[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.]
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:
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.
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.
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.
A.Â
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.
B.Â
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.
