S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2028
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law and the  executive  law,  in  relation  to
         banning the sale, possession or use of 50-caliber weapons
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings and declaration. The legislature here-
    2  by finds and declares that  50-caliber  or  larger  weapons  having  the
    3  capacity  for rapidly discharging ammunition have no acceptable purpose.
    4  The legislature additionally finds and declares that such  weapons  pose
    5  such  an  imminent  threat  and danger to the safety and security of the
    6  people of this state that it is necessary to ban the possession and  use
    7  of such weapons.
    8    S  2.  Subdivisions  8  and  9  of section 265.00 of the penal law, as
    9  amended by chapter 189 of the laws of  2000,  are  amended  to  read  as
   10  follows:
   11    8.  "Gunsmith"  means  any  person,  firm, partnership, corporation or
   12  company who engages in the business of repairing, altering,  assembling,
   13  manufacturing,   cleaning,  polishing,  engraving  or  trueing,  or  who
   14  performs any mechanical operation on, any firearm, large capacity  ammu-
   15  nition feeding device, 50-CALIBER WEAPON or machine-gun.
   16    9.  "Dealer  in  firearms" means any person, firm, partnership, corpo-
   17  ration or company who engages in the business  of  purchasing,  selling,
   18  keeping  for  sale, loaning, leasing, or in any manner disposing of, any
   19  assault weapon, large capacity  ammunition  feeding  device,  50-CALIBER
   20  WEAPON, pistol or revolver.
   21    S 3. Section 265.00 of the penal law is amended by adding a new subdi-
   22  vision 24 to read as follows:
   23    24.  "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A CENTER-FIRE
   24  CARTRIDGE IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY  OTHER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03114-01-3
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    1  VARIANT  OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF SUCH
    2  CALIBER, PROVIDED, HOWEVER, THAT NOTHING IN THIS  SUBDIVISION  SHALL  BE
    3  CONSTRUED  TO  INCLUDE ANY MUZZLE LOADING RIFLE OR SHOTGUN WITH A RIFLED
    4  BORE.
    5    S  4.  Subdivision 3 of section 265.02 of the penal law, as amended by
    6  chapter 764 of the laws of 2005, is amended to read as follows:
    7    (3) Such person knowingly possesses a machine-gun, A 50-CALIBER  WEAP-
    8  ON,  firearm, rifle or shotgun which has been defaced for the purpose of
    9  concealment or prevention of the detection of a crime or misrepresenting
   10  the identity of such machine-gun, 50-CALIBER WEAPON, firearm,  rifle  or
   11  shotgun; or
   12    S 5. Section 265.02 of the penal law is amended by adding a new subdi-
   13  vision 4 to read as follows:
   14    (4) SUCH PERSON POSSESSES ANY 50-CALIBER WEAPON; OR
   15    S 6. Section 265.03 of the penal law, as amended by chapter 742 of the
   16  laws  of  2006 and subdivisions 1 and 3 as amended by chapter 745 of the
   17  laws of 2006, is amended to read as follows:
   18  S 265.03 Criminal possession of a weapon in the second degree.
   19    A person is guilty of criminal possession of a weapon  in  the  second
   20  degree when SUCH PERSON:
   21    (1)  [with  intent  to  use  the same unlawfully against another, such
   22  person:
   23    (a)] possesses a machine-gun; or
   24    [(b)] (2) possesses a 50-CALIBER  WEAPON  OR  A  loaded  firearm  WITH
   25  INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER; or
   26    [(c)] (3) possesses a disguised gun WITH INTENT TO USE THE SAME UNLAW-
   27  FULLY AGAINST ANOTHER; or
   28    [(2) such person] (4) possesses five or more firearms; or
   29    [(3)]  (5)  such  person possesses any loaded firearm. Such possession
   30  shall not, except as provided in subdivision one  or  seven  of  section
   31  265.02  of  this  article, constitute a violation of this subdivision if
   32  such possession takes place in such person's home or place of business.
   33    Criminal possession of a weapon in the second  degree  is  a  class  C
   34  felony.
