STATE OF NEW YORK
        ________________________________________________________________________
                                          8913
                   IN ASSEMBLY
                                     January 8, 2018
                                       ___________
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Codes
        AN  ACT  to amend the penal law, in relation to defining and prohibiting
          an accessory to accelerate the firing rate of a semiautomatic weapon
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 265.00 of the penal law is amended by adding a new
     2  subdivision 26 to read as follows:
     3    26. "Accessory to accelerate the firing rate of a semiautomatic  weap-
     4  on"  means  any  instrument,  attachment, weapon or appliance causing or
     5  intended to cause the firing rate of a semiautomatic weapon to increase.
     6    § 2. Subdivision 2 of section 265.02 of the penal law, as  amended  by
     7  chapter 764 of the laws of 2005, is amended to read as follows:
     8    (2) Such person possesses any explosive or incendiary bomb, bombshell,
     9  firearm silencer, accessory to accelerate the firing rate of a semiauto-
    10  matic  weapon,  machine-gun  or any other firearm or weapon simulating a
    11  machine-gun and which is adaptable for such use; or
    12    § 3. Subdivisions 2 and 3 of section 265.10 of the penal law, subdivi-
    13  sion 2 as amended by chapter 257 of the laws of 2008 and  subdivision  3
    14  as  amended  by  chapter 189 of the laws of 2000, are amended to read as
    15  follows:
    16    2. Any person who transports or ships any machine-gun, firearm silenc-
    17  er, accessory to accelerate the firing rate of a  semiautomatic  weapon,
    18  assault  weapon or large capacity ammunition feeding device or disguised
    19  gun, or who transports or ships as merchandise five or more firearms, is
    20  guilty of a class D felony.  Any  person  who  transports  or  ships  as
    21  merchandise  any  firearm,  other  than  an  assault weapon, switchblade
    22  knife, gravity knife, pilum ballistic knife, billy, blackjack, bludgeon,
    23  plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag  or
    24  slungshot is guilty of a class A misdemeanor.
    25    3.  Any  person who disposes of any machine-gun, assault weapon, large
    26  capacity ammunition feeding device [or], firearm silencer  or  accessory
    27  to  accelerate  the firing rate of a semiautomatic weapon is guilty of a
    28  class D felony. Any person who knowingly buys, receives, disposes of, or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13586-01-7

        A. 8913                             2
     1  conceals a  machine-gun,  firearm,  large  capacity  ammunition  feeding
     2  device,  rifle  or  shotgun  which  has  been defaced for the purpose of
     3  concealment or prevention of the detection of a crime or misrepresenting
     4  the  identity  of  such  machine-gun, firearm, large capacity ammunition
     5  feeding device, rifle or shotgun is guilty of a class D felony.
     6    § 4. Subdivision 3 of section 265.15 of the penal law, as  amended  by
     7  chapter 257 of the laws of 2008, is amended to read as follows:
     8    3.  The presence in an automobile, other than a stolen one or a public
     9  omnibus, of any  firearm,  large  capacity  ammunition  feeding  device,
    10  defaced  firearm, defaced rifle or shotgun, defaced large capacity ammu-
    11  nition feeding device, firearm silencer,  accessory  to  accelerate  the
    12  firing  rate  of  a  semiautomatic weapon, explosive or incendiary bomb,
    13  bombshell, gravity knife,  switchblade  knife,  pilum  ballistic  knife,
    14  metal  knuckle  knife, dagger, dirk, stiletto, billy, blackjack, plastic
    15  knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is
    16  presumptive evidence of its possession by  all  persons  occupying  such
    17  automobile  at  the  time such weapon, instrument or appliance is found,
    18  except under the following circumstances: (a) if such weapon, instrument
    19  or appliance is found upon the person of one of the  occupants  therein;
    20  (b)  if  such  weapon, instrument or appliance is found in an automobile
    21  which is being operated for hire by a duly licensed driver in  the  due,
    22  lawful  and  proper  pursuit  of his or her trade, then such presumption
    23  shall not apply to the driver; or (c) if the weapon so found is a pistol
    24  or revolver and one of the occupants, not present under duress,  has  in
    25  his  or  her  possession a valid license to have and carry concealed the
    26  same.
    27    § 5. This act shall take effect on the ninetieth day  after  it  shall
    28  have become a law.