S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3322
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M.  of A. KAVANAGH, COOK, JAFFEE, LAVINE, LIFTON, RAMOS,
         ROBINSON -- Multi-Sponsored by --  M.  of  A.  DINOWITZ,  ENGLEBRIGHT,
         GLICK, GOTTFRIED, JOHNS, MARKEY, ORTIZ, PAULIN, PEOPLES-STOKES, PERRY,
         SCARBOROUGH,  WEINSTEIN,  WEISENBERG  -- read once and referred 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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03114-01-3
       A. 3322                             2
    1    24.  "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A CENTER-FIRE
    2  CARTRIDGE IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY  OTHER
    3  VARIANT  OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF SUCH
    4  CALIBER, PROVIDED, HOWEVER, THAT NOTHING IN THIS  SUBDIVISION  SHALL  BE
    5  CONSTRUED  TO  INCLUDE ANY MUZZLE LOADING RIFLE OR SHOTGUN WITH A RIFLED
    6  BORE.
    7    S 4. Subdivision 3 of section 265.02 of the penal law, as  amended  by
    8  chapter 764 of the laws of 2005, is amended to read as follows:
    9    (3)  Such person knowingly possesses a machine-gun, A 50-CALIBER WEAP-
   10  ON, firearm, rifle or shotgun which has been defaced for the purpose  of
   11  concealment or prevention of the detection of a crime or misrepresenting
   12  the  identity  of such machine-gun, 50-CALIBER WEAPON, firearm, rifle or
   13  shotgun; or
   14    S 5. Section 265.02 of the penal law is amended by adding a new subdi-
   15  vision 4 to read as follows:
   16    (4) SUCH PERSON POSSESSES ANY 50-CALIBER WEAPON; OR
   17    S 6. Section 265.03 of the penal law, as amended by chapter 742 of the
   18  laws of 2006 and subdivisions 1 and 3 as amended by chapter 745  of  the
   19  laws of 2006, is amended to read as follows:
   20  S 265.03 Criminal possession of a weapon in the second degree.
   21    A  person  is  guilty of criminal possession of a weapon in the second
   22  degree when SUCH PERSON:
   23    (1) [with intent to use the  same  unlawfully  against  another,  such
   24  person:
   25    (a)] possesses a machine-gun; or
   26    [(b)]  (2)  possesses  a  50-CALIBER  WEAPON  OR A loaded firearm WITH
   27  INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER; or
   28    [(c)] (3) possesses a disguised gun WITH INTENT TO USE THE SAME UNLAW-
   29  FULLY AGAINST ANOTHER; or
   30    [(2) such person] (4) possesses five or more firearms; or
   31    [(3)] (5) such person possesses any loaded  firearm.  Such  possession
   32  shall  not,  except  as  provided in subdivision one or seven of section
   33  265.02 of this article, constitute a violation of  this  subdivision  if
   34  such possession takes place in such person's home or place of business.
   35    Criminal  possession  of  a  weapon  in the second degree is a class C
   36  felony.
   37    S 7. The penal law is amended by adding two new  sections  265.45  and
   38  265.46 to read as follows:
