S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7609
                                   I N  S E N A T E
                                     May 15, 2014
                                      ___________
       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:
   26    (I) ANY WEAPON CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE THAT HAS BEEN
   27  RENDERED PERMANENTLY INOPERABLE;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14870-02-4
       S. 7609                             2
    1    (II) ANY WEAPON CAPABLE OF FIRING A CENTER-FIRE CARTRIDGE THAT  IS  AN
    2  ANTIQUE FIREARM AS DEFINED IN CLAUSE SIXTEEN OF PARAGRAPH (A) OF SECTION
    3  NINE HUNDRED TWENTY-ONE OF TITLE EIGHTEEN OF THE UNITED STATES CODE;
    4    (III)  ANY  WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION EIGHTEEN
    5  OF SECTION 400.00 OF THIS CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO  THE
    6  PROVISIONS OF PARAGRAPH (D) OF THIS SUBDIVISION;
    7    (IV)  ANY  WEAPON  THAT WAS MANUFACTURED AT LEAST FIFTY YEARS PRIOR TO
    8  THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THEREOF,  THAT  IS  VALIDLY
    9  REGISTERED  PURSUANT  TO  SUBDIVISION EIGHTEEN OF SECTION 400.00 OF THIS
   10  CHAPTER;
   11    (V) ANY MUZZLE-LOADING RIFLE OR SHOTGUN WITH A RIFLED BORE.
   12    (D) ANY WEAPON DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION  MAY  ONLY
   13  BE  SOLD  TO, EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO
   14  POSSESS SUCH WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE  STATE
   15  PROVIDED  THAT  ANY  SUCH TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF
   16  THE STATE MUST BE REPORTED TO THE ENTITY WHEREIN THE  WEAPON  IS  REGIS-
   17  TERED  WITHIN  SEVENTY-TWO  HOURS  OF  SUCH  TRANSFER. AN INDIVIDUAL WHO
   18  TRANSFERS ANY SUCH WEAPON TO AN INDIVIDUAL  INSIDE  NEW  YORK  STATE  OR
   19  WITHOUT  COMPLYING WITH THE PROVISIONS OF THIS PARAGRAPH SHALL BE GUILTY
   20  OF A CLASS A MISDEMEANOR UNLESS  TRANSFERRED  WITHIN  ONE  YEAR  OF  THE
   21  EFFECTIVE DATE OF THIS SUBDIVISION.
   22    S  4.  Section  400.00  of  the penal law is amended by adding two new
   23  subdivisions 18 and 19 to read as follows:
