [(v)] (iv) an ability to accept a detachable magazine; or
     2    (c)  a semiautomatic pistol that has an ability to accept a detachable
     3  magazine and has at least one of the following characteristics:
     4    (i) a folding or telescoping stock;
     5    (ii) a thumbhole stock;
     6    (iii) a second handgrip or a protruding grip that can be held  by  the
     7  non-trigger hand;
     8    (iv)  capacity  to  accept an ammunition magazine that attaches to the
     9  pistol outside of the pistol grip;
    10    (v) a threaded barrel capable of accepting a  barrel  extender,  flash
    11  suppressor, forward handgrip, or silencer;
    12    (vi)  [a shroud that is attached to, or partially or completely encir-
    13  cles, the barrel and that permits the shooter to hold the  firearm  with
    14  the non-trigger hand without being burned;
    15    (vii)]  a  manufactured weight of fifty ounces or more when the pistol
    16  is unloaded; or
    17    [(viii)] (vii) a semiautomatic version of an automatic rifle,  shotgun
    18  or firearm;
    19    § 2. This act shall take effect immediately.
Relates to the definition of assault weapons

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