NEW AW Ban

New Assault Weapons ban, semi-autos and pumps with detachable mag and one feature.  The current AW Ban has a detachable Mag and two features plus other stuff.  (too soon to figure it all out.)  Allows some type of registration of AWs

S 37. Subdivision 22 of section 265.00 of the penal law, as  added  by
 chapter 189 of the laws of 2000, is amended to read as follows:
 22.  "Assault  weapon"  means  [(a)  a semiautomatic rifle that has an
 ability to accept a detachable magazine and has  at  least  two  of  the
 following characteristics:
 (i) a folding or telescoping stock;
 (ii)  a pistol grip that protrudes conspicuously beneath the action of
 the weapon;
 (iii) a bayonet mount;
 (iv) a flash suppressor or threaded barrel designed to  accommodate  a
 flash suppressor;
 (v) a grenade launcher; or
 (b)  a  semiautomatic  shotgun  that has at least two of the following
 characteristics:
 (i) a folding or telescoping stock;
 (ii) a pistol grip that protrudes conspicuously beneath the action  of
 the weapon;
 (iii) a fixed magazine capacity in excess of five rounds;
 (iv) an ability to accept a detachable magazine; or
 (c)  a semiautomatic pistol that has an ability to accept a detachable
 magazine and has at least two of the following characteristics:
        S. 2230                            18                            A. 2388
 (i) an ammunition magazine that attaches to the pistol outside of  the
 pistol grip;
 (ii)  a  threaded barrel capable of accepting a barrel extender, flash
 suppressor, forward handgrip, or silencer;
 (iii) a shroud that is attached to, or partially or completely  encir-
 cles,  the  barrel and that permits the shooter to hold the firearm with
 the nontrigger hand without being burned;
 (iv) a manufactured weight of fifty ounces or more when the pistol  is
 unloaded;
 (v) a semiautomatic version of an automatic rifle, shotgun or firearm;
 or
 (d)  any  of  the  weapons, or functioning frames or receivers of such
 weapons, or copies or duplicates of such weapons, in any caliber,  known
 as:
 (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
 models);
 (ii) Action Arms Israeli Military Industries UZI and Galil;
 (iii) Beretta Ar70 (SC-70);
 (iv) Colt AR-15;
 (v) Fabrique National FN/FAL, FN/LAR, and FNC;
 (vi) SWD M-10, M-11, M-11/9, and M-12;
 (vii) Steyr AUG;
 (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
 (ix)  revolving  cylinder shotguns, such as (or similar to) the Street
 Sweeper and Striker 12;
 (e) provided, however, that such term does not include: (i) any rifle,
 shotgun or pistol that (A) is manually operated by bolt, pump, lever  or
 slide action; (B) has been rendered permanently inoperable; or (C) is an
 antique firearm as defined in 18 U.S.C. 921(a)(16);
 (ii)  a  semiautomatic  rifle that cannot accept a detachable magazine
 that holds more than five rounds of ammunition;
 (iii) a semiautomatic shotgun that cannot hold more than  five  rounds
 of ammunition in a fixed or detachable magazine;
 (iv)  a rifle, shotgun or pistol, or a replica or a duplicate thereof,
 specified in Appendix A to section 922 of 18 U.S.C. as such  weapon  was
 manufactured  on  October first, nineteen hundred ninety-three. The mere
 fact that a weapon is not listed in Appendix A shall not be construed to
 mean that such weapon is an assault weapon; or
 (v) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic
 pistol  or  any of the weapons defined in paragraph (d) of this subdivi-
 sion lawfully possessed prior to September fourteenth, nineteen  hundred
 ninety-four.]
 (A)  A  SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
 MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
 (I) A FOLDING OR TELESCOPING STOCK;
 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION  OF
 THE WEAPON;
 (III) A THUMBHOLE STOCK;
 (IV)  A  SECOND  HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
 NON-TRIGGER HAND;
 (V) A BAYONET MOUNT;
 (VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
 BARREL DESIGNED TO ACCOMMODATE A  FLASH  SUPPRESSOR,  MUZZLE  BREAK,  OR
 MUZZLE COMPENSATOR;
 (VII) A GRENADE LAUNCHER; OR
        S. 2230                            19                            A. 2388
 (B)  A  SEMIAUTOMATIC  SHOTGUN  THAT HAS AT LEAST ONE OF THE FOLLOWING
 CHARACTERISTICS:
 (I) A FOLDING OR TELESCOPING STOCK;
 (II) A THUMBHOLE STOCK;
 (III)  A  SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
 NON-TRIGGER HAND;
 (IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;
 (V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
 (C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHABLE
 MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
 (I) A FOLDING OR TELESCOPING STOCK;
 (II) A THUMBHOLE STOCK;
 (III)  A  SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
 NON-TRIGGER HAND;
 (IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT  ATTACHES  TO  THE
 PISTOL OUTSIDE OF THE PISTOL GRIP;
 (V)  A  THREADED  BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
 (VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR  COMPLETELY  ENCIR
 CLES,  THE  BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
 THE NON-TRIGGER HAND WITHOUT BEING BURNED;
 (VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
 UNLOADED; OR
 (VIII) A SEMIAUTOMATIC VERSION  OF  AN  AUTOMATIC  RIFLE,  SHOTGUN  OR
 FIREARM;
 (D) A REVOLVING CYLINDER SHOTGUN;
 (E)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
 PISTOL OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF  SUBDI
 VISION  TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER AS ADDED BY CHAPTER
 ONE HUNDRED EIGHTY-NINE OF  THE  LAWS  OF  TWO  THOUSAND  AND  OTHERWISE
 LAWFULLY  POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSAND
 PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;
 (F) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A  SEMIAUTOMATIC
 PISTOL  OR  WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVI
 SION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF  THE  CHAPTER  OF  THE
 LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;
 (G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
 (I)  ANY  RIFLE,  SHOTGUN  OR  PISTOL THAT (A) IS MANUALLY OPERATED BY
 BOLT, PUMP, LEVER OR SLIDE ACTION; (B)  HAS  BEEN  RENDERED  PERMANENTLY
 INOPERABLE;  OR  (C)  IS  AN  ANTIQUE  FIREARM  AS  DEFINED IN 18 U.S.C.
 921(A)(16);
 (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT  A  DETACHABLE  MAGAZINE
 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
 (III)  A  SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
 OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR
 (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE  THEREOF,
 SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTURED
 ON  OCTOBER  FIRST,  NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT A
 WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO  MEAN  THAT
 SUCH WEAPON IS AN ASSAULT WEAPON;
 (V) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
 SECTION  400.00  OF  THIS  CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE
 PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION;
 (VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT  WAS  MANUFACTURED  AT  LEAST
 FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE
        S. 2230                            20                            A. 2388
 OF  THAT  IS  VALIDLY  REGISTERED  PURSUANT  TO SUBDIVISION SIXTEEN-A OF
 SECTION 400.00 OF THIS CHAPTER;
 (H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
 ANY  LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
 BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF  THE  LAWS  OF
 TWO  THOUSAND  THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,
 EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS  SUCH
 WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
 ANY  SUCH  TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUST
 BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN
 TY-TWO HOURS OF SUCH TRANSFER. AN  INDIVIDUAL  WHO  TRANSFERS  ANY  SUCH
 WEAPON  OR  LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEW
 YORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS  OF  THIS  PARAGRAPH
 SHALL  BE  GUILTY  OF  A  CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITY
 AMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS  MADE  ILLEGAL  BY
 THE  CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARA
 GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP
 TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.
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