S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4175
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 12, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to the  possession  of  armor
         piercing, frangible or devastator ammunition
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 18 of section 265.00 of the penal law, as added
    2  by chapter 646 of the laws of 1986, is amended to read as follows:
    3    18. "Armor piercing ammunition" means any ammunition [capable of being
    4  used in pistols or revolvers]  containing  a  projectile  or  projectile
    5  core[,  or  a  projectile or projectile core for use in such ammunition,
    6  that is] constructed entirely (excluding the presence of traces of other
    7  substances) from one or a combination of any of the following:  tungsten
    8  alloys,  steel,  iron,  brass,  bronze,  beryllium copper, [or] uranium,
    9  CERAMICS, OR POLYMER PLASTICS AND CAPABLE OF BEING USED IN  PISTOLS  AND
   10  REVOLVERS.
   11    S  2.  Section  265.00  of  the penal law is amended by adding two new
   12  subdivisions 25 and 26 to read as follows:
   13    25. "FRANGIBLE AMMUNITION" MEANS ANY AMMUNITION WITH A  PROJECTILE  OR
   14  PROJECTILE CORE COMPOSED OF HYBRID MATERIALS, EITHER PRESSED TOGETHER AT
   15  HIGH  PRESSURE  OR  GLUED  TOGETHER  WITH ADHESIVES, WHICH IS CAPABLE OF
   16  BEING USED IN PISTOLS OR REVOLVERS AND IS DESIGNED TO FRACTURE OR DISIN-
   17  TEGRATE UPON IMPACT.
   18    26. "DEVASTATOR AMMUNITION" MEANS ANY AMMUNITION WITH A PROJECTILE  OR
   19  PROJECTILE  CORE  WHICH IS CAPABLE OF BEING USED IN PISTOLS OR REVOLVERS
   20  AND DESIGNED TO EXPLODE OR DETONATE UPON IMPACT.
   21    S 3. Subdivisions 7 and 8 of section 265.01 of the penal law, subdivi-
   22  sion 7 as added by chapter 807 of the laws of 1981 and subdivision 8  as
   23  added  by  chapter  646  of  the  laws  of  1986, are amended to read as
   24  follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07381-02-3
       S. 4175                             2
    1    (7)  He  [knowingly]  possesses  [a  bullet  containing  an  explosive
    2  substance designed to detonate upon impact] ANY DEVASTATOR AMMUNITION.
    3    (8) He possesses any armor piercing ammunition OR FRANGIBLE AMMUNITION
    4  with intent to use the same unlawfully against another.
    5    S  4.  Subdivisions  7  and  8  of section 265.01 of the penal law, as
    6  amended by chapter 1 of the  laws  of  2013,  are  amended  to  read  as
    7  follows:
    8    (7)  He  [knowingly]  possesses  [a  bullet  containing  an  explosive
    9  substance designed to detonate upon impact] ANY DEVASTATOR AMMUNITION.
   10    (8) He possesses any armor piercing ammunition OR FRANGIBLE AMMUNITION
   11  with intent to use the same unlawfully against another.
   12    S 5. Subdivision 8 of section 265.02 of the penal law, as  amended  by
   13  chapter  764  of the laws of 2005, is amended and two new subdivisions 9
   14  and 10 are added to read as follows:
   15    (8)  Such  person  possesses  a  large  capacity  ammunition   feeding
   16  device[.]; OR
   17    (9) SUCH PERSON KNOWINGLY POSSESSES ANY DEVASTATOR AMMUNITION WITH THE
   18  INTENT  TO  USE THE SAME UNLAWFULLY AGAINST ANOTHER PERSON OR HIS OR HER
   19  PROPERTY; OR
   20    (10) SUCH PERSON KNOWINGLY POSSESSES ANY ARMOR PIERCING AMMUNITION  OR
   21  FRANGIBLE  AMMUNITION  WITH  INTENT  TO  USE THE SAME UNLAWFULLY AGAINST
   22  ANOTHER.
   23    S 6. Subdivision 10 of section 265.02 of the penal law,  as  added  by
   24  chapter  1  of  the laws of 2013, is amended and two new subdivisions 11
   25  and 12 are added to read as follows:
   26    (10) Such person possesses an unloaded firearm and  also  commits  any
   27  violent felony offense as defined in subdivision one of section 70.02 of
   28  this chapter as part of the same criminal transaction[.] : OR
   29    (11)  SUCH  PERSON  KNOWINGLY POSSESSES ANY DEVASTATOR AMMUNITION WITH
   30  THE INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER PERSON OR  HIS  OR
   31  HER PROPERTY; OR
   32    (12)  SUCH PERSON KNOWINGLY POSSESSES ANY ARMOR PIERCING AMMUNITION OR
   33  FRANGIBLE AMMUNITION WITH INTENT TO  USE  THE  SAME  UNLAWFULLY  AGAINST
   34  ANOTHER.
   35    S 7. This act shall take effect on the first of November next succeed-
   36  ing  the  date  on  which it shall have become a law; provided, however,
   37  that if sections 40 and 41-b of chapter 1 of the laws of 2013 are not in
   38  effect on such date then sections three and five  of  this  act  are  in
   39  effect  only until sections 40 and 41-b of chapter 1 of the laws of 2013
   40  take effect when upon such date sections four and six of this act  shall
   41  take effect.