   24    18. REGISTRATION OF 50 CALIBER WEAPONS.   (A) AN  OWNER  OF  A  WEAPON
   25  DEFINED  IN PARAGRAPH (B) OF SUBDIVISION TWENTY-SIX OF SECTION 265.00 OF
   26  THIS CHAPTER, POSSESSED BEFORE THE EFFECTIVE DATE OF  THIS  SUBDIVISION,
   27  MUST MAKE AN APPLICATION TO REGISTER SUCH WEAPON WITH THE SUPERINTENDENT
   28  OF  STATE  POLICE,  IN  THE MANNER PROVIDED BY THE SUPERINTENDENT, OR BY
   29  AMENDING A LICENSE ISSUED PURSUANT TO THIS SECTION WITHIN  ONE  YEAR  OF
   30  THE  EFFECTIVE  DATE OF THIS SUBDIVISION EXCEPT ANY WEAPON DEFINED UNDER
   31  SUBPARAGRAPH (IV) OF PARAGRAPH (C) OF SUBDIVISION TWENTY-SIX OF  SECTION
   32  265.00  OF  THIS CHAPTER TRANSFERRED INTO THE STATE MAY BE REGISTERED AT
   33  ANY TIME, PROVIDED SUCH WEAPONS ARE REGISTERED  WITHIN  THIRTY  DAYS  OF
   34  THEIR  TRANSFER  INTO  THE STATE. REGISTRATION INFORMATION SHALL INCLUDE
   35  THE REGISTRANT'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDENTIAL ADDRESS,
   36  SOCIAL SECURITY NUMBER AND DESCRIPTION OF EACH WEAPON BEING  REGISTERED.
   37  A  REGISTRATION  OF  ANY WEAPON DEFINED UNDER SUBPARAGRAPH (IV) OF PARA-
   38  GRAPH (C) OF SUBDIVISION TWENTY-SIX OF SECTION 265.00  OF  THIS  CHAPTER
   39  SHALL  BE  TRANSFERABLE,  PROVIDED  THAT  THE  SELLER NOTIFIES THE STATE
   40  POLICE WITHIN SEVENTY-TWO HOURS OF THE TRANSFER AND THE  BUYER  PROVIDES
   41  THE  STATE  POLICE WITH INFORMATION SUFFICIENT TO CONSTITUTE A REGISTRA-
   42  TION UNDER THIS SECTION. SUCH REGISTRATION SHALL NOT BE  VALID  IF  SUCH
   43  REGISTRANT IS PROHIBITED OR BECOMES PROHIBITED FROM POSSESSING A FIREARM
   44  PURSUANT  TO  STATE  OR  FEDERAL LAW. THE SUPERINTENDENT SHALL DETERMINE
   45  WHETHER SUCH REGISTRANT IS PROHIBITED FROM POSSESSING  A  FIREARM  UNDER
   46  STATE OR FEDERAL LAW. SUCH CHECK SHALL BE LIMITED TO DETERMINING WHETHER
   47  THE FACTORS IN PARAGRAPH (G) OF SECTION NINE HUNDRED TWENTY-TWO OF TITLE
   48  EIGHTEEN  OF  THE  UNITED  STATES CODE APPLY OR WHETHER A REGISTRANT HAS
   49  BEEN CONVICTED OF A SERIOUS OFFENSE AS DEFINED IN SUBDIVISION  SEVENTEEN
   50  OF  SECTION  265.00  OF  THIS CHAPTER, SO AS TO PROHIBIT SUCH REGISTRANT
   51  FROM POSSESSING A FIREARM, AND WHETHER A REPORT HAS BEEN ISSUED PURSUANT
   52  TO SECTION 9.46 OF THE MENTAL HYGIENE LAW. ALL REGISTRANTS SHALL  RECER-
   53  TIFY  TO THE DIVISION OF STATE POLICE EVERY FIVE YEARS THEREAFTER. FAIL-
   54  URE TO RECERTIFY SHALL RESULT IN A REVOCATION OF SUCH REGISTRATION.
   55    (B) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF  PARAGRAPH  (A)  OF
