BILL NUMBER: S4277
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the penal law and the executive law, in relation to
banning 50 caliber weapons
 
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the sale, possession, or use of .50 caliber rifles-extremely
high powered weapons designed to kill humans and disable machinery or
vehicles at distances of well over a mile-which are too large and
unwieldy for effective home defense and too powerful and destructive for
hunting.
 
SUMMARY OF PROVISIONS:
Section 1: Presents legislative findings. The legislature hereby finds
and declares that 50-caliber or larger weapons having the capacity for
rapidly discharging ammunition have no acceptable purpose. The legisla-
ture additionally finds and declares that such weapons pose such an
imminent threat and danger to the safety and security of the people of
this state that it is necessary to ban the possession and use of such
weapons.
Section 2: This act shall be known and may be cited as the ".50 Caliber
Threat Reduction" Act.
Section 3: Amends section 265.00 of the Penal Law to add a new
subsection (26) defining 50-caliber weapons: Paragraph (a) provides that
50-caliber weapons include those which:
(i) fire a 50-caliber or larger bullet; or
(ii) are capable of firing a projectile that attains a muzzle energy of
12,000 foot-pounds or greater in any combination of bullet, propellant,
case, or primer, or;
(iii) any copy or duplicate of any such weapon that is capable of firing
a projectile that attains a muzzle energy of 12,000 foot-pounds or
greater regardless of caliber. Paragraph (b) provides an exemption for
any firearm that meets the definition of paragraph
(a) but was purchased before the date of enactment of the chapter of
this paragraph. Paragraph (c) provides an exemption from the definition
in paragraph (a) above for: (i) any weapon rendered permanently inopera-
ble;(ii) any firearm which meets the federal definition of an antique
found in 18 USC 921; (iii) any weapon validly registered pursuant to
subdivision eighteen of section 400.00 of this chapter. Such weapons
shall be subject to the provisions of paragraph (d) of this subdivision;
(iv) any firearm which meets the definition of a curio or relic,
i.e. manufactured more than 50 years ago; (v) any muzzle-loading rifle
or shotgun with a rifled bore.
Section 4: Creates new subdivisions 18 and 19 of section 400 of the
penal code to create a system for the registration of weapons defined in
paragraph (b) of subdivision 26 of section 265.00 of the penal code.
Subdivision 18 requires the owner of a weapon defined in paragraph (b)
of subdivision 26 of section 265.00 of the penal code, to undergo the
same registration processes set up by the SAFE Act for assault weapons
which were exempted (grandfathered) from the prohibition.
Within one year of the effective date, all weapons defined as 50-caliber
weapons which were purchased before this bill was signed into law must
be registered. All registered owners will be subject to a review of
disqualifiers by the State Police. Qualified retired New York or feder-
al law enforcement officers who purchased a 50-caliber weapon as part of
their official duties must register that weapon within 60 days of
retirement.
The state police will establish and maintain a website to educate the
public on what weapons are in fact prohibited. Any person who knowingly
fails to register such a weapon shall be guilty of a class A misdemea-
nor. Those who unknowingly fail to register will be issued a warning and
will have 30 days to come in to compliance with the law or the weapon
will be seized.
Any costs associated with technological upgrades required to electron-
ically transfer registration records by dealers or licensing agency
shall be borne by the state. Subdivision 19 provides that when one is
in violation of this section but holds an otherwise valid license they
will not be subject to prosecution for any violation of any provision of
section 265.00 of the penal code related to illegal possession and will
only be guilty of a class A misdemeanor.
Section 5: Creates a new subdivision (11) of section 265.02 of the penal
law to include possession of a 50-caliber weapon among the offenses that
constitute criminal possession of a weapon in the third degree.
Section 6: Amends subdivision 3 of section 265.00 of the penal code to
include 50 caliber-weapons in the definition of "firearm."
Section 7: Amends subdivisions 1, 2, 3, and 6 of section 265.10 of the
penal code to include 50 caliber-weapons alongside assault weapons and
machine guns in order to prohibit the manufacture, transport, improper
disposal, and willful defacement of such weapons.
Section 8: Amends paragraph 8 of subdivision (a) of section 265.20 of
the penal code to include 50 caliber-weapons alongside assault weapons
and machine guns, to exempt manufacturers' from prosecution when they
are producing, repairing or developing 50 caliber weapons for official
use by police officers, correctional officers, or the military.
Section 9: Creates a new subdivision (f) of section 265.20 of the penal
law which excludes 50 caliber weapons from the definitions of the terms
"pistol," "revolver," "rifle," and "shotgun" in paragraphs 3-5, 7-7b,
and 12-13a of subdivision (a) of section 265.20. Section 10: Amends the
executive law by adding a new section 233 to include a provision which
mandates that all licensed dealers in New York will be able to return
any unsold new 50-caliber weapons to the manufacturer for a full refund
within 30 days of the effective date of this section. In cases where the
manufacturer refuses or fails to provide a full refund, the dealer shall
immediately notify the attorney general so that he or she may intercede
on behalf of the dealer. Further, within 30 days of the effective date
any person may turn in a used .50 caliber weapon to the state police in
exchange for fair market value.
Section 11: Sets forth the effective date.
 