   39  S 265.45 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND DEGREE.
   40    1.  A  PERSON  IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE
   41  SECOND DEGREE WHEN HE OR SHE COMMITS ANY CLASS C VIOLENT FELONY  OFFENSE
   42  AS  DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 70.02 OF THIS
   43  CHAPTER AND HE OR SHE USES A 50-CALIBER WEAPON, AS DEFINED  IN  SUBDIVI-
   44  SION  TWENTY-FOUR  OF  SECTION 265.00 OF THIS ARTICLE, IF THE 50-CALIBER
   45  WEAPON IS A LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READILY  CAPABLE
   46  OF PRODUCING DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED.
   47    2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
   48  PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND
   49  DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS  SECTION  THE  COURT  SHALL
   50  IMPOSE  AN ADDITIONAL CONSECUTIVE TERM OF FIVE YEARS TO THE MINIMUM TERM
   51  OF THE INDETERMINATE  SENTENCE  OR  TERM  OF  THE  DETERMINATE  SENTENCE
   52  IMPOSED  ON  THE UNDERLYING CLASS C VIOLENT FELONY CONVICTION.  NOTWITH-
   53  STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  THE  AGGREGATE  OF
   54  THE  FIVE YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS SUBDIVISION AND
   55  THE MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE  UNDERLYING
   56  CLASS  C  VIOLENT  FELONY  CONVICTION SHALL CONSTITUTE THE NEW AGGREGATE
       A. 3322                             3
    1  MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT SUBJECT TO SUCH TERM SHALL
    2  BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT  BE
    3  ELIGIBLE  FOR  RELEASE  ON  PAROLE OR OTHER DISCRETIONARY RELEASE DURING
    4  SUCH TERM.
    5  S 265.46 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST DEGREE.
    6    1.  A  PERSON  IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE
    7  FIRST DEGREE WHEN HE OR SHE COMMITS ANY CLASS A FELONY  OFFENSE  CONSTI-
    8  TUTING  MURDER,  KIDNAPPING,  ARSON,  CONSPIRACY OR SALE OF A CONTROLLED
    9  SUBSTANCE OR ATTEMPTS TO COMMIT ANY  SUCH  CLASS  A  FELONY  WHERE  SUCH
   10  ATTEMPT ALSO CONSTITUTES A CLASS A FELONY, OR ANY CLASS B VIOLENT FELONY
   11  OFFENSE  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.02
   12  OF THIS CHAPTER AND HE OR SHE USES A 50-CALIBER WEAPON,  AS  DEFINED  IN
   13  SUBDIVISION  TWENTY-FOUR  OF  SECTION  265.00  OF  THIS  ARTICLE, IF THE
   14  50-CALIBER WEAPON IS A LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READ-
   15  ILY  CAPABLE  OF  PRODUCING  DEATH  OR  OTHER  SERIOUS  INJURY  MAY   BE
   16  DISCHARGED.
   17    2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
   18  PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE  FIRST
   19  DEGREE  AS  DEFINED  IN  SUBDIVISION ONE OF THIS SECTION THE COURT SHALL
   20  IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF TEN YEARS TO THE  MINIMUM  TERM
   21  OF  THE  INDETERMINATE  SENTENCE  OR  TERM  OF  THE DETERMINATE SENTENCE
   22  IMPOSED ON THE UNDERLYING CLASS A OR CLASS B VIOLENT FELONY  CONVICTION.
   23  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE AGGRE-
   24  GATE OF THE TEN YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS  SUBDIVI-
   25  SION  AND  THE  MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE
   26  UNDERLYING CLASS A OR CLASS B VIOLENT FELONY CONVICTION SHALL CONSTITUTE
   27  THE NEW AGGREGATE MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT  SUBJECT
   28  TO  SUCH  TERM  SHALL  BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM
   29  TERM AND SHALL NOT BE ELIGIBLE FOR RELEASE ON PAROLE  OR  OTHER  DISCRE-
   30  TIONARY RELEASE DURING SUCH TERM.
   31    S  8.  Subdivision  2  of section 265.08 of the penal law, as added by
   32  chapter 233 of the laws of 1980, is amended to read as follows:
   33    (2) displays what appears to be a pistol,  revolver,  rifle,  shotgun,
   34  50-CALIBER WEAPON, machine gun or other firearm.
   35    S  9.  Paragraph  (b)  of subdivision 1 of section 265.09 of the penal
   36  law, as amended by chapter 650 of the laws of 1996, is amended  to  read
   37  as follows:
   38    (b)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
   39  50-CALIBER WEAPON, machine gun or other firearm.
   40    S 10. Subdivisions 2, 3 and 6 of section  265.10  of  the  penal  law,
   41  subdivision 2 as amended by chapter 257 of the laws of 2008 and subdivi-
   42  sions 3 and 6 as amended by chapter 189 of the laws of 2000, are amended
   43  to read as follows:
   44    2.  Any  person  who  transports  or ships any machine-gun, 50-CALIBER
   45  WEAPON, firearm silencer, assault weapon or  large  capacity  ammunition
   46  feeding  device or disguised gun, or who transports or ships as merchan-
   47  dise five or more firearms, is guilty of a class D  felony.  Any  person
   48  who  transports  or  ships  as  merchandise  any  firearm, other than an
   49  assault weapon, switchblade knife, gravity knife, pilum ballistic knife,
   50  billy, blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu
   51  star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
   52  nor.
