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.
DEALER
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.
HANDGUN
A firearm originally designed to be fired by the use of a
single hand.
PERSON
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 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.