[Adopted 5-15-1989]
The Common Council of the City of Albany finds
and declares that the proliferation and use of assault weapons pose
and present a threat to the health, safety, welfare and security to
the citizens of Albany.
As used herein, "assault weapon" generally means
a firearm of such a nature and with such a high rate of fire and/or
capacity for firepower that its function as a legitimate sports or
recreational firearm is substantially outweighed by the danger that
it can be used to kill and injure human beings. While it is the intent,
then, of this legislation to restrict the use and possession of assault
weapons, it is not the intent of the Common Council to place restrictions
on the use of those firearms which are primarily designed and intended
for hunting, target practice or other legitimate sports or recreational
activities.
A.
As used herein, "assault weapon" includes any of the
following or their copies:
(1)
Pistols:
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Bushmaster Firearms Company auto pistol
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Calico Model 100-P auto pistol
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Federal Engineering Corporation XP 450, XP 900
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Holmes Firearms MP-83, MP-22 assault pistols
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Intratec Tec-9 Auto, Tec-9M, Scorpion auto pistols
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Israeli Military Industries UZI pistol
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Iver Johnson Enforcer Model 300 auto
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Ingram or S.W.D. MAC 10, MAC 11
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Spectre double-action auto pistol
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Ruger Mini 14
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(2)
Rifles and shotguns by manufacturers in the United
States:
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Auto-Ordinance Corporation Thompson M1, Mix,
27 A-1
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Thompson A-1 Thompson Deluxe, 1927 A5
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Colt AR-15A2-Delta H-Bar, AR-15A2 H-Bar
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Federal Engineering Corporation XC-900, XC-450
auto carbines
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Springfield Armory Inc. BM-59, SAR-48
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S.W.D. Street Sweeper shotgun
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Weaver Arms Corporation nighthawk
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(3)
Rifles and shotguns by manufacturers outside the United
States:
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Avtomat Kalashnikovs manufactured or imported
by American Arms, Bushmaster Firearms, Daewoo, Mitchell, Norinco and
Poly Technologies
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Beretta AR-70 Sporter rifle
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Fabrique National FN, FNC rifle
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Franchi LAW 12 auto, SPAS 12 pump/auto shotguns
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Heckler and Koch HK 91, 93, 94 rifles
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Israeli Military Industries Galil Rifles, UZI
carbines
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Steyr Daimler-Pusch A.U.G. autoloading rifle
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Striker 12 shotgun
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Valmet M-76 standard rifle, M78 semi-auto
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(4)
Any other weapon to be subsequently designated by
law.
B.
A copy of any of the weapons listed in Subsection A(1), (2) and (3) of this section shall include any other model by the same manufacturer with the same action design having slight modifications or enhancements, provided that such weapon as modified or enhanced employs only ammunition of more than .22 caliber rimfire; any weapon with an action design identical or nearly identical to any of the listed weapons which has been designed from, renamed, renumbered or patterned after any of the listed weapons regardless of the manufacturer or country of origin, provided that such weapon employs only ammunition of more than .22 caliber rimfire; or any weapon which has been manufactured and sold by another company under a licensing agreement to manufacture or sell a weapon identical or nearly identical to any of the listed weapons regardless of the company or production or country of origin, provided that such weapon employs only ammunition of more than .22 caliber rimfire.
C.
"Assault weapon" does not include weapons that do
not use cartridges, manually operated bolt-action weapons, lever-action
weapons, slide-action weapons, single-shot weapons, multiple-barrel
weapons, revolving-cylinder weapons except shotguns, semiautomatic
weapons that use exclusively a rotary Mannlicher-style magazine, any
antique firearm as defined in Article 265 of the Penal Law or any
assault weapon which has been modified either to render it permanently
inoperable or permanently make it a device no longer defined as an
assault weapon.
A.
Any person, firm or corporation who or which shall,
on or after the effective date of this article, manufacture, import,
keep, offer or expose for sale, give, lend or possess any assault
weapon in the City of Albany, except as provided for herein, shall
be guilty of a misdemeanor and, upon conviction, shall be subject
to a fine not exceeding one thousand dollars ($1,000.) and/or to imprisonment
not exceeding one (1) year.
B.
Any individual who lawfully acquired and possessed an assault weapon, as defined herein, prior to the effective date of this article shall register the firearm with the Chief of the Albany Police Department pursuant to the provisions of § 193-17 herein. The registration shall be made within ninety (90) days of the effective date hereof and shall contain a description of the firearm that identifies it uniquely, including all identification marks and the full name, address, date of birth and fingerprints of the owner, together with such other information as the Chief of Police may deem appropriate. Any change of address of the owner must be registered with the Department within ninety (90) days of the change. The Department may charge a fee for registration not to exceed the actual processing costs of the Department. Such registration shall allow the possession of the firearm on the registrant's property or for the uses specified in § 193-17.
C.
On and after the date fixed herein for the registration of assault weapons, no such weapon possessed pursuant hereto shall be sold or transferred to anyone within the City of Albany other than at a licensed gun dealer as defined in the Penal Law. Any individual who obtains title to an assault weapon registered under this section by bequest or intestate succession must, within ninety (90) days, either render the weapon inoperable in accordance with § 193-15, apply for a license pursuant to § 193-17 herein, sell the weapon to a licensed gun dealer or remove the weapon from the City.
A.
A license for an assault weapon may be issued as provided in Subsection B to possess such weapon for the purpose of loading and firing the same while participating as a competitor in organized competitive matches or league competition under the auspices of or approval by a law enforcement agency or a nationally or state recognized organization that fosters proficiency in or promotes education about firearms or to possess such weapon for the purpose of loading and firing the same at a range located on premises owned and occupied by such agency or organization. Such license shall not permit use for any other purpose and shall not be transferable.
B.
Application for such license as hereinbefore specified
shall be made to the Chief of the Albany Police Department on forms
prescribed by him for that purpose. Every person so licensed shall
have such license on his or her person when engaged in such activity
and while transporting such weapon to or from such competition or
range.
C.
All such weapons shall be transported in a case, together
with a copy of the match program, match schedule or match registration.
Where such person is transporting such weapon to or from a range,
it shall be transported in a case. Magazines and ammunition for such
weapon shall be carried and transported in a locked container separate
from the weapon.
D.
A licensed gun dealer, as defined in the Penal Law of the State of New York, who lawfully possessed an assault weapon prior to the effective date of this legislation or who gains possession thereof pursuant to this legislation may transport the weapon between dealers or out of the City, display it at any gun show licensed by a state or local governmental entity or sell it to a person licensed under this section. Any transporting allowed herein shall be accomplished as required in Subsection C.
The provisions of this article shall not apply
to the sale to, purchase by or the use or possession of firearms by
the Police Department, Sheriff's office, Marshal's office, corrections
officers and the like or the military forces of this state while engaged
in the discharge of their official duties or as otherwise permitted
by regulation or law.
If any provisions of this article or the application
thereof to any person or circumstance is held unenforceable or invalid,
in whole or in part, by any court of competent jurisdiction, such
holding of unenforceability or invalidity shall in no way affect or
impair any other provision of this article or the application of any
such provision to any other person or circumstance.
This article shall take effect immediately upon
final passage, publication and signing as required by law.