   35    S  7.  The  penal law is amended by adding two new sections 265.45 and
   36  265.46 to read as follows:
   37  S 265.45 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND DEGREE.
   38    1. A PERSON IS GUILTY OF CRIMINAL USE OF A 50-CALIBER  WEAPON  IN  THE
   39  SECOND  DEGREE WHEN HE OR SHE COMMITS ANY CLASS C VIOLENT FELONY OFFENSE
   40  AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 70.02 OF  THIS
   41  CHAPTER  AND  HE OR SHE USES A 50-CALIBER WEAPON, AS DEFINED IN SUBDIVI-
   42  SION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE,  IF  THE  50-CALIBER
   43  WEAPON  IS A LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READILY CAPABLE
   44  OF PRODUCING DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED.
   45    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN  A
   46  PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND
   47  DEGREE  AS  DEFINED  IN  SUBDIVISION ONE OF THIS SECTION THE COURT SHALL
   48  IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF FIVE YEARS TO THE MINIMUM  TERM
   49  OF  THE  INDETERMINATE  SENTENCE  OR  TERM  OF  THE DETERMINATE SENTENCE
   50  IMPOSED ON THE UNDERLYING CLASS C VIOLENT FELONY CONVICTION.    NOTWITH-
   51  STANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE AGGREGATE OF
   52  THE FIVE YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS SUBDIVISION  AND
   53  THE  MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE UNDERLYING
   54  CLASS C VIOLENT FELONY CONVICTION SHALL  CONSTITUTE  THE  NEW  AGGREGATE
   55  MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT SUBJECT TO SUCH TERM SHALL
   56  BE  REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE
       S. 2028                             3
    1  ELIGIBLE FOR RELEASE ON PAROLE OR  OTHER  DISCRETIONARY  RELEASE  DURING
    2  SUCH TERM.
    3  S 265.46 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST DEGREE.
    4    1.  A  PERSON  IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE
    5  FIRST DEGREE WHEN HE OR SHE COMMITS ANY CLASS A FELONY  OFFENSE  CONSTI-
    6  TUTING  MURDER,  KIDNAPPING,  ARSON,  CONSPIRACY OR SALE OF A CONTROLLED
    7  SUBSTANCE OR ATTEMPTS TO COMMIT ANY  SUCH  CLASS  A  FELONY  WHERE  SUCH
    8  ATTEMPT ALSO CONSTITUTES A CLASS A FELONY, OR ANY CLASS B VIOLENT FELONY
    9  OFFENSE  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.02
   10  OF THIS CHAPTER AND HE OR SHE USES A 50-CALIBER WEAPON,  AS  DEFINED  IN
   11  SUBDIVISION  TWENTY-FOUR  OF  SECTION  265.00  OF  THIS  ARTICLE, IF THE
   12  50-CALIBER WEAPON IS A LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READ-
   13  ILY  CAPABLE  OF  PRODUCING  DEATH  OR  OTHER  SERIOUS  INJURY  MAY   BE
   14  DISCHARGED.
   15    2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
   16  PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE  FIRST
   17  DEGREE  AS  DEFINED  IN  SUBDIVISION ONE OF THIS SECTION THE COURT SHALL
   18  IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF TEN YEARS TO THE  MINIMUM  TERM
   19  OF  THE  INDETERMINATE  SENTENCE  OR  TERM  OF  THE DETERMINATE SENTENCE
   20  IMPOSED ON THE UNDERLYING CLASS A OR CLASS B VIOLENT FELONY  CONVICTION.
   21  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE AGGRE-
   22  GATE OF THE TEN YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS  SUBDIVI-
   23  SION  AND  THE  MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE
   24  UNDERLYING CLASS A OR CLASS B VIOLENT FELONY CONVICTION SHALL CONSTITUTE
   25  THE NEW AGGREGATE MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT  SUBJECT
   26  TO  SUCH  TERM  SHALL  BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM
   27  TERM AND SHALL NOT BE ELIGIBLE FOR RELEASE ON PAROLE  OR  OTHER  DISCRE-
   28  TIONARY RELEASE DURING SUCH TERM.
   29    S  8.  Subdivision  2  of section 265.08 of the penal law, as added by
   30  chapter 233 of the laws of 1980, is amended to read as follows:
   31    (2) displays what appears to be a pistol,  revolver,  rifle,  shotgun,
   32  50-CALIBER WEAPON, machine gun or other firearm.
   33    S  9.  Paragraph  (b)  of subdivision 1 of section 265.09 of the penal
   34  law, as amended by chapter 650 of the laws of 1996, is amended  to  read
   35  as follows:
   36    (b)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
   37  50-CALIBER WEAPON, machine gun or other firearm.
