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S02143 Summary:

BILL NOS02143A
 
SAME ASNo Same As
 
SPONSORHOYLMAN
 
COSPNSRPARKER, BAILEY, BIAGGI, BROOKS, CARLUCCI, GAUGHRAN, GOUNARDES, JACKSON, KAMINSKY, KENNEDY, KRUEGER, LIU, MONTGOMERY, MYRIE, PERSAUD, SERRANO, STAVISKY, THOMAS
 
MLTSPNSR
 
Amd 265.00, 265.02 & 265.10, add 265.07, 265.60, 265.61, 265.62, 265.63, 265.64 & 265.65, Pen L
 
Relates to the manufacture, assembly, possession, license and disposal of ghost guns, the establishment of the offense of unlawful dissemination of instructions for the assembly of a weapon and the sentencing for certain offenses regarding ghost guns; relates to the suspension and revocation of certain licenses or registrations; adds the offense of unlawful dissemination of instructions for the assembly of a weapon to the list of designated offenses for the purpose of obtaining eavesdropping and video surveillance warrants; and includes the offense of unlawful dissemination of instructions for the assembly of a weapon in the definition of violent or serious crime.
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S02143 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2143--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 22, 2019
                                       ___________
 
        Introduced by Sens. HOYLMAN, PARKER, BAILEY, BROOKS, CARLUCCI, GAUGHRAN,
          GOUNARDES,  KAMINSKY,  KENNEDY,  KRUEGER,  LIU,  MONTGOMERY,  PERSAUD,
          SERRANO, STAVISKY, THOMAS -- read twice and ordered printed, and  when
          printed  to  be  committed  to  the  Committee  on  Codes -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the penal law, in relation to the manufacture, assembly,
          possession, license and disposal of ghost guns and the sentencing  for
          certain offenses regarding ghost guns
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 8 of  section  265.00  of  the  penal  law,  as
     2  amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
     3  follows:
     4    8. "Gunsmith" means any  person,  firm,  partnership,  corporation  or
     5  company  who engages in the business of repairing, altering, assembling,
     6  manufacturing,  cleaning,  polishing,  engraving  or  trueing,  or   who
     7  performs  any mechanical operation on, any firearm, large capacity ammu-
     8  nition feeding device or machine-gun.    "Gunsmith"  shall  include  any
     9  person  who assembles, manufactures, fabricates, builds or fits together
    10  the component parts of a firearm, rifle or shotgun, regardless of wheth-
    11  er the firearm, rifle or shotgun is intended for personal  use,  commer-
    12  cial sale or for any other purpose.
    13    §  2.  Section  265.00  of  the penal law is amended by adding two new
    14  subdivisions 31 and 32 to read as follows:
    15    31. "Unfinished firearm frame or receiver" means a piece of any  mate-
    16  rial  that does not constitute the frame or receiver of a firearm, rifle
    17  or shotgun but that has been shaped or formed in any way for the purpose
    18  of becoming the frame or receiver of a firearm, rifle  or  shotgun,  and
    19  which  may  readily  be made into a functional frame or receiver through
    20  milling, drilling or other means. The term shall not include a piece  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07305-07-9