   53    3.  Any  person who disposes of any machine-gun, assault weapon, large
   54  capacity ammunition feeding device, 50-CALIBER WEAPON or firearm silenc-
   55  er is guilty of a  class  D  felony.  Any  person  who  knowingly  buys,
   56  receives,  disposes  of,  or  conceals a machine-gun, 50-CALIBER WEAPON,
       A. 3322                             4
    1  firearm, large capacity ammunition  feeding  device,  rifle  or  shotgun
    2  which  has  been defaced for the purpose of concealment or prevention of
    3  the detection of  a  crime  or  misrepresenting  the  identity  of  such
    4  machine-gun, 50-CALIBER WEAPON, firearm, large capacity ammunition feed-
    5  ing device, rifle or shotgun is guilty of a class D felony.
    6    6.  Any  person  who  wilfully defaces any machine-gun, large capacity
    7  ammunition feeding device, 50-CALIBER WEAPON or firearm is guilty  of  a
    8  class D felony.
    9    S  11. Subdivisions 1 and 5 of section 265.15 of the penal law, subdi-
   10  vision 5 as amended by chapter 695 of the laws of 1987, are  amended  to
   11  read as follows:
   12    1.  The  presence  in  any room, dwelling, structure or vehicle of any
   13  machine-gun OR 50-CALIBER WEAPON is presumptive evidence of its unlawful
   14  possession by all persons occupying the place where such machine-gun  OR
   15  50-CALIBER WEAPON is found.
   16    5.  The  possession by any person of a defaced machine-gun, 50-CALIBER
   17  WEAPON, firearm, rifle   or shotgun is presumptive  evidence  that  such
   18  person defaced the same.
   19    S 12. Paragraph 2 of subdivision a of section 265.20 of the penal law,
   20  as  amended  by  chapter  189 of the laws of 2000, is amended to read as
   21  follows:
   22    2. Possession of a  machine-gun,  large  capacity  ammunition  feeding
   23  device,  50-CALIBER  WEAPON,  firearm, switchblade knife, gravity knife,
   24  pilum ballistic knife, billy or blackjack by a  warden,  superintendent,
   25  headkeeper  or deputy of a state prison, penitentiary, workhouse, county
   26  jail or other institution for the  detention  of  persons  convicted  or
   27  accused  of crime or detained as witnesses in criminal cases, in pursuit
   28  of official duty or when duly  authorized  by  regulation  or  order  to
   29  possess the same.
   30    S 13. Paragraph 8 of subdivision a of section 265.20 of the penal law,
   31  as  amended  by  chapter  61  of the laws of 2010, is amended to read as
   32  follows:
   33    8. The manufacturer of machine-guns, firearm silencers, assault  weap-
   34  ons,  large  capacity  ammunition  feeding  devices, 50-CALIBER WEAPONS,
   35  disguised guns, pilum ballistic knives, switchblade or  gravity  knives,
   36  billies  or  blackjacks  as merchandise, or as a transferee recipient of
   37  the same for repair, lawful distribution or  research  and  development,
   38  and  the disposal and shipment thereof direct to a regularly constituted
   39  or appointed state or municipal police department, sheriff, policeman or
   40  other peace officer, or to  a  state  prison,  penitentiary,  workhouse,
   41  county  jail or other institution for the detention of persons convicted
   42  or accused of crime or held as witnesses in criminal cases,  or  to  the
   43  military  service  of  this  state  or  of the United States; or for the
   44  repair and return of the same to the lawful possessor  or  for  research
   45  and development.
   46    S  14.  Section  265.20  of  the  penal law is amended by adding a new
   47  subdivision e to read as follows:
   48    E. THE TERMS "PISTOL," "REVOLVER," "RIFLE," AND "SHOTGUN" AS  USED  IN
   49  PARAGRAPHS  THREE  THROUGH FIVE, SEVEN THROUGH SEVEN-B, TWELVE, THIRTEEN
   50  AND THIRTEEN-A OF SUBDIVISION A OF THIS  SECTION  SHALL  NOT  INCLUDE  A
   51  50-CALIBER  WEAPON  AS  DEFINED  IN  SUBDIVISION  TWENTY-FOUR OF SECTION
   52  265.00 OF THIS ARTICLE.
   53    S 15. Section 265.11 of the penal law, as amended by  chapter  764  of
   54  the laws of 2005, is amended to read as follows:
   55  S 265.11 Criminal  sale  of  a firearm OR 50-CALIBER WEAPON in the third
   56             degree.