   38    S 10. Subdivisions 2, 3 and 6 of section  265.10  of  the  penal  law,
   39  subdivision 2 as amended by chapter 257 of the laws of 2008 and subdivi-
   40  sions 3 and 6 as amended by chapter 189 of the laws of 2000, are amended
   41  to read as follows:
   42    2.  Any  person  who  transports  or ships any machine-gun, 50-CALIBER
   43  WEAPON, firearm silencer, assault weapon or  large  capacity  ammunition
   44  feeding  device or disguised gun, or who transports or ships as merchan-
   45  dise five or more firearms, is guilty of a class D  felony.  Any  person
   46  who  transports  or  ships  as  merchandise  any  firearm, other than an
   47  assault weapon, switchblade knife, gravity knife, pilum ballistic knife,
   48  billy, blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu
   49  star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
   50  nor.
   51    3.  Any  person who disposes of any machine-gun, assault weapon, large
   52  capacity ammunition feeding device, 50-CALIBER WEAPON or firearm silenc-
   53  er is guilty of a  class  D  felony.  Any  person  who  knowingly  buys,
   54  receives,  disposes  of,  or  conceals a machine-gun, 50-CALIBER WEAPON,
   55  firearm, large capacity ammunition  feeding  device,  rifle  or  shotgun
   56  which  has  been defaced for the purpose of concealment or prevention of
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    1  the detection of  a  crime  or  misrepresenting  the  identity  of  such
    2  machine-gun, 50-CALIBER WEAPON, firearm, large capacity ammunition feed-
    3  ing device, rifle or shotgun is guilty of a class D felony.
    4    6.  Any  person  who  wilfully defaces any machine-gun, large capacity
    5  ammunition feeding device, 50-CALIBER WEAPON or firearm is guilty  of  a
    6  class D felony.
    7    S  11. Subdivisions 1 and 5 of section 265.15 of the penal law, subdi-
    8  vision 5 as amended by chapter 695 of the laws of 1987, are  amended  to
    9  read as follows:
   10    1.  The  presence  in  any room, dwelling, structure or vehicle of any
   11  machine-gun OR 50-CALIBER WEAPON is presumptive evidence of its unlawful
   12  possession by all persons occupying the place where such machine-gun  OR
   13  50-CALIBER WEAPON is found.
   14    5.  The  possession by any person of a defaced machine-gun, 50-CALIBER
   15  WEAPON, firearm, rifle   or shotgun is presumptive  evidence  that  such
   16  person defaced the same.
   17    S 12. Paragraph 2 of subdivision a of section 265.20 of the penal law,
   18  as  amended  by  chapter  189 of the laws of 2000, is amended to read as
   19  follows:
   20    2. Possession of a  machine-gun,  large  capacity  ammunition  feeding
   21  device,  50-CALIBER  WEAPON,  firearm, switchblade knife, gravity knife,
   22  pilum ballistic knife, billy or blackjack by a  warden,  superintendent,
   23  headkeeper  or deputy of a state prison, penitentiary, workhouse, county
   24  jail or other institution for the  detention  of  persons  convicted  or
   25  accused  of crime or detained as witnesses in criminal cases, in pursuit
   26  of official duty or when duly  authorized  by  regulation  or  order  to
   27  possess the same.
   28    S 13. Paragraph 8 of subdivision a of section 265.20 of the penal law,
   29  as  amended  by  chapter  61  of the laws of 2010, is amended to read as
   30  follows:
   31    8. The manufacturer of machine-guns, firearm silencers, assault  weap-
   32  ons,  large  capacity  ammunition  feeding  devices, 50-CALIBER WEAPONS,
   33  disguised guns, pilum ballistic knives, switchblade or  gravity  knives,
   34  billies  or  blackjacks  as merchandise, or as a transferee recipient of
   35  the same for repair, lawful distribution or  research  and  development,
   36  and  the disposal and shipment thereof direct to a regularly constituted
   37  or appointed state or municipal police department, sheriff, policeman or
   38  other peace officer, or to  a  state  prison,  penitentiary,  workhouse,
   39  county  jail or other institution for the detention of persons convicted
   40  or accused of crime or held as witnesses in criminal cases,  or  to  the
   41  military  service  of  this  state  or  of the United States; or for the
   42  repair and return of the same to the lawful possessor  or  for  research
   43  and development.
   44    S  14.  Section  265.20  of  the  penal law is amended by adding a new
   45  subdivision e to read as follows:
   46    E. THE TERMS "PISTOL," "REVOLVER," "RIFLE," AND "SHOTGUN" AS  USED  IN
   47  PARAGRAPHS  THREE  THROUGH FIVE, SEVEN THROUGH SEVEN-B, TWELVE, THIRTEEN
   48  AND THIRTEEN-A OF SUBDIVISION A OF THIS  SECTION  SHALL  NOT  INCLUDE  A
   49  50-CALIBER  WEAPON  AS  DEFINED  IN  SUBDIVISION  TWENTY-FOUR OF SECTION
   50  265.00 OF THIS ARTICLE.