   56  THIS SUBDIVISION, AN OWNER OF A 50 CALIBER WEAPON AS DEFINED IN SUBDIVI-
       S. 7609                             3
    1  SION  TWENTY-SIX  OF  SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED
    2  RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI-
    3  VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH  WEAPON
    4  WAS  ISSUED  TO  OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN
    5  THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS
    6  QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE  MONTHS
    7  PRIOR  TO  HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON WITHIN SIXTY
    8  DAYS OF RETIREMENT.
    9    (C) THE SUPERINTENDENT OF STATE POLICE SHALL CREATE AND MAINTAIN A "50
   10  CALIBER WEAPONS" PAGE OR  SECTION  ON  THE  EXISTING  INTERNET  WEBSITE,
   11  CREATED  PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION SIXTEEN-A OF THIS
   12  SECTION, TO EDUCATE THE PUBLIC AS TO WHICH 50 CALIBER WEAPONS ARE  ILLE-
   13  GAL AS A RESULT OF THE ENACTMENT OF THIS SUBDIVISION, AS WELL AS SUCH 50
   14  CALIBER  WEAPONS  WHICH  ARE  ILLEGAL  PURSUANT  TO  ARTICLE TWO HUNDRED
   15  SIXTY-FIVE OF THIS CHAPTER. SUCH WEBSITE SHALL  CONTAIN  INFORMATION  TO
   16  ASSIST  THE  PUBLIC  IN  RECOGNIZING THE RELEVANT FEATURES PROSCRIBED BY
   17  SUCH ARTICLE TWO HUNDRED SIXTY-FIVE, AS WELL AS WHICH MAKE AND MODEL  OF
   18  WEAPONS REQUIRE REGISTRATION.
   19    (D)  A PERSON WHO KNOWINGLY FAILS TO APPLY TO REGISTER SUCH WEAPON, AS
   20  REQUIRED BY THIS SECTION, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THIS
   21  SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SUCH PERSON WHO
   22  UNKNOWINGLY  FAILS  TO VALIDLY REGISTER SUCH WEAPON WITHIN SUCH ONE YEAR
   23  PERIOD SHALL BE GIVEN  A  WARNING  BY  AN  APPROPRIATE  LAW  ENFORCEMENT
   24  AUTHORITY  ABOUT SUCH FAILURE AND GIVEN THIRTY DAYS IN WHICH TO APPLY TO
   25  REGISTER SUCH WEAPON OR TO SURRENDER IT. A FAILURE TO APPLY OR SURRENDER
   26  SUCH WEAPON WITHIN SUCH THIRTY-DAY PERIOD SHALL RESULT  IN  SUCH  WEAPON
   27  BEING REMOVED BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY AND DECLARED A
   28  NUISANCE.
   29    (E)  THE  COST  OF THE SOFTWARE, PROGRAMMING AND INTERFACE REQUIRED TO
   30  TRANSMIT ANY RECORD THAT MUST BE ELECTRONICALLY TRANSMITTED BY THE DEAL-
   31  ER OR LICENSING OFFICER TO THE DIVISION OF STATE POLICE PURSUANT TO THIS
   32  CHAPTER SHALL BE BORNE BY THE STATE.
   33    19. APPLICABILITY OF SECTION. THE PROVISIONS OF  ARTICLE  TWO  HUNDRED
   34  SIXTY-FIVE  OF THIS CHAPTER RELATING TO ILLEGAL POSSESSION OF A FIREARM,
   35  SHALL NOT APPLY TO AN OFFENSE WHICH ALSO CONSTITUTES A VIOLATION OF THIS
   36  SECTION BY A  PERSON  HOLDING  AN  OTHERWISE  VALID  LICENSE  UNDER  THE
   37  PROVISIONS  OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE AS
   38  A CLASS A  MISDEMEANOR  PURSUANT  TO  THIS  SECTION.  IN  ADDITION,  THE
   39  PROVISIONS OF SUCH ARTICLE TWO HUNDRED SIXTY-FIVE SHALL NOT APPLY TO THE
   40  POSSESSION  OF  A  FIREARM IN A PLACE NOT AUTHORIZED BY LAW, BY A PERSON
   41  WHO HOLDS AN OTHERWISE VALID LICENSE OR POSSESSION OF  A  FIREARM  BY  A
   42  PERSON  WITHIN  A ONE YEAR PERIOD AFTER THE STATED EXPIRATION DATE OF AN
   43  OTHERWISE VALID LICENSE WHICH  HAS  NOT  BEEN  PREVIOUSLY  CANCELLED  OR
   44  REVOKED  SHALL  ONLY  BE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO
   45  THIS SECTION.
   46    S 5. Section 265.02 of the penal law is amended by adding a new subdi-
   47  vision 11 to read as follows:
   48    (11) SUCH PERSON POSSESSES A 50 CALIBER WEAPON.
   49    S 6. Subdivision 3 of section 265.00 of the penal law, as  amended  by
   50  chapter 189 of the laws of 2000, is amended to read as follows:
   51    3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
   52  one  or more barrels less than eighteen inches in length; or (c) a rifle
   53  having one or more barrels less than sixteen inches in  length;  or  (d)
   54  any weapon made from a shotgun or rifle whether by alteration, modifica-
   55  tion, or otherwise if such weapon as altered, modified, or otherwise has
   56  an  overall  length  of  less  than twenty-six inches; or (e) an assault
       S. 7609                             4
    1  weapon; OR (F) A 50 CALIBER WEAPON. For the purpose of this  subdivision
    2  the  length  of  the barrel on a shotgun or rifle shall be determined by
    3  measuring the distance between the muzzle and  the  face  of  the  bolt,
    4  breech,  or  breechlock  when  closed  and  when the shotgun or rifle is
    5  cocked; the overall length of a weapon made from a shotgun or  rifle  is
    6  the  distance  between  the  extreme ends of the weapon measured along a
    7  line parallel to the center line of the bore. Firearm does  not  include
    8  an antique firearm.
