S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2050
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       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 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. Short title. This act shall be known and may be cited as the "50
    9  Caliber Threat Reduction Act".
   10    S 3. Section 265.00 of the penal law is amended by adding a new subdi-
   11  vision 26 to read as follows:
   12    26. "50 CALIBER WEAPON" MEANS:
   13    (A) ANY RIFLE CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE:
   14    (I) OF A CALIBER OF 50 OR GREATER,  WHICH  SHALL  INCLUDE  ANY  METRIC
   15  EQUIVALENT OF 50 CALIBER OR GREATER; OR
   16    (II)  THAT  IS  CAPABLE  OF  FIRING A PROJECTILE THAT ATTAINS A MUZZLE
   17  ENERGY OF TWELVE THOUSAND FOOT-POUNDS OR GREATER IN ANY  COMBINATION  OF
   18  BULLET, PROPELLANT, CASE, OR PRIMER; OR
   19    (III)  ANY  COPY  OR  DUPLICATE  OF ANY SUCH WEAPON THAT IS CAPABLE OF
   20  FIRING A PROJECTILE THAT ATTAINS A  MUZZLE  ENERGY  OF  TWELVE  THOUSAND
   21  FOOT-POUNDS OR GREATER REGARDLESS OF CALIBER;
   22    (B)  ANY  RIFLE  CAPABLE  OF FIRING A CENTER-FIRE CARTRIDGE DEFINED IN
   23  PARAGRAPH (A) OF THIS SUBDIVISION, POSSESSED PRIOR TO THE EFFECTIVE DATE
   24  OF THIS SUBDIVISION;
   25    (C) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01257-02-5
       S. 2050                             2
    1    (I) ANY WEAPON CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE THAT HAS BEEN
    2  RENDERED PERMANENTLY INOPERABLE;
    3    (II)  ANY  WEAPON CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE THAT IS AN
    4  ANTIQUE FIREARM AS DEFINED IN CLAUSE SIXTEEN OF PARAGRAPH (A) OF SECTION
    5  NINE HUNDRED TWENTY-ONE OF TITLE EIGHTEEN OF THE UNITED STATES CODE;
    6    (III) ANY WEAPON VALIDLY REGISTERED PURSUANT TO  SUBDIVISION  EIGHTEEN
    7  OF  SECTION 400.00 OF THIS CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE
    8  PROVISIONS OF PARAGRAPH (D) OF THIS SUBDIVISION;
    9    (IV) ANY WEAPON THAT WAS MANUFACTURED AT LEAST FIFTY  YEARS  PRIOR  TO
   10  THE  CURRENT  DATE,  BUT NOT INCLUDING REPLICAS THEREOF, THAT IS VALIDLY
   11  REGISTERED PURSUANT TO SUBDIVISION EIGHTEEN OF SECTION  400.00  OF  THIS
   12  CHAPTER;
   13    (V) ANY MUZZLE-LOADING RIFLE OR SHOTGUN WITH A RIFLED BORE.
   14    (D)  ANY  WEAPON DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION MAY ONLY