   51    S 15. Section 265.11 of the penal law, as amended by  chapter  764  of
   52  the laws of 2005, is amended to read as follows:
   53  S 265.11 Criminal  sale  of  a firearm OR 50-CALIBER WEAPON in the third
   54             degree.
   55    A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
   56  in  the  third degree when such person is not authorized pursuant to law
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    1  to possess a firearm OR 50-CALIBER WEAPON  and  such  person  unlawfully
    2  either:
    3    (1)  sells,  exchanges,  gives  or  disposes  of a firearm [or], large
    4  capacity ammunition feeding  device  OR  50-CALIBER  WEAPON  to  another
    5  person; or
    6    (2)  possesses  a firearm OR 50-CALIBER WEAPON with the intent to sell
    7  it.
    8    Criminal sale of a firearm OR 50-CALIBER WEAPON in the third degree is
    9  a class D felony.
   10    S 16. Section 265.12 of the penal law, as amended by  chapter  764  of
   11  the laws of 2005, is amended to read as follows:
   12  S  265.12  Criminal sale of a firearm OR 50-CALIBER WEAPON in the second
   13             degree.
   14    A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
   15  in the second degree when such person:
   16    (1)  unlawfully sells, exchanges, gives or disposes of to another five
   17  or more firearms OR 50-CALIBER WEAPONS; or
   18    (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
   19  person or persons a total of five or more firearms OR 50-CALIBER WEAPONS
   20  in a period of not more than one year.
   21    Criminal  sale  of a firearm OR 50-CALIBER WEAPON in the second degree
   22  is a class C felony.
   23    S 17. Section 265.14 of the penal law, as added by chapter 175 of  the
   24  laws  of 1991 and the closing paragraph as amended by chapter 654 of the
   25  laws of 1998, is amended to read as follows:
   26  S 265.14 Criminal sale of a firearm OR 50-CALIBER WEAPON with the aid of
   27             a minor.
   28    A person over the age of eighteen years of age is guilty  of  criminal
   29  sale  of a [weapon] FIREARM OR 50-CALIBER WEAPON with the aid of a minor
   30  when a person under sixteen years of age knowingly and unlawfully sells,
   31  exchanges, gives or disposes  of  a  firearm  OR  50-CALIBER  WEAPON  in
   32  violation  of  this  article,  and  such person over the age of eighteen
   33  years of age, acting  with  the  mental  culpability  required  for  the
   34  commission  thereof,  solicits, requests, commands, importunes or inten-
   35  tionally aids such person under sixteen years of age to engage  in  such
   36  conduct.
   37    Criminal  sale  of  a  firearm  OR 50-CALIBER WEAPON with the aid of a
   38  minor is a class C felony.
   39    S 18. Section 265.13 of the penal law, as amended by  chapter  764  of
   40  the laws of 2005, is amended to read as follows:
   41  S  265.13  Criminal  sale of a firearm OR 50-CALIBER WEAPON in the first
   42             degree.
   43    A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
   44  in the first degree when such person:
   45    (1)  unlawfully  sells, exchanges, gives or disposes of to another ten
   46  or more firearms OR 50-CALIBER WEAPONS; or
   47    (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
   48  person  or persons a total of ten or more firearms OR 50-CALIBER WEAPONS
   49  in a period of not more than one year.
   50    Criminal sale of a firearm OR 50-CALIBER WEAPON in the first degree is
   51  a class B felony.
   52    S 19. Section 265.16 of the penal law, as added by chapter 600 of  the
   53  laws  of 1992 and the closing paragraph as amended by chapter 654 of the
   54  laws of 1998, is amended to read as follows:
   55  S 265.16 Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor.
       S. 2028                             6
    1    A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
    2  to  a  minor  when  he  is  not  authorized pursuant to law to possess a
    3  firearm OR 50-CALIBER WEAPON and he unlawfully sells,  exchanges,  gives
    4  or  disposes  of a firearm OR 50-CALIBER WEAPON to another person who is
    5  or  reasonably  appears to be less than nineteen years of age who is not
    6  licensed pursuant to law to possess a firearm OR 50-CALIBER WEAPON.
