STATE OF NEW YORK
        ________________________________________________________________________
                                          6902
                               2017-2018 Regular Sessions
                    IN SENATE
                                     October 6, 2017
                                       ___________
        Introduced  by  Sens. HOYLMAN, BROOKS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13586-01-7

        S. 6902                             2
     1    3. Any person who disposes of any machine-gun, assault  weapon,  large
     2  capacity  ammunition  feeding device [or], firearm silencer or accessory
     3  to accelerate the firing rate of a semiautomatic weapon is guilty  of  a
     4  class D felony. Any person who knowingly buys, receives, disposes of, or
     5  conceals  a  machine-gun,  firearm,  large  capacity  ammunition feeding
     6  device, rifle or shotgun which has  been  defaced  for  the  purpose  of
     7  concealment or prevention of the detection of a crime or misrepresenting
     8  the  identity  of  such  machine-gun, firearm, large capacity ammunition
     9  feeding device, rifle or shotgun is guilty of a class D felony.
    10    § 4. Subdivision 3 of section 265.15 of the penal law, as  amended  by
    11  chapter 257 of the laws of 2008, is amended to read as follows:
    12    3.  The presence in an automobile, other than a stolen one or a public
    13  omnibus, of any  firearm,  large  capacity  ammunition  feeding  device,
    14  defaced  firearm, defaced rifle or shotgun, defaced large capacity ammu-
    15  nition feeding device, firearm silencer,  accessory  to  accelerate  the
    16  firing  rate  of  a  semiautomatic weapon, explosive or incendiary bomb,
    17  bombshell, gravity knife,  switchblade  knife,  pilum  ballistic  knife,
    18  metal  knuckle  knife, dagger, dirk, stiletto, billy, blackjack, plastic
    19  knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is
    20  presumptive evidence of its possession by  all  persons  occupying  such
    21  automobile  at  the  time such weapon, instrument or appliance is found,
    22  except under the following circumstances: (a) if such weapon, instrument
    23  or appliance is found upon the person of one of the  occupants  therein;
    24  (b)  if  such  weapon, instrument or appliance is found in an automobile
    25  which is being operated for hire by a duly licensed driver in  the  due,
    26  lawful  and  proper  pursuit  of his or her trade, then such presumption
    27  shall not apply to the driver; or (c) if the weapon so found is a pistol
    28  or revolver and one of the occupants, not present under duress,  has  in
    29  his  or  her  possession a valid license to have and carry concealed the
    30  same.
    31    § 5. This act shall take effect on the ninetieth day  after  it  shall
    32  have become a law.