STATE OF NEW YORK
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4761
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
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Introduced by M. of A. WALLACE -- read once and referred to the Commit-
tee 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05302-01-9
A. 4761 2
1 ing devices may be transferred provided that such transfer shall be
2 subject to the provisions of section 400.03 of this chapter including
3 the check required to be conducted pursuant to such section.
4 § 2. Subdivision 8 of section 265.02 of the penal law, as amended by
5 chapter 1 of the laws of 2013, is amended to read as follows:
6 (8) Such person possesses a large capacity ammunition feeding device[.
7 For purposes of this subdivision, a large capacity ammunition feeding
8 device shall not include an ammunition feeding device lawfully possessed
9 by such person before the effective date of the chapter of the laws of
10 two thousand thirteen which amended this subdivision, that has a capaci-
11 ty of, or that can be readily restored or converted to accept more than
12 seven but less than eleven rounds of ammunition, or that was manufac-
13 tured before September thirteenth, nineteen hundred ninety-four, that
14 has a capacity of, or that can be readily restored or converted to
15 accept, more than ten rounds of ammunition]; or
16 § 3. Section 265.37 of the penal law is REPEALED.
17 § 4. This act shall take effect immediately.