STATE OF NEW YORK
        ________________________________________________________________________
                                         2050--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 21, 2015
                                       ___________
        Introduced  by  Sens.  SQUADRON,  ESPAILLAT,  PERKINS  -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Codes  --  recommitted  to  the  Committee on Codes in accordance with
          Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        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    § 2. Short title. This act shall be known and may be cited as the  "50
     9  Caliber Threat Reduction Act".
    10    § 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;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01257-03-6

        S. 2050--A                          2
     1    (b) any rifle capable of firing a  center-fire  cartridge  defined  in
     2  paragraph (a) of this subdivision, possessed prior to the effective date
     3  of this subdivision;
     4    (c) provided, however, that such term does not include:
     5    (i) any weapon capable of firing a center-fire cartridge that has been
     6  rendered permanently inoperable;
     7    (ii)  any  weapon capable of firing a center-fire cartridge that is an
     8  antique firearm as defined in clause sixteen of paragraph (a) of section
     9  nine hundred twenty-one of title eighteen of the United States code;
    10    (iii) any weapon validly registered pursuant to  subdivision  eighteen
    11  of  section 400.00 of this chapter. Such weapons shall be subject to the
    12  provisions of paragraph (d) of this subdivision;
    13    (iv) any weapon that was manufactured at least fifty  years  prior  to
    14  the  current  date,  but not including replicas thereof, that is validly
    15  registered pursuant to subdivision eighteen of section  400.00  of  this
    16  chapter;
    17    (v) any muzzle-loading rifle or shotgun with a rifled bore.
    18    (d)  Any  weapon defined in paragraph (b) of this subdivision may only
    19  be sold to, exchanged with or disposed of to a purchaser  authorized  to
    20  possess  such weapons or to an individual or entity outside of the state
    21  provided that any such transfer to an individual or  entity  outside  of
    22  the  state  must  be reported to the entity wherein the weapon is regis-
    23  tered within seventy-two hours  of  such  transfer.  An  individual  who
    24  transfers  any  such  weapon  to  an individual inside New York state or
    25  without complying with the provisions of this paragraph shall be  guilty
    26  of  a  class  A  misdemeanor  unless  transferred within one year of the
    27  effective date of this subdivision.
    28    § 4. Section 400.00 of the penal law is  amended  by  adding  two  new
    29  subdivisions 18 and 19 to read as follows:
    30    18.  Registration  of  50  caliber weapons.   (a) An owner of a weapon
    31  defined in paragraph (b) of subdivision twenty-six of section 265.00  of
    32  this  chapter,  possessed before the effective date of this subdivision,
    33  must make an application to register such weapon with the superintendent
    34  of state police, in the manner provided by  the  superintendent,  or  by
    35  amending  a  license  issued pursuant to this section within one year of
    36  the effective date of this subdivision except any weapon  defined  under
    37  subparagraph  (iv) of paragraph (c) of subdivision twenty-six of section
    38  265.00 of this chapter transferred into the state may be  registered  at
    39  any  time,  provided  such  weapons are registered within thirty days of
    40  their transfer into the state. Registration  information  shall  include
    41  the registrant's name, date of birth, gender, race, residential address,
    42  social  security number and description of each weapon being registered.
    43  A registration of any weapon defined under subparagraph  (iv)  of  para-
    44  graph  (c)  of  subdivision twenty-six of section 265.00 of this chapter
    45  shall be transferable, provided  that  the  seller  notifies  the  state
    46  police  within  seventy-two hours of the transfer and the buyer provides
    47  the state police with information sufficient to constitute  a  registra-
    48  tion  under  this  section. Such registration shall not be valid if such
    49  registrant is prohibited or becomes prohibited from possessing a firearm
    50  pursuant to state or federal law.  The  superintendent  shall  determine
    51  whether  such  registrant  is prohibited from possessing a firearm under
    52  state or federal law. Such check shall be limited to determining whether
    53  the factors in paragraph (g) of section nine hundred twenty-two of title
    54  eighteen of the United States code apply or  whether  a  registrant  has
    55  been  convicted of a serious offense as defined in subdivision seventeen
    56  of section 265.00 of this chapter, so as  to  prohibit  such  registrant

        S. 2050--A                          3
     1  from possessing a firearm, and whether a report has been issued pursuant
     2  to  section 9.46 of the mental hygiene law. All registrants shall recer-
     3  tify to the division of state police every five years thereafter.  Fail-
     4  ure to recertify shall result in a revocation of such registration.
     5    (b)  Notwithstanding  any  inconsistent provisions of paragraph (a) of
     6  this subdivision, an owner of a 50 caliber weapon as defined in subdivi-
     7  sion twenty-six of section 265.00 of this chapter, who  is  a  qualified
     8  retired New York or federal law enforcement officer as defined in subdi-
     9  vision  twenty-five of section 265.00 of this chapter, where such weapon
    10  was issued to or purchased by such officer prior to  retirement  and  in
    11  the course of his or her official duties, and for which such officer was
    12  qualified  by the agency that employed such officer within twelve months
    13  prior to his or her retirement, must register such weapon  within  sixty
    14  days of retirement.