    9    S  7.  Subdivisions  1, 2, 3 and 6 of section 265.10 of the penal law,
   10  subdivisions 1 and 2 as amended by chapter 257 of the laws of  2008  and
   11  subdivisions  3 and 6 as amended by chapter 189 of the laws of 2000, are
   12  amended to read as follows:
   13    1. Any person who  manufactures  or  causes  to  be  manufactured  any
   14  machine-gun,  assault  weapon, 50 CALIBER WEAPON, large capacity ammuni-
   15  tion feeding device or disguised gun is guilty of a class D felony.  Any
   16  person  who  manufactures  or  causes to be manufactured any switchblade
   17  knife, gravity knife, pilum ballistic knife, metal knuckle knife, billy,
   18  blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu  star,
   19  chuka  stick,  sandbag,  sandclub  or  slungshot  is guilty of a class A
   20  misdemeanor.
   21    2. Any person who transports or ships any machine-gun, firearm silenc-
   22  er, assault weapon, 50 CALIBER WEAPON or large capacity ammunition feed-
   23  ing device or disguised gun, or who transports or ships  as  merchandise
   24  five  or  more  firearms,  is guilty of a class D felony. Any person who
   25  transports or ships as merchandise any firearm, other  than  an  assault
   26  weapon  OR  50  CALIBER  WEAPON, switchblade knife, gravity knife, pilum
   27  ballistic knife, billy, blackjack,  bludgeon,  plastic  knuckles,  metal
   28  knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a
   29  class A misdemeanor.
   30    3.  Any  person  who  disposes  of any machine-gun, assault weapon, 50
   31  CALIBER WEAPON, large capacity  ammunition  feeding  device  or  firearm
   32  silencer  is  guilty of a class D felony. Any person who knowingly buys,
   33  receives, disposes of, or conceals a  machine-gun,  50  CALIBER  WEAPON,
   34  firearm,  large  capacity  ammunition  feeding  device, rifle or shotgun
   35  which has been defaced for the purpose of concealment or  prevention  of
   36  the  detection  of  a  crime  or  misrepresenting  the  identity of such
   37  machine-gun, 50 CALIBER WEAPON, firearm, large capacity ammunition feed-
   38  ing device, rifle or shotgun is guilty of a class D felony.
   39    6. Any person who wilfully defaces any machine-gun, 50 CALIBER WEAPON,
   40  large capacity ammunition feeding device or firearm is guilty of a class
   41  D felony.
   42    S 8. Paragraph 8 of subdivision a of section 265.20 of the penal  law,
   43  as  amended  by  chapter  61  of the laws of 2010, is amended to read as
   44  follows:
   45    8. The manufacturer of machine-guns, firearm silencers, assault  weap-
   46  ons,  large  capacity  ammunition  feeding  devices, 50 CALIBER WEAPONS,
   47  disguised guns, pilum ballistic knives, switchblade or  gravity  knives,
   48  billies  or  blackjacks  as merchandise, or as a transferee recipient of
   49  the same for repair, lawful distribution or  research  and  development,
   50  and  the disposal and shipment thereof direct to a regularly constituted
   51  or appointed state or municipal police department, sheriff, policeman or
   52  other peace officer, or to  a  state  prison,  penitentiary,  workhouse,
   53  county  jail or other institution for the detention of persons convicted
   54  or accused of crime or held as witnesses in criminal cases,  or  to  the
   55  military  service  of  this  state  or  of the United States; or for the
       S. 7609                             5
    1  repair and return of the same to the lawful possessor  or  for  research
    2  and development.