   15  BE SOLD TO, EXCHANGED WITH OR DISPOSED OF TO A PURCHASER  AUTHORIZED  TO
   16  POSSESS  SUCH WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE
   17  PROVIDED THAT ANY SUCH TRANSFER TO AN INDIVIDUAL OR  ENTITY  OUTSIDE  OF
   18  THE  STATE  MUST  BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGIS-
   19  TERED WITHIN SEVENTY-TWO HOURS  OF  SUCH  TRANSFER.  AN  INDIVIDUAL  WHO
   20  TRANSFERS  ANY  SUCH  WEAPON  TO  AN INDIVIDUAL INSIDE NEW YORK STATE OR
   21  WITHOUT COMPLYING WITH THE PROVISIONS OF THIS PARAGRAPH SHALL BE  GUILTY
   22  OF  A  CLASS  A  MISDEMEANOR  UNLESS  TRANSFERRED WITHIN ONE YEAR OF THE
   23  EFFECTIVE DATE OF THIS SUBDIVISION.
   24    S 4. Section 400.00 of the penal law is  amended  by  adding  two  new
   25  subdivisions 18 and 19 to read as follows:
   26    18.  REGISTRATION  OF  50  CALIBER WEAPONS.   (A) AN OWNER OF A WEAPON
   27  DEFINED IN PARAGRAPH (B) OF SUBDIVISION TWENTY-SIX OF SECTION 265.00  OF
   28  THIS  CHAPTER,  POSSESSED BEFORE THE EFFECTIVE DATE OF THIS SUBDIVISION,
   29  MUST MAKE AN APPLICATION TO REGISTER SUCH WEAPON WITH THE SUPERINTENDENT
   30  OF STATE POLICE, IN THE MANNER PROVIDED BY  THE  SUPERINTENDENT,  OR  BY
   31  AMENDING  A  LICENSE  ISSUED PURSUANT TO THIS SECTION WITHIN ONE YEAR OF
   32  THE EFFECTIVE DATE OF THIS SUBDIVISION EXCEPT ANY WEAPON  DEFINED  UNDER
   33  SUBPARAGRAPH  (IV) OF PARAGRAPH (C) OF SUBDIVISION TWENTY-SIX OF SECTION
   34  265.00 OF THIS CHAPTER TRANSFERRED INTO THE STATE MAY BE  REGISTERED  AT
   35  ANY  TIME,  PROVIDED  SUCH  WEAPONS ARE REGISTERED WITHIN THIRTY DAYS OF
   36  THEIR TRANSFER INTO THE STATE. REGISTRATION  INFORMATION  SHALL  INCLUDE
   37  THE REGISTRANT'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDENTIAL ADDRESS,
   38  SOCIAL  SECURITY NUMBER AND DESCRIPTION OF EACH WEAPON BEING REGISTERED.
   39  A REGISTRATION OF ANY WEAPON DEFINED UNDER SUBPARAGRAPH  (IV)  OF  PARA-
   40  GRAPH  (C)  OF  SUBDIVISION TWENTY-SIX OF SECTION 265.00 OF THIS CHAPTER
   41  SHALL BE TRANSFERABLE, PROVIDED  THAT  THE  SELLER  NOTIFIES  THE  STATE
   42  POLICE  WITHIN  SEVENTY-TWO HOURS OF THE TRANSFER AND THE BUYER PROVIDES
   43  THE STATE POLICE WITH INFORMATION SUFFICIENT TO CONSTITUTE  A  REGISTRA-
   44  TION  UNDER  THIS  SECTION. SUCH REGISTRATION SHALL NOT BE VALID IF SUCH
   45  REGISTRANT IS PROHIBITED OR BECOMES PROHIBITED FROM POSSESSING A FIREARM
   46  PURSUANT TO STATE OR FEDERAL LAW.  THE  SUPERINTENDENT  SHALL  DETERMINE
   47  WHETHER  SUCH  REGISTRANT  IS PROHIBITED FROM POSSESSING A FIREARM UNDER
   48  STATE OR FEDERAL LAW. SUCH CHECK SHALL BE LIMITED TO DETERMINING WHETHER
   49  THE FACTORS IN PARAGRAPH (G) OF SECTION NINE HUNDRED TWENTY-TWO OF TITLE
   50  EIGHTEEN OF THE UNITED STATES CODE APPLY OR  WHETHER  A  REGISTRANT  HAS
   51  BEEN  CONVICTED OF A SERIOUS OFFENSE AS DEFINED IN SUBDIVISION SEVENTEEN
   52  OF SECTION 265.00 OF THIS CHAPTER, SO AS  TO  PROHIBIT  SUCH  REGISTRANT
   53  FROM POSSESSING A FIREARM, AND WHETHER A REPORT HAS BEEN ISSUED PURSUANT
   54  TO  SECTION 9.46 OF THE MENTAL HYGIENE LAW. ALL REGISTRANTS SHALL RECER-
   55  TIFY TO THE DIVISION OF STATE POLICE EVERY FIVE YEARS THEREAFTER.  FAIL-
   56  URE TO RECERTIFY SHALL RESULT IN A REVOCATION OF SUCH REGISTRATION.
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    1    (B)  NOTWITHSTANDING  ANY  INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF
