S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5280
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 22, 2013
                                      ___________
       Introduced by M. of A. BUTLER -- read once and referred to the Committee
         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.
                                                                  LBD08776-01-3
       A. 5280                             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    S 2. This act shall take effect immediately.