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 anability to accept a detachable magazine and has at least two of thefollowing characteristics:(i) a folding or telescoping stock;(ii) a pistol grip that protrudes conspicuously beneath the action ofthe weapon;(iii) a bayonet mount;(iv) a flash suppressor or threaded barrel designed to accommodate aflash suppressor;(v) a grenade launcher; or(b) a semiautomatic shotgun that has at least two of the followingcharacteristics:(i) a folding or telescoping stock;(ii) a pistol grip that protrudes conspicuously beneath the action ofthe 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 detachablemagazine 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 thepistol grip;(ii) a threaded barrel capable of accepting a barrel extender, flashsuppressor, 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 withthe nontrigger hand without being burned;(iv) a manufactured weight of fifty ounces or more when the pistol isunloaded;(v) a semiautomatic version of an automatic rifle, shotgun or firearm;or(d) any of the weapons, or functioning frames or receivers of suchweapons, or copies or duplicates of such weapons, in any caliber, knownas:(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (allmodels);(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 StreetSweeper 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 orslide action; (B) has been rendered permanently inoperable; or (C) is anantique firearm as defined in 18 U.S.C. 921(a)(16);(ii) a semiautomatic rifle that cannot accept a detachable magazinethat holds more than five rounds of ammunition;(iii) a semiautomatic shotgun that cannot hold more than five roundsof 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 wasmanufactured on October first, nineteen hundred ninety-three. The merefact that a weapon is not listed in Appendix A shall not be construed tomean that such weapon is an assault weapon; or(v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomaticpistol or any of the weapons defined in paragraph (d) of this subdivi-sion lawfully possessed prior to September fourteenth, nineteen hundredninety-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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