    2  THIS SUBDIVISION, AN OWNER OF A 50 CALIBER WEAPON AS DEFINED IN SUBDIVI-
    3  SION TWENTY-SIX OF SECTION 265.00 OF THIS CHAPTER, WHO  IS  A  QUALIFIED
    4  RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI-
    5  VISION  TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH WEAPON
    6  WAS ISSUED TO OR PURCHASED BY SUCH OFFICER PRIOR TO  RETIREMENT  AND  IN
    7  THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS
    8  QUALIFIED  BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE MONTHS
    9  PRIOR TO HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON  WITHIN  SIXTY
   10  DAYS OF RETIREMENT.
   11    (C) THE SUPERINTENDENT OF STATE POLICE SHALL CREATE AND MAINTAIN A "50
   12  CALIBER  WEAPONS"  PAGE  OR  SECTION  ON  THE EXISTING INTERNET WEBSITE,
   13  CREATED PURSUANT TO PARAGRAPH  (B)  OF  SUBDIVISION  SIXTEEN-A  OF  THIS
   14  SECTION,  TO EDUCATE THE PUBLIC AS TO WHICH 50 CALIBER WEAPONS ARE ILLE-
   15  GAL AS A RESULT OF THE ENACTMENT OF THIS SUBDIVISION, AS WELL AS SUCH 50
   16  CALIBER WEAPONS WHICH  ARE  ILLEGAL  PURSUANT  TO  ARTICLE  TWO  HUNDRED
   17  SIXTY-FIVE  OF  THIS  CHAPTER. SUCH WEBSITE SHALL CONTAIN INFORMATION TO
   18  ASSIST THE PUBLIC IN RECOGNIZING THE  RELEVANT  FEATURES  PROSCRIBED  BY
   19  SUCH  ARTICLE TWO HUNDRED SIXTY-FIVE, AS WELL AS WHICH MAKE AND MODEL OF
   20  WEAPONS REQUIRE REGISTRATION.
   21    (D) A PERSON WHO KNOWINGLY FAILS TO APPLY TO REGISTER SUCH WEAPON,  AS
   22  REQUIRED  BY THIS SECTION, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
   23  SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SUCH PERSON WHO
   24  UNKNOWINGLY FAILS TO VALIDLY REGISTER SUCH WEAPON WITHIN SUCH  ONE  YEAR
   25  PERIOD  SHALL  BE  GIVEN  A  WARNING  BY  AN APPROPRIATE LAW ENFORCEMENT
   26  AUTHORITY ABOUT SUCH FAILURE AND GIVEN THIRTY DAYS IN WHICH TO APPLY  TO
   27  REGISTER SUCH WEAPON OR TO SURRENDER IT. A FAILURE TO APPLY OR SURRENDER
   28  SUCH  WEAPON  WITHIN  SUCH THIRTY-DAY PERIOD SHALL RESULT IN SUCH WEAPON
   29  BEING REMOVED BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY AND DECLARED A
   30  NUISANCE.
   31    (E) THE COST OF THE SOFTWARE, PROGRAMMING AND  INTERFACE  REQUIRED  TO
   32  TRANSMIT ANY RECORD THAT MUST BE ELECTRONICALLY TRANSMITTED BY THE DEAL-
   33  ER OR LICENSING OFFICER TO THE DIVISION OF STATE POLICE PURSUANT TO THIS
   34  CHAPTER SHALL BE BORNE BY THE STATE.
   35    19.  APPLICABILITY  OF  SECTION. THE PROVISIONS OF ARTICLE TWO HUNDRED
   36  SIXTY-FIVE OF THIS CHAPTER RELATING TO ILLEGAL POSSESSION OF A  FIREARM,
   37  SHALL NOT APPLY TO AN OFFENSE WHICH ALSO CONSTITUTES A VIOLATION OF THIS
   38  SECTION  BY  A  PERSON  HOLDING  AN  OTHERWISE  VALID  LICENSE UNDER THE
   39  PROVISIONS OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE  AS
   40  A  CLASS  A  MISDEMEANOR  PURSUANT  TO  THIS  SECTION.  IN ADDITION, THE
   41  PROVISIONS OF SUCH ARTICLE TWO HUNDRED SIXTY-FIVE SHALL NOT APPLY TO THE
   42  POSSESSION OF A FIREARM IN A PLACE NOT AUTHORIZED BY LAW,  BY  A  PERSON
   43  WHO  HOLDS  AN  OTHERWISE  VALID LICENSE OR POSSESSION OF A FIREARM BY A
   44  PERSON WITHIN A ONE YEAR PERIOD AFTER THE STATED EXPIRATION DATE  OF  AN
   45  OTHERWISE  VALID  LICENSE  WHICH  HAS  NOT  BEEN PREVIOUSLY CANCELLED OR
   46  REVOKED SHALL ONLY BE PUNISHABLE AS A CLASS A  MISDEMEANOR  PURSUANT  TO
   47  THIS SECTION.
   48    S 5. Section 265.02 of the penal law is amended by adding a new subdi-
   49  vision 11 to read as follows:
   50    (11) SUCH PERSON POSSESSES A 50 CALIBER WEAPON.
