ASSAULT WEAPONS BAN: Effective November 1, 2000
Since 1994, federal law has restricted the possession of assault weapons and large capacity ammunition feeding devices. New York law, however, did not specifically address the possession and sale of military-style weapons or those with excessively large ammunition capacities. The provisions contained in Chapter 189 mirror the current provisions of federal law by defining and prohibiting activities related to a "semiautomatic assault weapon" and a "large capacity ammunition feeding device".
The term "assault weapon" includes a designated list of federally barred firearms, as well as semiautomatic rifles, shotguns or pistols that possess at least two specified characteristics, such as a folding or telescoping stock, a bayonet mount, a flash suppressor or a silencer. A specific list of weapons manufactured on or before October 1, 1993, which are set forth in federal law, are not banned. The term "large capacity ammunition feeding device" means a magazine or similar device manufactured after September 13, 1994 which has the capacity to accept more than ten rounds of ammunition, but does not include a tubular device which only accepts .22 caliber ammunition.
The Penal Law will now include the possession of an assault weapon and the possession of a large capacity ammunition feeding device within its definition of the class D violent felony of criminal possession of a weapon in the third degree. Thus, the law will now treat the illegal possession of an unloaded assault weapon as seriously as the possession of a loaded handgun. Moreover, because this law adds an "assault weapon" to the definition of a "firearm," the current penalties attaching to the criminal use of a firearm will also apply to the use of an assault weapon.
As written into the Penal Law:
Penal Law
ARTICLE 265
FIREARMS AND OTHER DANGEROUS WEAPONS
S 265.00 Definitions.
As used in this article and in article four hundred, the following terms shall mean and include:
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3. "Firearm" means
(a) any pistol or revolver; or
(b) a shotgun having one or more barrels less than eighteen inches in length; or
(c) a rifle having one or more barrels less than sixteen inches in length; or
(d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or
(e) an assault weapon. For the purpose of this subdivision the length of the barrel on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm.
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9. "Dealer in firearms" means any person, firm, partnership, corporation or company who engages in the business of purchasing, selling, keeping for sale, loaning, leasing, or in any manner disposing of, any assault weapon, large capacity ammunition feeding device, pistol or revolver.
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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:
(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 encircles, 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 subdivision lawfully possessed prior to September fourteenth, nineteen hundred ninety-four.
23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
