NY Assault Weapon Defined

[Dr Killdeer]

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 *Subdivision *22 *of *section *265.00 *of the penal law is*REPEALED and a new subdivision 22 is added to read as follows: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

[JimDandy]

What's the difference between a barrel shroud and a fore end or other wooden stock that goes forward of the action, and "partially encircles the barrel" allowing the bearer to hold the weapon "without" getting burned?

[Glenn E. Meyer]

Shotgun with a revolving cylinder.

There goes the Judge, There goes the Judge - and the Governor and the Rossi rifle version.

It's a 410.

[JimDandy]

I guess New Yorkers wont get their $2000 tax credit.

[Iron Man]

I'm tempted to start an out of state weapons storage facility that is secure and climate contolled. It would allow them to remove their weapons from the control and confiscation by their anti-constitutional regime until the dust settles from the lawsuits.

[jason_iowa]

Boy when they put it that way it makes perfect sense. Right?? What a joke, who writes this crap and how do they take them selves seriously?

[Dead]

Better not point your firearm up/down otherwise you will have a "vertical grip", and thus it is banned...

[Glenn E. Meyer]

I asked in another thread, perhaps wrongly as it was revolvers - what about Browning Hipowers that are older than the antique limit?

[Dr Big Bird PhD]

I have NEVER understood how a muzzle brake or a barrel shroud did ANYTHING to make the firearm more effective.

[Alabama Shooter]

I have NEVER understood how a muzzle brake or a barrel shroud did ANYTHING to make the firearm more effective.

A muzzle breaks helps to counter recoil and limit muzzle rise by redirecting gases. This makes follow up shots easier and makes the weapon more easily controlled.

A barrel shroud keeps you from burning your hands. Wearing gloves does the same thing.

[JimDandy]

Well why is a barrel shroud more dangerous than a wooden rifle stock or fore end that partially encloses the barrel to prevent burning your hands? Almost EVERY freakin long gun has some form of partially encased barrel for a front hand hold.

[Alabama Shooter]

Well why is a barrel shroud more dangerous than a wooden rifle stock or fore end that partially encloses the barrel to prevent burning your hands? Almost EVERY freakin long gun has some form of partially encased barrel for a front hand hold.

Barrel shrouds are typically ventilated that results in the barrel being less likely to overheat under rapid fire. All else equal you could provide longer sustained fire with a weapon equipped with a barrel shroud over a weapon with an enclosed wooden fore end.

[Dr Killdeer]

I'm a retired cop in this commie state and the first thing that occurred to me is, there's no exception for law enforcement officers in the new laws.*

I wonder.... if I rigged up a BB gun with all of the forbidden accessories if it would be considered an assault weapon?

I talked with a friend who is a State Trooper and he said he has no idea how these new laws are supposed to be enforced, given the resources it would require.*

I guess they'll have to start letting the crack heads walk so they can focus on more important issues, like how many rounds a legal permit holder has in the magazine of his legally licensed handgun.

[Dr Big Bird PhD]

A muzzle breaks helps to counter recoil and limit muzzle rise by redirecting gases. This makes follow up shots easier and makes the weapon more easily controlled.

A barrel shroud keeps you from burning your hands. Wearing gloves does the same thing.

Thank you for telling me the obvious. I'm not stupid.

[JimDandy]

Before you get your shorts in a twist, you DID at least rhetorically ask, and rhetorical questions and sarcasm are difficult to convey in a text based communication system.

[Musketeer]

So a Commander frame 1911 with a carry comp is an assault weapon, correct?

[mrbatchelor]

Originally Posted by Dr Killdeer

I wonder.... if I rigged up a BB gun with all of the forbidden accessories if it would be considered an assault weapon?

Well it would certainly look scary, and that would frighten the children.

Remember. It's for the children.

[grizzly67]

Dr Killdeer

They better get exceptions for LEO entered quickly. Can you imagine streets
full of people yelling "Citizen's A-Ray-Est, Citizen's A-Ray-est" like Gomer yelled at Barney?

For those that don't get it.

http://www.youtube.com/watch?v=rwEvysDpNm0

[Big Blue Cats]

Exceptions? There should not be any exceptions. Why would they need any more bullets than the people they are persecuting I mean protecting?

[Cascade1911]

I agree Big Blue. If cops can't take down a criminal with seven rounds they shouldn't be a cop. Isn't that the argument?

[Dr Killdeer]

Wayne LaPierre, president of the NRA was on Hannity the other night and Hannity mentioned that there's a new video game out and Wayne is one of the characters that players can gun down in cold blood.

I guess that's acceptable to the liberals, but if the character was Cuomo or Obama, I'm sure the developers of the game would be in custody by now.

Ralative to the children being scared, I think they should be more afraid of what's happening with our elected representatives. Politicians, who are sworn to uphold the constitution, trying to deprive free people of their constitutional rights. That's the scariest conceivable threat to our entire nation, not to mention to future generations.

[Dr Killdeer]

As for the exceptions debate, I have to apologize for my oversight. I didn't realize that criminals are that concerned about gun laws. Maybe it's because I've never heard of a perp reducing his magazine capacity before he robs a liquer store, just so he won't get in trouble.*
Well, what do I know anyway!

[Come and take it.]

So I can have a flash hider, just not a flash hider that acts as a muzzle brake or compensator.

[Mr.Scott]

Flash hiders are acceptable since it would prevent you from blinding the children you didn't murder.

[Alabama Shooter]

So I can have a flash hider, just not a flash hider that acts as a muzzle brake or compensator.

The only way to make it fair is for it to jiggle you rifle in a random direction every time you fire a round.