   51    S  6.  Subdivision 3 of section 265.00 of the penal law, as amended by
   52  chapter 189 of the laws of 2000, is amended to read as follows:
   53    3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
   54  one or more barrels less than eighteen inches in length; or (c) a  rifle
   55  having  one  or  more barrels less than sixteen inches in length; or (d)
   56  any weapon made from a shotgun or rifle whether by alteration, modifica-
       S. 2050                             4
    1  tion, or otherwise if such weapon as altered, modified, or otherwise has
    2  an overall length of less than twenty-six  inches;  or  (e)  an  assault
    3  weapon;  OR (F) A 50 CALIBER WEAPON. For the purpose of this subdivision
    4  the  length  of  the barrel on a shotgun or rifle shall be determined by
    5  measuring the distance between the muzzle and  the  face  of  the  bolt,
    6  breech,  or  breechlock  when  closed  and  when the shotgun or rifle is
    7  cocked; the overall length of a weapon made from a shotgun or  rifle  is
    8  the  distance  between  the  extreme ends of the weapon measured along a
    9  line parallel to the center line of the bore. Firearm does  not  include
   10  an antique firearm.
   11    S  7.  Subdivisions  1, 2, 3 and 6 of section 265.10 of the penal law,
   12  subdivisions 1 and 2 as amended by chapter 257 of the laws of  2008  and
   13  subdivisions  3 and 6 as amended by chapter 189 of the laws of 2000, are
   14  amended to read as follows:
   15    1. Any person who  manufactures  or  causes  to  be  manufactured  any
   16  machine-gun,  assault  weapon, 50 CALIBER WEAPON, large capacity ammuni-
   17  tion feeding device or disguised gun is guilty of a class D felony.  Any
   18  person  who  manufactures  or  causes to be manufactured any switchblade
   19  knife, gravity knife, pilum ballistic knife, metal knuckle knife, billy,
   20  blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu  star,
   21  chuka  stick,  sandbag,  sandclub  or  slungshot  is guilty of a class A
   22  misdemeanor.
   23    2. Any person who transports or ships any machine-gun, firearm silenc-
   24  er, assault weapon, 50 CALIBER WEAPON or large capacity ammunition feed-
   25  ing device or disguised gun, or who transports or ships  as  merchandise
   26  five  or  more  firearms,  is guilty of a class D felony. Any person who
   27  transports or ships as merchandise any firearm, other  than  an  assault
   28  weapon  OR  50  CALIBER  WEAPON, switchblade knife, gravity knife, pilum
   29  ballistic knife, billy, blackjack,  bludgeon,  plastic  knuckles,  metal
   30  knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a
   31  class A misdemeanor.
   32    3.  Any  person  who  disposes  of any machine-gun, assault weapon, 50
   33  CALIBER WEAPON, large capacity  ammunition  feeding  device  or  firearm
   34  silencer  is  guilty of a class D felony. Any person who knowingly buys,
   35  receives, disposes of, or conceals a  machine-gun,  50  CALIBER  WEAPON,
   36  firearm,  large  capacity  ammunition  feeding  device, rifle or shotgun
   37  which has been defaced for the purpose of concealment or  prevention  of
   38  the  detection  of  a  crime  or  misrepresenting  the  identity of such
   39  machine-gun, 50 CALIBER WEAPON, firearm, large capacity ammunition feed-
   40  ing device, rifle or shotgun is guilty of a class D felony.
   41    6. Any person who wilfully defaces any machine-gun, 50 CALIBER WEAPON,
   42  large capacity ammunition feeding device or firearm is guilty of a class
   43  D felony.
   44    S 8. Paragraph 8 of subdivision a of section 265.20 of the penal  law,
   45  as  amended  by  chapter  61  of the laws of 2010, is amended to read as
   46  follows:
   47    8. The manufacturer of machine-guns, firearm silencers, assault  weap-
   48  ons,  large  capacity  ammunition  feeding  devices, 50 CALIBER WEAPONS,
   49  disguised guns, pilum ballistic knives, switchblade or  gravity  knives,
   50  billies  or  blackjacks  as merchandise, or as a transferee recipient of
   51  the same for repair, lawful distribution or  research  and  development,
   52  and  the disposal and shipment thereof direct to a regularly constituted
   53  or appointed state or municipal police department, sheriff, policeman or
   54  other peace officer, or to  a  state  prison,  penitentiary,  workhouse,
   55  county  jail or other institution for the detention of persons convicted
   56  or accused of crime or held as witnesses in criminal cases,  or  to  the
       S. 2050                             5
    1  military  service  of  this  state  or  of the United States; or for the
    2  repair and return of the same to the lawful possessor  or  for  research
    3  and development.