    15    (c) The superintendent of state police shall create and maintain a "50
    16  caliber  weapons"  page  or  section  on  the existing internet website,
    17  created pursuant to paragraph  (b)  of  subdivision  sixteen-a  of  this
    18  section,  to educate the public as to which 50 caliber weapons are ille-
    19  gal as a result of the enactment of this subdivision, as well as such 50
    20  caliber weapons which  are  illegal  pursuant  to  article  two  hundred
    21  sixty-five  of  this  chapter. Such website shall contain information to
    22  assist the public in recognizing the  relevant  features  proscribed  by
    23  such  article two hundred sixty-five, as well as which make and model of
    24  weapons require registration.
    25    (d) A person who knowingly fails to apply to register such weapon,  as
    26  required  by this section, within one year of the effective date of this
    27  subdivision shall be guilty of a class A misdemeanor and such person who
    28  unknowingly fails to validly register such weapon within such  one  year
    29  period  shall  be  given  a  warning  by  an appropriate law enforcement
    30  authority about such failure and given thirty days in which to apply  to
    31  register such weapon or to surrender it. A failure to apply or surrender
    32  such  weapon  within  such thirty-day period shall result in such weapon
    33  being removed by an appropriate law enforcement authority and declared a
    34  nuisance.
    35    (e) The cost of the software, programming and  interface  required  to
    36  transmit any record that must be electronically transmitted by the deal-
    37  er or licensing officer to the division of state police pursuant to this
    38  chapter shall be borne by the state.
    39    19.  Applicability  of  section. The provisions of article two hundred
    40  sixty-five of this chapter relating to illegal possession of a  firearm,
    41  shall not apply to an offense which also constitutes a violation of this
    42  section  by  a  person  holding  an  otherwise  valid  license under the
    43  provisions of this section and such offense shall only be punishable  as
    44  a  class  A  misdemeanor  pursuant  to  this  section.  In addition, the
    45  provisions of such article two hundred sixty-five shall not apply to the
    46  possession of a firearm in a place not authorized by law,  by  a  person
    47  who  holds  an  otherwise  valid license or possession of a firearm by a
    48  person within a one year period after the stated expiration date  of  an
    49  otherwise  valid  license  which  has  not  been previously cancelled or
    50  revoked shall only be punishable as a class A  misdemeanor  pursuant  to
    51  this section.
    52    § 5. Section 265.02 of the penal law is amended by adding a new subdi-
    53  vision 11 to read as follows:
    54    (11) Such person possesses a 50 caliber weapon.
    55    §  6.  Subdivision 3 of section 265.00 of the penal law, as amended by
    56  chapter 189 of the laws of 2000, is amended to read as follows:

        S. 2050--A                          4
     1    3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
     2  one or more barrels less than eighteen inches in length; or (c) a  rifle
     3  having  one  or  more barrels less than sixteen inches in length; or (d)
     4  any weapon made from a shotgun or rifle whether by alteration, modifica-
     5  tion, or otherwise if such weapon as altered, modified, or otherwise has
     6  an  overall  length  of  less  than twenty-six inches; or (e) an assault
     7  weapon; or (f) a 50 caliber weapon. For the purpose of this  subdivision
     8  the  length  of  the barrel on a shotgun or rifle shall be determined by
     9  measuring the distance between the muzzle and  the  face  of  the  bolt,
    10  breech,  or  breechlock  when  closed  and  when the shotgun or rifle is
    11  cocked; the overall length of a weapon made from a shotgun or  rifle  is
    12  the  distance  between  the  extreme ends of the weapon measured along a
    13  line parallel to the center line of the bore. Firearm does  not  include
    14  an antique firearm.
    15    §  7.  Subdivisions  1, 2, 3 and 6 of section 265.10 of the penal law,
    16  subdivisions 1 and 2 as amended by chapter 257 of the laws of  2008  and
    17  subdivisions  3 and 6 as amended by chapter 189 of the laws of 2000, are
    18  amended to read as follows:
    19    1. Any person who  manufactures  or  causes  to  be  manufactured  any
    20  machine-gun,  assault  weapon, 50 caliber weapon, large capacity ammuni-
    21  tion feeding device or disguised gun is guilty of a class D felony.  Any
    22  person  who  manufactures  or  causes to be manufactured any switchblade
    23  knife, gravity knife, pilum ballistic knife, metal knuckle knife, billy,
    24  blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu  star,
    25  chuka  stick,  sandbag,  sandclub  or  slungshot  is guilty of a class A
    26  misdemeanor.