       A. 3322                             5
    1    A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
    2  in  the  third degree when such person is not authorized pursuant to law
    3  to possess a firearm OR 50-CALIBER WEAPON  and  such  person  unlawfully
    4  either:
    5    (1)  sells,  exchanges,  gives  or  disposes  of a firearm [or], large
    6  capacity ammunition feeding  device  OR  50-CALIBER  WEAPON  to  another
    7  person; or
    8    (2)  possesses  a firearm OR 50-CALIBER WEAPON with the intent to sell
    9  it.
   10    Criminal sale of a firearm OR 50-CALIBER WEAPON in the third degree is
   11  a class D felony.
   12    S 16. Section 265.12 of the penal law, as amended by  chapter  764  of
   13  the laws of 2005, is amended to read as follows:
   14  S  265.12  Criminal sale of a firearm OR 50-CALIBER WEAPON in the second
   15             degree.
   16    A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
   17  in the second degree when such person:
   18    (1)  unlawfully sells, exchanges, gives or disposes of to another five
   19  or more firearms OR 50-CALIBER WEAPONS; or
   20    (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
   21  person or persons a total of five or more firearms OR 50-CALIBER WEAPONS
   22  in a period of not more than one year.
   23    Criminal  sale  of a firearm OR 50-CALIBER WEAPON in the second degree
   24  is a class C felony.
   25    S 17. Section 265.14 of the penal law, as added by chapter 175 of  the
   26  laws  of 1991 and the closing paragraph as amended by chapter 654 of the
   27  laws of 1998, is amended to read as follows:
   28  S 265.14 Criminal sale of a firearm OR 50-CALIBER WEAPON with the aid of
   29             a minor.
   30    A person over the age of eighteen years of age is guilty  of  criminal
   31  sale  of a [weapon] FIREARM OR 50-CALIBER WEAPON with the aid of a minor
   32  when a person under sixteen years of age knowingly and unlawfully sells,
   33  exchanges, gives or disposes  of  a  firearm  OR  50-CALIBER  WEAPON  in
   34  violation  of  this  article,  and  such person over the age of eighteen
   35  years of age, acting  with  the  mental  culpability  required  for  the
   36  commission  thereof,  solicits, requests, commands, importunes or inten-
   37  tionally aids such person under sixteen years of age to engage  in  such
   38  conduct.
   39    Criminal  sale  of  a  firearm  OR 50-CALIBER WEAPON with the aid of a
   40  minor is a class C felony.
   41    S 18. Section 265.13 of the penal law, as amended by  chapter  764  of
   42  the laws of 2005, is amended to read as follows:
   43  S  265.13  Criminal  sale of a firearm OR 50-CALIBER WEAPON in the first
   44             degree.
   45    A person is guilty of criminal sale of a firearm OR 50-CALIBER  WEAPON
   46  in the first degree when such person:
   47    (1)  unlawfully  sells, exchanges, gives or disposes of to another ten
   48  or more firearms OR 50-CALIBER WEAPONS; or
   49    (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
   50  person  or persons a total of ten or more firearms OR 50-CALIBER WEAPONS
   51  in a period of not more than one year.
   52    Criminal sale of a firearm OR 50-CALIBER WEAPON in the first degree is
   53  a class B felony.
   54    S 19. Section 265.16 of the penal law, as added by chapter 600 of  the
   55  laws  of 1992 and the closing paragraph as amended by chapter 654 of the
   56  laws of 1998, is amended to read as follows:
       A. 3322                             6
    1  S 265.16 Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor.
    2    A  person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON
    3  to a minor when he is not  authorized  pursuant  to  law  to  possess  a
    4  firearm  OR  50-CALIBER WEAPON and he unlawfully sells, exchanges, gives
    5  or disposes of a firearm OR 50-CALIBER WEAPON to another person  who  is
    6  or  reasonably  appears to be less than nineteen years of age who is not
    7  licensed pursuant to law to possess a firearm OR 50-CALIBER WEAPON.