    4    S 9. Section 265.20 of the penal law is amended by adding a new subdi-
    5  vision f to read as follows:
    6    F.  THE  TERMS "PISTOL," "REVOLVER," "RIFLE," AND "SHOTGUN" AS USED IN
    7  PARAGRAPHS THREE THROUGH FIVE, SEVEN THROUGH SEVEN-B,  TWELVE,  THIRTEEN
    8  AND  THIRTEEN-A  OF SUBDIVISION A OF THIS SECTION SHALL NOT INCLUDE A 50
    9  CALIBER WEAPON AS DEFINED IN SUBDIVISION TWENTY-SIX OF SECTION 265.00 OF
   10  THIS ARTICLE.
   11    S 10. The executive law is amended by adding a new section 232 to read
   12  as follows:
   13    S 232. COMPLIANCE WITH THE BAN ON THE SALE, POSSESSION OR  USE  OF  50
   14  CALIBER  WEAPONS.    1.  FROM  WITHIN AMOUNTS APPROPRIATED THEREFOR, THE
   15  DIVISION OF STATE POLICE SHALL TAKE  SUCH  ACTION  AS  IS  NECESSARY  TO
   16  IMPLEMENT  A  PROGRAM WHEREBY PERSONS, INCLUDING DEALERS OF FIREARMS, IN
   17  LAWFUL POSSESSION OF  50  CALIBER  WEAPONS  MAY  BRING  THEMSELVES  INTO
   18  COMPLIANCE  WITH  THE  PROVISIONS  OF THE PENAL LAW WHICH BANS THE SALE,
   19  POSSESSION OR USE OF SUCH WEAPONS.
   20    2. WITHIN THIRTY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  ANY
   21  LICENSED  FIREARM DEALER WHO HAS IN HIS OR HER POSSESSION A NEW 50 CALI-
   22  BER WEAPON SHALL BE ENTITLED TO RETURN SUCH WEAPON TO THE DISTRIBUTOR OR
   23  MANUFACTURER, AND SHALL BE ENTITLED TO A FULL REFUND, OR CREDIT,  IN  AN
   24  AMOUNT  EQUAL  TO THE PURCHASE PRICE OF SUCH WEAPON. IN ANY CASE WHERE A
   25  DISTRIBUTOR OR MANUFACTURER FAILS OR REFUSES TO SO REFUND OR CREDIT SUCH
   26  DEALER, THE DEALER SHALL NOTIFY THE DIVISION OF  STATE  POLICE,  AND  IT
   27  SHALL  IMMEDIATELY  NOTIFY  THE  ATTORNEY  GENERAL SO THAT HE OR SHE MAY
   28  INTERCEDE AND TAKE SUCH ACTIONS ON BEHALF OF THE DEALER TO  SECURE  SUCH
   29  REFUND OR CREDIT.
   30    3.  WITHIN  THIRTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, ANY
   31  PERSON, INCLUDING A LICENSED FIREARM DEALER, WHO HAS IN HIS OR HER LEGAL
   32  POSSESSION A USED 50 CALIBER WEAPON SHALL PERSONALLY DELIVER SUCH WEAPON
   33  TO THE DIVISION OF STATE POLICE, AND  UPON  TRANSFERRING  OWNERSHIP  AND
   34  POSSESSION  TO  A  DULY DESIGNATED OFFICER THEREOF, SHALL BE ENTITLED TO
   35  RECEIVE PAYMENT IN AN AMOUNT EQUAL TO THE  FAIR  MARKET  VALUE  OF  SUCH
   36  WEAPON, BUT NOT TO EXCEED EIGHT THOUSAND FIVE HUNDRED DOLLARS.
   37    4.  THE  DIVISION  OF STATE POLICE SHALL TAKE SUCH ACTION, INCLUDING A
   38  PUBLIC CAMPAIGN USING THE PRINT MEDIA, TELEVISION, RADIO OR OTHER  MEANS
   39  TO  NOTIFY  PERSONS  OF THE EXISTENCE OF THE PROGRAM ESTABLISHED IN THIS
   40  SECTION.
   41    S 11. This act shall take effect immediately; provided, however,  that
   42  sections one through nine of this act shall take effect on the thirtieth
   43  day after this act shall have become a law.