In NYS AN ASSUALT WEAPON IS
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.
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