STATE OF NEW YORK
        ________________________________________________________________________

                                          4198

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Codes

        AN  ACT to amend the penal law, in relation to the definition of 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) and (b) of subdivision 22 of section 265.00
     2  of the penal law, as added by chapter 1 of the laws of 2013, are amended
     3  to read as follows:
     4    (a) a semiautomatic rifle that has an ability to accept  a  detachable
     5  magazine and has at least one of the following characteristics:
     6    (i) a folding or telescoping stock;
     7    (ii)  a pistol grip that protrudes conspicuously beneath the action of
     8  the weapon;
     9    (iii) [a thumbhole stock;
    10    (iv)] a second handgrip or a protruding grip that can be held  by  the
    11  non-trigger hand;
    12    [(v)] (iv) a bayonet mount;
    13    [(vi)]  (v)  a  flash suppressor, muzzle break, muzzle compensator, or
    14  threaded barrel designed  to  accommodate  a  flash  suppressor,  muzzle
    15  break, or muzzle compensator;
    16    [(vii)] (vi) a grenade launcher; or
    17    (b)  a  semiautomatic  shotgun  that has at least one of the following
    18  characteristics:
    19    (i) a folding or telescoping stock;
    20    (ii) [a thumbhole stock;
    21    (iii)] a second handgrip or a protruding grip that can be held by  the
    22  non-trigger hand;
    23    [(iv)] (iii) a fixed magazine capacity in excess of seven rounds;
    24    [(v)] (iv) an ability to accept a detachable magazine; or
    25    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01361-01-1