        S. 2143--A                          2
 
     1  material  that  has had its size or external shape altered to facilitate
     2  transportation or storage or has had its chemical composition altered.
     3    32. "Ghost gun" means a firearm, rifle or shotgun that does not comply
     4  with the provisions of section 265.07 of this article and is not serial-
     5  ized  in  accordance with the requirements imposed on licensed importers
     6  and licensed manufacturers pursuant to subsection (i) of Section 923  of
     7  Title 18 of the United States Code and regulations issued pursuant ther-
     8  eto,  except  for antique firearms as defined in subdivision fourteen of
     9  this section, or any firearm, rifle or  shotgun  manufactured  prior  to
    10  1968.
    11    §  3.  Subdivision  10 of section 265.02 of the penal law, as added by
    12  chapter 1 of the laws of 2013, is amended and a new  subdivision  11  is
    13  added to read as follows:
    14    (10)  Such  person  possesses an unloaded firearm and also commits any
    15  violent felony offense as defined in subdivision one of section 70.02 of
    16  this chapter as part of the same criminal transaction[.]; or
    17    (11) Such person is not a gunsmith duly licensed pursuant  to  section
    18  400.00  of  this  chapter  and  possesses an unfinished firearm frame or
    19  receiver or a ghost gun, provided that for a period of six months  after
    20  the  effective date of this subdivision, a person shall not be guilty of
    21  criminal possession of a weapon in the third  degree  when  such  person
    22  possesses  an unfinished firearm frame or receiver or a ghost gun during
    23  the process of providing such unfinished firearm frame  or  receiver  or
    24  ghost gun to a gunsmith duly licensed pursuant to section 400.00 of this
    25  chapter  for  the  purposes  of  having such unfinished firearm frame or
    26  receiver or ghost gun serialized  and  registered  pursuant  to  section
    27  265.07 of this chapter.
    28    §  4.  The penal law is amended by adding a new section 265.07 to read
    29  as follows:
    30  § 265.07 Registration and serialization of firearms,  rifles,  shotguns,
    31             and unfinished firearm frames or receivers by gunsmiths.
    32    (1)  A  gunsmith shall engrave, cast, stamp or otherwise conspicuously
    33  place both a unique serial number and his or  her  name  (or  recognized
    34  abbreviation) on any firearm, rifle, shotgun or unfinished firearm frame
    35  or receiver that he or she manufactures, assembles or causes to be manu-
    36  factured  or assembled after the effective date of this section, regard-
    37  less of the manner of manufacturing or assembly, in a manner that satis-
    38  fies or exceeds the  requirements  imposed  on  licensed  importers  and
    39  licensed  manufacturers  pursuant  to  subsection  (i) of Section 923 of
    40  Title 18 of the United States Code and regulations issued pursuant ther-
    41  eto.
    42    (2) A gunsmith shall register with the division of  state  police  any
    43  firearm,  rifle, shotgun or unfinished firearm frame or receiver that he
    44  or she manufactures, assembles or causes to be manufactured or assembled
    45  after the effective date of this section, regardless of  the  manner  of
    46  manufacturing  or  assembly,  that would not otherwise be subject to the
    47  requirements imposed on licensed importers  and  licensed  manufacturers
    48  pursuant  to  subsection  (i)  of  Section 923 of Title 18 of the United
    49  States Code and regulations issued pursuant thereto. For  each  firearm,
    50  rifle,  shotgun  or  unfinished firearm frame or receiver so registered,
    51  records reflecting the  identity  of  the  manufacturing  or  assembling
    52  gunsmith and the serial number of such firearm, rifle, shotgun or unfin-
    53  ished  firearm  frame  or  receiver  shall  be included in the statewide
    54  license and record database established pursuant to  section  400.02  of
    55  this chapter.