    3    S 9. Section 265.20 of the penal law is amended by adding a new subdi-
    4  vision f to read as follows:
    5    F.  THE  TERMS "PISTOL," "REVOLVER," "RIFLE," AND "SHOTGUN" AS USED IN
    6  PARAGRAPHS THREE THROUGH FIVE, SEVEN THROUGH SEVEN-B,  TWELVE,  THIRTEEN
    7  AND  THIRTEEN-A  OF SUBDIVISION A OF THIS SECTION SHALL NOT INCLUDE A 50
    8  CALIBER WEAPON AS DEFINED IN SUBDIVISION TWENTY-SIX OF SECTION 265.00 OF
    9  THIS ARTICLE.
   10    S 10. The executive law is amended by adding a new section 231 to read
   11  as follows:
   12    S 231. COMPLIANCE WITH THE BAN ON THE SALE, POSSESSION OR  USE  OF  50
   13  CALIBER  WEAPONS.    1.  FROM  WITHIN AMOUNTS APPROPRIATED THEREFOR, THE
   14  DIVISION OF STATE POLICE SHALL TAKE  SUCH  ACTION  AS  IS  NECESSARY  TO
   15  IMPLEMENT  A  PROGRAM WHEREBY PERSONS, INCLUDING DEALERS OF FIREARMS, IN
   16  LAWFUL POSSESSION OF  50  CALIBER  WEAPONS  MAY  BRING  THEMSELVES  INTO
   17  COMPLIANCE  WITH  THE  PROVISIONS  OF THE PENAL LAW WHICH BANS THE SALE,
   18  POSSESSION OR USE OF SUCH WEAPONS.
   19    2. WITHIN THIRTY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  ANY
   20  LICENSED  FIREARM DEALER WHO HAS IN HIS OR HER POSSESSION A NEW 50 CALI-
   21  BER WEAPON SHALL BE ENTITLED TO RETURN SUCH WEAPON TO THE DISTRIBUTOR OR
   22  MANUFACTURER, AND SHALL BE ENTITLED TO A FULL REFUND, OR CREDIT,  IN  AN
   23  AMOUNT  EQUAL  TO THE PURCHASE PRICE OF SUCH WEAPON. IN ANY CASE WHERE A
   24  DISTRIBUTOR OR MANUFACTURER FAILS OR REFUSES TO SO REFUND OR CREDIT SUCH
   25  DEALER, THE DEALER SHALL NOTIFY THE DIVISION OF  STATE  POLICE,  AND  IT
   26  SHALL  IMMEDIATELY  NOTIFY  THE  ATTORNEY  GENERAL SO THAT HE OR SHE MAY
   27  INTERCEDE AND TAKE SUCH ACTIONS ON BEHALF OF THE DEALER TO  SECURE  SUCH
   28  REFUND OR CREDIT.
   29    3.  WITHIN  THIRTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, ANY
   30  PERSON, INCLUDING A LICENSED FIREARM DEALER, WHO HAS IN HIS OR HER LEGAL
   31  POSSESSION A USED 50 CALIBER WEAPON SHALL PERSONALLY DELIVER SUCH WEAPON
   32  TO THE DIVISION OF STATE POLICE, AND  UPON  TRANSFERRING  OWNERSHIP  AND
   33  POSSESSION  TO  A  DULY DESIGNATED OFFICER THEREOF, SHALL BE ENTITLED TO
   34  RECEIVE PAYMENT IN AN AMOUNT EQUAL TO THE  FAIR  MARKET  VALUE  OF  SUCH
   35  WEAPON, BUT NOT TO EXCEED EIGHT THOUSAND FIVE HUNDRED DOLLARS.
   36    4.  THE  DIVISION  OF STATE POLICE SHALL TAKE SUCH ACTION, INCLUDING A
   37  PUBLIC CAMPAIGN USING THE PRINT MEDIA, TELEVISION, RADIO OR OTHER  MEANS
   38  TO  NOTIFY  PERSONS  OF THE EXISTENCE OF THE PROGRAM ESTABLISHED IN THIS
   39  SECTION.
   40    S 11. This act shall take effect immediately; provided, however,  that
   41  sections one through nine of this act shall take effect on the thirtieth
   42  day after this act shall have become a law.