    8    Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor is a  class
    9  C felony.
   10    S  20.  The opening paragraph of subdivision 1 of section 55.05 of the
   11  penal law, as amended by chapter 276 of the laws of 1973, is amended  to
   12  read as follows:
   13    [Felonies]  EXCEPT  FOR  THE  FELONIES  DEFINED IN SECTIONS 265.45 AND
   14  265.46 OF THIS CHAPTER, FELONIES are  classified,  for  the  purpose  of
   15  sentence, into five categories as follows:
   16    S  21.  Paragraph  (a)  of subdivision 1 of section 55.10 of the penal
   17  law, as amended by chapter 276 of the laws of 1973, is amended  to  read
   18  as follows:
   19    (a)  [The]  EXCEPT  FOR  THE  FELONIES  DEFINED IN SECTIONS 265.45 AND
   20  265.46 OF THIS CHAPTER, THE particular classification or  subclassifica-
   21  tion  of  each felony defined in this chapter is expressly designated in
   22  the section or article defining it.
   23    S 22. The executive law is amended by adding a new section 231 to read
   24  as follows:
   25    S 231. COMPLIANCE WITH THE BAN ON  THE  SALE,  POSSESSION  OR  USE  OF
   26  50-CALIBER  WEAPONS.  1.  FROM WITHIN AMOUNTS APPROPRIATED THEREFOR, THE
   27  DIVISION OF STATE POLICE SHALL TAKE  SUCH  ACTION  AS  IS  NECESSARY  TO
   28  IMPLEMENT  A  PROGRAM WHEREBY PERSONS, INCLUDING DEALERS OF FIREARMS, IN
   29  LAWFUL POSSESSION  OF  50-CALIBER  WEAPONS  MAY  BRING  THEMSELVES  INTO
   30  COMPLIANCE  WITH  THE  PROVISIONS  OF THE PENAL LAW WHICH BANS THE SALE,
   31  POSSESSION OR USE OF SUCH WEAPONS.
   32    2. WITHIN THIRTY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  ANY
   33  LICENSED  FIREARM DEALER WHO HAS IN HIS OR HER POSSESSION A NEW 50-CALI-
   34  BER WEAPON SHALL BE ENTITLED TO RETURN SUCH WEAPON TO THE DISTRIBUTOR OR
   35  MANUFACTURER, AND SHALL BE ENTITLED TO A FULL REFUND, OR CREDIT,  IN  AN
   36  AMOUNT  EQUAL  TO THE PURCHASE PRICE OF SUCH WEAPON. IN ANY CASE WHERE A
   37  DISTRIBUTOR OR MANUFACTURER FAILS OR REFUSES TO SO REFUND OR CREDIT SUCH
   38  DEALER, THE DEALER SHALL NOTIFY THE DIVISION OF  STATE  POLICE,  AND  IT
   39  SHALL  IMMEDIATELY  NOTIFY  THE  ATTORNEY  GENERAL SO THAT HE OR SHE MAY
   40  INTERCEDE AND TAKE SUCH ACTIONS ON BEHALF OF THE DEALER TO  SECURE  SUCH
   41  REFUND OR CREDIT.
   42    3.  WITHIN  THIRTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, ANY
   43  PERSON, INCLUDING A LICENSED FIREARM DEALER, WHO HAS IN HIS OR HER LEGAL
   44  POSSESSION A USED 50-CALIBER WEAPON SHALL PERSONALLY DELIVER SUCH WEAPON
   45  TO THE DIVISION OF STATE POLICE, AND  UPON  TRANSFERRING  OWNERSHIP  AND
   46  POSSESSION  TO  A  DULY DESIGNATED OFFICER THEREOF, SHALL BE ENTITLED TO
   47  RECEIVE PAYMENT IN AN AMOUNT EQUAL TO THE  FAIR  MARKET  VALUE  OF  SUCH
   48  WEAPON, BUT NOT TO EXCEED EIGHT THOUSAND FIVE HUNDRED DOLLARS.
   49    4.  THE  DIVISION  OF STATE POLICE SHALL TAKE SUCH ACTION, INCLUDING A
   50  PUBLIC CAMPAIGN USING THE PRINT MEDIA, TELEVISION, RADIO OR OTHER  MEANS
   51  TO  NOTIFY  PERSONS  OF THE EXISTENCE OF THE PROGRAM ESTABLISHED IN THIS
   52  SECTION.
   53    S 23. This act shall take effect immediately; provided, however,  that
   54  sections  one  through  twenty-one  of this act shall take effect on the
   55  thirtieth day after this act shall have become a law.