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Old January 21, 2013, 08:35 AM   #1
Dr Killdeer
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Join Date: August 22, 2009
Location: Newburgh, NY
Posts: 107
NY Assault Weapon Defined

S1422-2013 Actions
Jan 9, 2013: REFERRED TO CODES
S1422-2013 Text

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND *ASSEMBLY, DO ENACT AS FOLLOWS:

Section *1. *Subdivision *22 *of *section *265.00 *of the penal law is*REPEALED and a new subdivision 22 is added to read as follows:


22. "ASSAULT WEAPON" MEANS ANY:


(A) SEMI-AUTOMATIC OR PUMP-ACTION *RIFLE *THAT *HAS *THE *CAPACITY *TO

ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:


(I) A PISTOL GRIP;

(II) *A *SECOND *HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE

NON-TRIGGER HAND;

(III) A FOLDING OR TELESCOPING STOCK;

(IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR *COMPLETELY

ENCIRCLES *THE *BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE

NON-TRIGGER HAND WITHOUT *BEING *BURNED, *BUT *EXCLUDING *A *SLIDE *THAT

ENCLOSES THE BARREL; OR

(V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;

(B) *SEMI-AUTOMATIC *PISTOL, *OR *ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE

WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO *ACCEPT *MORE *THAN *TEN

ROUNDS OF AMMUNITION;

(C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE

MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:

(I) *A *SECOND *HANDGRIP *OR A PROTRUDING GRIP THAT CAN BE HELD BY THE*NON-TRIGGER HAND;

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05841-02-3

** * * S. 1422 * * * * * * * * * * * * * * 2

(II) A FOLDING OR TELESCOPING STOCK;

(III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
ENCIRCLES *THE *BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
NON-TRIGGER HAND WITHOUT *BEING *BURNED, *BUT *EXCLUDING *A *SLIDE *THAT
ENCLOSES THE BARREL;

(IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR

(V) *THE *CAPACITY *TO *ACCEPT *A *DETACHABLE MAGAZINE AT ANY LOCATION
OUTSIDE OF THE PISTOL GRIP;

(D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:

(I) A PISTOL GRIP OR A VERTICAL HANDGRIP;

(II) A FOLDING OR TELESCOPING STOCK;

(III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR

(IV) *AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;

(E) SHOTGUN WITH A REVOLVING CYLINDER;

(F) GRENADE LAUNCHER;

(G) CONVERSION KIT, PART, OR *COMBINATION *OR *PARTS, *FROM *WHICH *AN*ASSAULT *WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR*UNDER THE CONTROL OF THE SAME PERSON; OR

(H) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, *DETERMINED *BY
RULES *AND *REGULATIONS *OF *THE *SUPERINTENDENT *OF *STATE POLICE TO BE PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. *

OR *SEMIAUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL AND MANUFACTURER'S NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTENDENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY SUITABLE *FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAPONS,
AS DETERMINED BY THE SUPERINTENDENT *OF *STATE *POLICE, *SHALL *BE *MADE AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC.

PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS BEEN RENDERED PERMANENTLY INOPERABLE.
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