JUSTIFICATION:
50-caliber styled weapons are some of the most dangerous in the U.S.
military's arsenal and perhaps the most dangerous weapons legally avail-
able in the state of New York. These extremely high-powered rifles are
designed to kill human beings and disable machinery and materiel at
distances of well over a mile. Due to the large size of bullet used by
these rifles and the high velocity at which these bullets are fired, the
rifle can be extremely accurate at long range when handled by an experi-
enced shooter.
While the Second Amendment protects the right to keep and bear arms, the
Supreme Court has said that this right is "not unlimited." District of
Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). The court also recog-
nized the historical tradition of prohibiting "'dangerous and unusual'
weapons." Id. at 626-27. This legislation heeds the guidance of the
Supreme Court by increasing the safety of New Yorkers while observing
the protections of the Second Amendment. 50-caliber styled weapons are
readily available to civilians in gun stores and through the Internet,
leading to thousands of rifles having been sold throughout the country
in the last two decades. Some weapons are so dangerous that we simply
cannot afford to continue selling them in our state. It is exactly the
benefit of 50-caliber weapons to the military that make them such a
potentially dangerous weapon in the wrong hands. A weapon with the
capacity to kill a human at over a mile, pierce body and vehicle armor,
and destroy military and civilian infrastructure could cause consider-
able destruction and havoc.
Alarmingly, Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF) investigators have found that some of these weapons have ended up
in the hands of domestic and international terrorist organizations,
international drug traffickers, and violent criminals. Despite their
versatility in war, these rifles have limited lawful purposes. They
weigh between twenty and forty pounds and measure almost five feet in
length. They are too large and unwieldy for effective home defense and
too powerful and destructive for hunting.
This bill will require the registration of all 50-caliber weapons in the
state purchased before the effective date of the ban, will prohibit the
sale of new 50-caliber weapons, and will prohibit other transfers of
50-caliber weapons. This legislation is necessary to protect our citi-
zens and the law enforcement personnel who risk their lives to keep us
safe. Past attempts in other places to limit the sale of 50-caliber
weapons have been thwarted by gun manufacturers who have made slight
adjustments to the weapons in order to bring them into compliance with
the law. These modified weapons, however, are no less dangerous than
their predecessors. In order to address this problem, this bill seeks to
broaden the definition of 50-caliber weapons to include not only those
weapons which fire a round that is 50-caliber or higher, but also all
weapons which fire a round that generates 12,000 lbs of muzzle energy.
The bill therefore effectively balances the competing interests noted by
the Supreme Court in Heller by prohibiting new sales or transfers of
50-caliber rifles which are too high powered to be useful for any usual
lawful purposes, like home protection, self-defense, or hunting.
 
PRIOR LEGISLATIVE HISTORY:
2024:S2978(Kavanagh)-REFERRED TO CODES
2023:S2978(Kavanagh)-REFERRED TO CODES
2022:S2892(Kavanagh)-REFERRED TO CODES
2021:S2892(Kavanagh)-REFERRED TO CODES
2020:S2437(Kavanagh) -REFERRED TO CODES
2019:S2437(Kavanagh) -REFERRED TO CODES
2018:S7067(Kavanagh)-REFERRED TO CODES
2017:S3659(Squadron)-REFERRED TO CODES /S7067(Kavanagh)REFERRED TO CODES
2016:S2050A(Squadron)- REFERRED TO CODES
2015:S2050A(Squadron)- DEFEATED IN CODES
2014:S7609(Squadron)-REFERRED TO CODES /A3322A(Kavanagh)- referred to
codes
2013:A3322(Kavanagh) -referred to codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that sections
one through nine of this act shall take effect on the thirtieth day
after this act shall have become a law.

Statutes affected:
S4277: 265.00 penal law, 400.00 penal law, 265.02 penal law, 265.00(3) penal law, 265.20 penal law, 265.20(a) penal law