        S. 2143--A                          3
 
     1    (3)  Any  gunsmith  who  fails  to  comply with the provisions of this
     2  section shall be guilty of a class C felony.
     3    § 5. Section 265.10 of the penal law is amended by adding a new subdi-
     4  vision 8 to read as follows:
     5    8.  Any person other than a gunsmith duly licensed pursuant to section
     6  400.00 of this chapter who  assembles,  manufactures  or  causes  to  be
     7  assembled  or  manufactured,  a  firearm,  rifle,  shotgun or unfinished
     8  firearm frame or receiver is guilty of a class C felony.
     9    § 6. The penal law is amended  by  adding  six  new  sections  265.60,
    10  265.61, 265.62, 265.63, 265.64 and 265.65 to read as follows:
    11  § 265.60 Criminal sale of a ghost gun in the third degree.
    12    1.  Except as otherwise provided in subdivision two of this section, a
    13  person is guilty of criminal sale of a ghost gun  in  the  third  degree
    14  when such person sells, exchanges, gives or disposes of a ghost gun.
    15    2. A person shall not be guilty of criminal sale of a ghost gun in the
    16  third degree when such person:
    17    (a) voluntarily surrenders such ghost gun to any law enforcement offi-
    18  cial  designated pursuant to subparagraph (f) of paragraph one of subdi-
    19  vision a of section 265.20 of this article; or
    20    (b) within six months  after  the  effective  date  of  this  section,
    21  provides  such ghost gun to a gunsmith duly licensed pursuant to section
    22  400.00 of this chapter for the purposes of having such ghost gun serial-
    23  ized and registered pursuant to section 265.07 of this article.
    24    Criminal sale of a ghost gun in the third degree is a class D felony.
    25  § 265.61 Criminal sale of a ghost gun in the second degree.
    26    1. Except as otherwise provided in subdivision two of this section,  a
    27  person  is  guilty  of criminal sale of a ghost gun in the second degree
    28  when such person:
    29    (a) sells, exchanges, gives or disposes of five or more ghost guns; or
    30    (b) sells, exchanges, gives or disposes of a total  of  five  or  more
    31  ghost guns in a period of not more than one year.
    32    2. A person shall not be guilty of criminal sale of a ghost gun in the
    33  second degree when such person:
    34    (a)  voluntarily  surrenders  such  ghost  guns to any law enforcement
    35  official designated pursuant to subparagraph (f)  of  paragraph  one  of
    36  subdivision a of section 265.20 of this article; or
    37    (b)  within  six  months  after  the  effective  date of this section,
    38  provides such ghost guns to a gunsmith duly licensed pursuant to section
    39  400.00 of this chapter for the purposes of having such ghost guns  seri-
    40  alized and registered pursuant to section 265.07 of this article.
    41    Criminal sale of a ghost gun in the second degree is a class C felony.
    42  § 265.62 Criminal sale of a ghost gun in the first degree.
    43    1.  Except as otherwise provided in subdivision two of this section, a
    44  person is guilty of criminal sale of a ghost gun  in  the  first  degree
    45  when such person:
    46    (a) sells, exchanges, gives or disposes of ten or more ghost guns; or
    47    (b)  sells,  exchanges,  gives  or  disposes of a total of ten or more
    48  ghost guns in a period of not more than one year.
    49    2. A person shall not be guilty of criminal sale of a ghost gun in the
    50  first degree if such person:
    51    (a) voluntarily surrenders such ghost  guns  to  any  law  enforcement
    52  official  designated  pursuant  to  subparagraph (f) of paragraph one of
    53  subdivision a of section 265.20 of this article; or
    54    (b) within six months  after  the  effective  date  of  this  section,
    55  provides such ghost guns to a gunsmith duly licensed pursuant to section

