[HISTORY: Adopted by the Suffolk County Legislature 10-13-1982 by L.L. No. 22-1982 (Ch. 233 of the 1985 Code). Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES349a Uncod LL Pro
Firearms and weapons — See Ch. 467.
Pipe bomb materials — See Ch. 651.
Smoke bombs — See Ch. 751.
It is the intent of the Suffolk County Legislature to restrict the possession, disposition and use of certain handgun bullets that are designed primarily for the purpose of armor penetration so as to give law enforcement personnel a reasonable degree of protection from penetration of body armor. This chapter is not intended to restrict the availability of ammunition for personal defense, sporting or hunting purposes.
As used in this chapter, the following terms shall have the meanings indicated:
- BODY ARMOR
- Commercially available soft, bullet-resistant apparel with a penetration resistance equal to or greater than body armor classified as Threat Level Class II that complies with New York State Industrial Code Rule 55 or National Institute of Law Enforcement and Criminal Justice Standard 0101.01, dated May 1978.
- Any person engaged in the business of selling ammunition at wholesale or retail who is licensed under Chapter 44 of Title 18 of the United States Code.
- DISPOSE OF
- To dispose of, give, give away, loan, offer for sale, sell, transfer and otherwise dispose of, except to police or military units.
- A firearm originally designed to be fired by the use of a single hand.
- A natural person, firm, partnership, corporation or company.
- RESTRICTED HANDGUN BULLET
- A handgun projectile that is capable of penetrating armor, including body armor as defined herein, and is comprised of a projectile whose composition includes any components having a hardness of 70 or greater on the Rockwell B hardness scale, specifically the Czechoslovakian-manufactured nine-millimeter; and all KTW teflon-coated projectiles.
Any person who, with intent to injure or kill, or whoever, during and in relation to the commission of a crime of violence for which he may be prosecuted in court, including a felony which provides for an enhanced punishment if committed by the use of a dangerous weapon or device, uses or carries any handgun loaded with armor-piercing ammunition, as defined herein, shall, in addition to the punishment provided for the commission of such felony, be sentenced to a term of imprisonment of not less than six months.
No dealer shall dispose of any restricted handgun bullet or bullets in Suffolk County, except to police or military units.
Any person convicted of violating this chapter shall be deemed guilty of a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this chapter nor place him on probation, nor shall the term of imprisonment run concurrently with any other term of imprisonment, including that imposed for the felony in which the armor-piercing handgun ammunition was used or carried. No person sentenced under this section shall be eligible for parole.