    7    Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor is a  class
    8  C felony.
    9    S  20.  The opening paragraph of subdivision 1 of section 55.05 of the
   10  penal law, as amended by chapter 276 of the laws of 1973, is amended  to
   11  read as follows:
   12    [Felonies]  EXCEPT  FOR  THE  FELONIES  DEFINED IN SECTIONS 265.45 AND
   13  265.46 OF THIS CHAPTER, FELONIES are  classified,  for  the  purpose  of
   14  sentence, into five categories as follows:
   15    S  21.  Paragraph  (a)  of subdivision 1 of section 55.10 of the penal
   16  law, as amended by chapter 276 of the laws of 1973, is amended  to  read
   17  as follows:
   18    (a)  [The]  EXCEPT  FOR  THE  FELONIES  DEFINED IN SECTIONS 265.45 AND
   19  265.46 OF THIS CHAPTER, THE particular classification or  subclassifica-
   20  tion  of  each felony defined in this chapter is expressly designated in
   21  the section or article defining it.
   22    S 22. The executive law is amended by adding a new section 231 to read
   23  as follows:
   24    S 231. COMPLIANCE WITH THE BAN ON  THE  SALE,  POSSESSION  OR  USE  OF
   25  50-CALIBER  WEAPONS.  1.  FROM WITHIN AMOUNTS APPROPRIATED THEREFOR, THE
   26  DIVISION OF STATE POLICE SHALL TAKE  SUCH  ACTION  AS  IS  NECESSARY  TO
   27  IMPLEMENT  A  PROGRAM WHEREBY PERSONS, INCLUDING DEALERS OF FIREARMS, IN
   28  LAWFUL POSSESSION  OF  50-CALIBER  WEAPONS  MAY  BRING  THEMSELVES  INTO
   29  COMPLIANCE  WITH  THE  PROVISIONS  OF THE PENAL LAW WHICH BANS THE SALE,
   30  POSSESSION OR USE OF SUCH WEAPONS.
   31    2. WITHIN THIRTY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  ANY
   32  LICENSED  FIREARM DEALER WHO HAS IN HIS OR HER POSSESSION A NEW 50-CALI-
   33  BER WEAPON SHALL BE ENTITLED TO RETURN SUCH WEAPON TO THE DISTRIBUTOR OR
   34  MANUFACTURER, AND SHALL BE ENTITLED TO A FULL REFUND, OR CREDIT,  IN  AN
   35  AMOUNT  EQUAL  TO THE PURCHASE PRICE OF SUCH WEAPON. IN ANY CASE WHERE A
   36  DISTRIBUTOR OR MANUFACTURER FAILS OR REFUSES TO SO REFUND OR CREDIT SUCH
   37  DEALER, THE DEALER SHALL NOTIFY THE DIVISION OF  STATE  POLICE,  AND  IT
   38  SHALL  IMMEDIATELY  NOTIFY  THE  ATTORNEY  GENERAL SO THAT HE OR SHE MAY
   39  INTERCEDE AND TAKE SUCH ACTIONS ON BEHALF OF THE DEALER TO  SECURE  SUCH
   40  REFUND OR CREDIT.
   41    3.  WITHIN  THIRTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, ANY
   42  PERSON, INCLUDING A LICENSED FIREARM DEALER, WHO HAS IN HIS OR HER LEGAL
   43  POSSESSION A USED 50-CALIBER WEAPON SHALL PERSONALLY DELIVER SUCH WEAPON
   44  TO THE DIVISION OF STATE POLICE, AND  UPON  TRANSFERRING  OWNERSHIP  AND
   45  POSSESSION  TO  A  DULY DESIGNATED OFFICER THEREOF, SHALL BE ENTITLED TO
   46  RECEIVE PAYMENT IN AN AMOUNT EQUAL TO THE  FAIR  MARKET  VALUE  OF  SUCH
   47  WEAPON, BUT NOT TO EXCEED EIGHT THOUSAND FIVE HUNDRED DOLLARS.
   48    4.  THE  DIVISION  OF STATE POLICE SHALL TAKE SUCH ACTION, INCLUDING A
   49  PUBLIC CAMPAIGN USING THE PRINT MEDIA, TELEVISION, RADIO OR OTHER  MEANS
   50  TO  NOTIFY  PERSONS  OF THE EXISTENCE OF THE PROGRAM ESTABLISHED IN THIS
   51  SECTION.
   52    S 23. This act shall take effect immediately; provided, however,  that
   53  sections  one  through  twenty-one  of this act shall take effect on the
   54  thirtieth day after this act shall have become a law.