        S. 2143--A                          4
 
     1  400.00  of this chapter for the purposes of having such ghost guns seri-
     2  alized and registered pursuant to section 265.07 of this article.
     3    Criminal sale of a ghost gun in the first degree is a class B felony.
     4  § 265.63 Criminal sale of an unfinished firearm frame or receiver in the
     5             third degree.
     6    1.  Except as otherwise provided in subdivision two of this section, a
     7  person is guilty of criminal sale of  an  unfinished  firearm  frame  or
     8  receiver in the third degree when such person sells, exchanges, gives or
     9  disposes of an unfinished firearm frame or receiver.
    10    2.  A  person  shall  not  be guilty of criminal sale of an unfinished
    11  firearm frame or receiver in the third degree if such person:
    12    (a) sells, exchanges, gives or disposes  of  such  unfinished  firearm
    13  frame or receiver to a gunsmith duly licensed pursuant to section 400.00
    14  of this chapter;
    15    (b)  voluntarily  surrenders such unfinished firearm frame or receiver
    16  to any law enforcement official designated pursuant to subparagraph  (f)
    17  of paragraph one of subdivision a of section 265.20 of this article; or
    18    (c)  within  six  months  after  the  effective  date of this section,
    19  provides such unfinished firearm frame or receiver to  a  gunsmith  duly
    20  licensed  pursuant to section 400.00 of this chapter for the purposes of
    21  having such unfinished firearm frame or receiver serialized  and  regis-
    22  tered pursuant to section 265.07 of this article.
    23    Criminal  sale of an unfinished firearm frame or receiver in the third
    24  degree is a class E felony.
    25  § 265.64 Criminal sale of an unfinished firearm frame or receiver in the
    26             second degree.
    27    1. Except as otherwise provided in subdivision two of this section,  a
    28  person  is  guilty  of  criminal  sale of an unfinished firearm frame or
    29  receiver in the second degree when such person:
    30    (a) sells, exchanges, gives or disposes of  five  or  more  unfinished
    31  firearm frames or receivers; or
    32    (b)  sells,  exchanges,  gives  or disposes of a total of five or more
    33  unfinished firearm frames or receivers in a period of not more than  one
    34  year.
    35    2.  A  person  shall  not  be guilty of criminal sale of an unfinished
    36  firearm frame or receiver in the second degree if such person:
    37    (a) sells, exchanges, gives or disposes  of  such  unfinished  firearm
    38  frames  or  receivers  to  a  gunsmith duly licensed pursuant to section
    39  400.00 of this chapter;
    40    (b) voluntarily surrenders such unfinished firearm frames or receivers
    41  to any law enforcement official designated pursuant to subparagraph  (f)
    42  of paragraph one of subdivision a of section 265.20 of this article; or
    43    (c)  within  six  months  after  the  effective  date of this section,
    44  provides such unfinished firearm frames or receivers to a gunsmith  duly
    45  licensed  pursuant to section 400.00 of this chapter for the purposes of
    46  having such unfinished firearm frames or receivers serialized and regis-
    47  tered pursuant to section 265.07 of this article.
    48    Criminal sale of an unfinished firearm frame or receiver in the second
    49  degree is a class D felony.
    50  § 265.65 Criminal sale of an unfinished firearm frame or receiver in the
    51             first degree.
    52    1. A person is guilty of criminal sale of an unfinished firearm  frame
    53  or receiver in the first degree when such person:
    54    (a)  sells,  exchanges,  gives  or  disposes of ten or more unfinished
    55  firearm frames or receivers; or

        S. 2143--A                          5
 
     1    (b) sells, exchanges, gives or disposes of a  total  of  ten  or  more
     2  unfinished  firearm frames or receivers in a period of not more than one
     3  year.
     4    2.  A  person  shall  not  be guilty of criminal sale of an unfinished
     5  firearm frame or receiver in the first degree if such person:
     6    (a) sells, exchanges, gives, or disposes of  such  unfinished  firearm
     7  frames  or  receivers  to  a  gunsmith duly licensed pursuant to section
     8  400.00 of this chapter;
     9    (b) voluntarily surrenders such unfinished firearm frames or receivers
    10  to any law enforcement official designated pursuant to subparagraph  (f)
    11  of paragraph one of subdivision a of section 265.20 of this article; or
    12    (c)  within  six  months  after  the  effective  date of this section,
    13  provides such unfinished firearm frames or receivers to a gunsmith  duly
    14  licensed  pursuant to section 400.00 of this chapter for the purposes of
    15  having such unfinished firearm frames or receivers serialized and regis-
    16  tered pursuant to section 265.07 of this article.
    17    Criminal sale of an unfinished firearm frame or receiver in the  first
    18  degree is a class C felony.
    19    § 7. This act shall take effect on the one hundred twentieth day after
    20  it  shall have become a law. Effective immediately, the addition, amend-
    21  ment and/or repeal of any rule or regulation necessary for the implemen-
    22  tation of this act on its effective date are authorized to be  made  and
    23  completed on or before such effective date.
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