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NYS SAW Laws
Semi-Automatic Assault Weapons & Hi-Cap Mags

New York State Penal Law
ARTICLE 265--FIREARMS AND OTHER DANGEROUS WEAPONS
Section 265.00 Definitions

 As used in this article and in article four hundred, the following terms shall mean and include:

 1. "Machine-gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun.

 2. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.

 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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8. "Gunsmith" means any person, firm, partnership, corporation or company who engages in the business of repairing, altering, assembling, manufacturing, cleaning, polishing, engraving or trueing, or who performs any mechanical operation on, any firearm, large capacity ammunition feeding device or machine-gun.
 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 semiautomatic 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 of 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) Baretta 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, 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 bolds more than five rounds of ammunition;
                (iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed of detachable magazine;
                (iv) a rifle, shotgun or pistol, of 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.
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Section 265.20 Exemptions
Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to: 1
  • 1. Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05 and 270.05 by the following:
          (a) Persons in the military service of the state of New York when duly authorized by regulations issued by the adjutant general to possess the same.
          (b) Police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.
          (c) Peace officers as defined by section 2.10 of the criminal procedure laws.
          (d) Persons in the military or other service of the United States, in pursuit of official duty or when   duly authorized by federal law, regulation or order to possess the same.
          (e) Persons employed in fulfilling defense contracts with the government of the United States or     agencies thereof when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract.
  • 3. Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter; provided, that such a license shall not preclude a conviction for the offense defined in subdivision three of section 265.01 of this article.
  • 9. The regular and ordinary transport of firearms as merchandise, provided that the person transporting such firearms, where he knows or has reasonable means of ascertaining what he is transporting, notifies in writing the police commissioner, police chief or other law enforcement officer performing such functions at the place of delivery, of the name and address of the consignee and the place of delivery, and withholds delivery to the consignee for such reasonable period of time designated in writing by such police commissioner, police chief or other law enforcement officer as such official may deem necessary for investigation as to whether the consignee may lawfully receive and possess such firearms.
  • 9-A a. Except as provided in subdivision b hereof, the regular and ordinary transport of pistols or revolvers by a manufacturer of firearms to whom a license as a dealer in firearms has been issued pursuant to section 400.00 of this chapter, or by an agent or employee of such manufacturer of firearms who is otherwise duly licensed to carry a pistol or revolver and who is duly authorized in writing by such manufacturer of firearms to transport pistols or revolvers on the date or dates specified, directly between places where the manufacturer of firearms regularly conducts business provided such pistols or revolvers are transported unloaded, in a locked opaque container.  For purposes of this subdivision, places where the manufacturer of firearms regularly conducts business includes, but is not limited to places where the manufacturer of firearms regularly or customarily conducts development or design of pistols or revolvers, or regularly or customarily conducts tests on pistols or revolvers, or regularly or customarily participates in the exposition of firearms to the public.
  • 10. Engaging in the business of gunsmith or dealer in firearms by a person to whom a valid license therefor has been issued pursuant to section 400.00.
  • 11. Possession of a firearm or large capacity ammunition feeding device by a police officer or sworn peace officer of another state while conducting official business within the state of New York.
  • 16. The terms “rifle,” “shotgun,” "pistol", "revolver", and “firearm” as used in paragraphs three, four, five, seven, seven-a, seven-b, nine, nine-a, ten, twelve, thirteen and thirteen-a of this subdivision shall not include a disguised gun or an assault weapon.
Note: Not withstanding federal law, there are NO provisions for retired police or peace officers to maintain possession of Semiautomatic Assault Weapons and/or High Capacity Ammunition Feeding Devices once they retire.
H.R. 218 does not provide exemption from prosecution for the possession of post-'94 Assault Weapons and Hi-Caps in violation of NYS Penal Law..
 
 

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