STATE OF NEW YORK
________________________________________________________________________
2093
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the definition of an
assault weapon
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraphs (a), (b) and (c) of subdivision 22 of section
2 265.00 of the penal law, as added by chapter 1 of the laws of 2013, are
3 amended to read as follows:
4 (a) a semiautomatic rifle that has an ability to accept a detachable
5 magazine, has a pistol grip that protrudes conspicuously beneath the
6 action of the weapon, and has at least one of the following character-
7 istics:
8 (i) a folding or telescoping stock;
9 (ii) [a pistol grip that protrudes conspicuously beneath the action of
10 the weapon;
11 (iii)] a thumbhole stock;
12 [(iv)] (iii) a second handgrip or a protruding grip that can be held
13 by the non-trigger hand;
14 [(v)] (iv) a bayonet mount;
15 [(vi)] (v) a flash suppressor[, muzzle break, muzzle compensator,] or
16 threaded barrel designed to accommodate a flash suppressor[, muzzle
17 break, or muzzle compensator];
18 [(vii)] (vi) a grenade launcher; or
19 (b) a semiautomatic shotgun that has at least one of the following
20 characteristics:
21 (i) a folding or telescoping stock;
22 (ii) [a thumbhole stock;
23 (iii)] a second handgrip or a protruding grip that can be held by the
24 non-trigger hand;
25 [(iv)] (iii) a fixed magazine capacity in excess of seven rounds;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01319-01-1
A. 2093 2
1 [(v)] (iv) an ability to accept a detachable magazine; or
2 (c) a semiautomatic pistol that has an ability to accept a detachable
3 magazine and has at least one of the following characteristics:
4 (i) a folding or telescoping stock;
5 (ii) a thumbhole stock;
6 (iii) a second handgrip or a protruding grip that can be held by the
7 non-trigger hand;
8 (iv) capacity to accept an ammunition magazine that attaches to the
9 pistol outside of the pistol grip;
10 (v) a threaded barrel capable of accepting a barrel extender, flash
11 suppressor, forward handgrip, or silencer;
12 (vi) [a shroud that is attached to, or partially or completely encir-
13 cles, the barrel and that permits the shooter to hold the firearm with
14 the non-trigger hand without being burned;
15 (vii)] a manufactured weight of fifty ounces or more when the pistol
16 is unloaded; or
17 [(viii)] (vii) a semiautomatic version of an automatic rifle, shotgun
18 or firearm;
19 § 2. This act shall take effect immediately.