    27    2. Any person who transports or ships any machine-gun, firearm silenc-
    28  er, assault weapon, 50 caliber weapon or large capacity ammunition feed-
    29  ing device or disguised gun, or who transports or ships  as  merchandise
    30  five  or  more  firearms,  is guilty of a class D felony. Any person who
    31  transports or ships as merchandise any firearm, other  than  an  assault
    32  weapon  or  50  caliber  weapon, switchblade knife, gravity knife, pilum
    33  ballistic knife, billy, blackjack,  bludgeon,  plastic  knuckles,  metal
    34  knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a
    35  class A misdemeanor.
    36    3.  Any  person  who  disposes  of any machine-gun, assault weapon, 50
    37  caliber weapon, large capacity  ammunition  feeding  device  or  firearm
    38  silencer  is  guilty of a class D felony. Any person who knowingly buys,
    39  receives, disposes of, or conceals a  machine-gun,  50  caliber  weapon,
    40  firearm,  large  capacity  ammunition  feeding  device, rifle or shotgun
    41  which has been defaced for the purpose of concealment or  prevention  of
    42  the  detection  of  a  crime  or  misrepresenting  the  identity of such
    43  machine-gun, 50 caliber weapon, firearm, large capacity ammunition feed-
    44  ing device, rifle or shotgun is guilty of a class D felony.
    45    6. Any person who wilfully defaces any machine-gun, 50 caliber weapon,
    46  large capacity ammunition feeding device or firearm is guilty of a class
    47  D felony.
    48    § 8. Paragraph 8 of subdivision a of section 265.20 of the penal  law,
    49  as  amended  by  chapter  61  of the laws of 2010, is amended to read as
    50  follows:
    51    8. The manufacturer of machine-guns, firearm silencers, assault  weap-
    52  ons,  large  capacity  ammunition  feeding  devices, 50 caliber weapons,
    53  disguised guns, pilum ballistic knives, switchblade or  gravity  knives,
    54  billies  or  blackjacks  as merchandise, or as a transferee recipient of
    55  the same for repair, lawful distribution or  research  and  development,
    56  and  the disposal and shipment thereof direct to a regularly constituted

        S. 2050--A                          5
     1  or appointed state or municipal police department, sheriff, policeman or
     2  other peace officer, or to  a  state  prison,  penitentiary,  workhouse,
     3  county  jail or other institution for the detention of persons convicted
     4  or  accused  of  crime or held as witnesses in criminal cases, or to the
     5  military service of this state or of  the  United  States;  or  for  the
     6  repair  and  return  of the same to the lawful possessor or for research
     7  and development.
     8    § 9. Section 265.20 of the penal law is amended by adding a new subdi-
     9  vision f to read as follows:
    10    f. The terms "pistol," "revolver," "rifle," and "shotgun" as  used  in
    11  paragraphs  three  through five, seven through seven-b, twelve, thirteen
    12  and thirteen-a of subdivision a of this section shall not include  a  50
    13  caliber weapon as defined in subdivision twenty-six of section 265.00 of
    14  this article.
    15    § 10. The executive law is amended by adding a new section 233 to read
    16  as follows:
    17    §  233.  Compliance  with the ban on the sale, possession or use of 50
    18  caliber weapons.   1. From within  amounts  appropriated  therefor,  the
    19  division  of  state  police  shall  take  such action as is necessary to
    20  implement a program whereby persons, including dealers of  firearms,  in
    21  lawful  possession  of  50  caliber  weapons  may  bring themselves into
    22  compliance with the provisions of the penal law  which  bans  the  sale,
    23  possession or use of such weapons.
    24    2.  Within  thirty  days  of  the  effective date of this section, any
    25  licensed firearm dealer who has in his or her possession a new 50  cali-
    26  ber weapon shall be entitled to return such weapon to the distributor or
    27  manufacturer,  and  shall be entitled to a full refund, or credit, in an
    28  amount equal to the purchase price of such weapon. In any case  where  a
    29  distributor or manufacturer fails or refuses to so refund or credit such
    30  dealer,  the  dealer  shall  notify the division of state police, and it
    31  shall immediately notify the attorney general so  that  he  or  she  may
    32  intercede  and  take such actions on behalf of the dealer to secure such
    33  refund or credit.
    34    3. Within thirty days of the  effective  date  of  this  section,  any
    35  person, including a licensed firearm dealer, who has in his or her legal
    36  possession a used 50 caliber weapon shall personally deliver such weapon
    37  to  the  division  of  state police, and upon transferring ownership and
    38  possession to a duly designated officer thereof, shall  be  entitled  to
    39  receive  payment  in  an  amount  equal to the fair market value of such
    40  weapon, but not to exceed eight thousand five hundred dollars.
    41    4. The division of state police shall take such  action,  including  a
    42  public  campaign using the print media, television, radio or other means
    43  to notify persons of the existence of the program  established  in  this
    44  section.
    45    §  11. This act shall take effect immediately; provided, however, that
    46  sections one through nine of this act shall take effect on the thirtieth
    47  day after this act shall have become a law.