S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6703
                                   I N  S E N A T E
                                   February 28, 2014
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to large capacity  ammunition
         feeding  devices;  and  to  repeal section 265.37 of such law relating
         thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  23  of  section  265.00 of the penal law, as
    2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    3    23. "Large capacity ammunition feeding device" means a magazine, belt,
    4  drum, feed strip, or similar device, that [(a)] has a  capacity  of,  or
    5  that  can  be  readily  restored  or  converted to accept, more than ten
    6  rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
    7  tion, or (c) is obtained after the effective date of the chapter of  the
    8  laws  of  two thousand thirteen which amended this subdivision and has a
    9  capacity of, or that can be readily restored  or  converted  to  accept,
   10  more than seven rounds of ammunition]; provided, however, that such term
   11  does  not  include  an  attached  tubular device designed to accept, and
   12  capable of operating only with, .22  caliber  rimfire  ammunition  or  a
   13  feeding  device  that  is  a curio or relic.  A feeding device that is a
   14  curio or relic is defined as a device that (i) was manufactured at least
   15  fifty years prior to the current date, (ii) is  only  capable  of  being
   16  used  exclusively  in a firearm, rifle, or shotgun that was manufactured
   17  at least fifty years prior to the current date, but not including repli-
   18  cas thereof, (iii) is possessed by an individual who is  not  prohibited
   19  by state or federal law from possessing a firearm and (iv) is registered
   20  with  the  division of state police pursuant to subdivision sixteen-a of
   21  section 400.00 of this chapter, except such feeding devices  transferred
   22  into  the  state may be registered at any time, provided they are regis-
   23  tered within thirty days of their transfer into the state. Notwithstand-
   24  ing paragraph (h) of subdivision twenty-two of this section, such  feed-
   25  ing  devices  may  be  transferred  provided that such transfer shall be
   26  subject to the provisions of section 400.03 of  this  chapter  including
   27  the check required to be conducted pursuant to such section.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14238-01-4
       S. 6703                             2
    1    S  2.  Subdivision 8 of section 265.02 of the penal law, as amended by
    2  chapter 1 of the laws of 2013, is amended to read as follows:
    3    (8) Such person possesses a large capacity ammunition feeding device[.
    4  For  purposes  of  this subdivision, a large capacity ammunition feeding
    5  device shall not include an ammunition feeding device lawfully possessed
    6  by such person before the effective date of the chapter of the  laws  of
    7  two thousand thirteen which amended this subdivision, that has a capaci-
    8  ty  of, or that can be readily restored or converted to accept more than
    9  seven but less than eleven rounds of ammunition, or  that  was  manufac-
   10  tured  before  September  thirteenth, nineteen hundred ninety-four, that
   11  has a capacity of, or that can  be  readily  restored  or  converted  to
   12  accept, more than ten rounds of ammunition]; or
   13    S 3. Section 265.37 of the penal law is REPEALED.
   14    S 4. This act shall take effect immediately.