NY State Senate Bill 2013-S7107

Senate Bill S7107

2013-2014 Legislative Session

Relates to a ban on undetectable firearms, undetectable firearm receivers and undetectable ammunition magazines

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 28, 2014	referred to codes

2013-S7107 (ACTIVE) - Details

See Assembly Version of this Bill:: A7587
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.50, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1486, A7070
2017-2018: S3277, A2947
2019-2020: S4380, A451

2013-S7107 (ACTIVE) - Summary

Relates to a ban on undetectable firearms, undetectable firearm receivers and undetectable ammunition magazines.

2013-S7107 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7107

TITLE OF BILL:  An act to amend the penal law, in relation to a ban on
undetectable firearms, undetectable firearm receivers and undetectable
ammunition magazines

PURPOSE OR GENERAL IDEA OF BILL: To make illegal the manufacture,
possession and sale of firearms, firearm receivers and ammunition
magazines that are not detectable by traditional metal detectors and
may not present an accurate image on an x-ray.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill specifies that
the bill shall be know as the "undetectable firearms act."

Section 2 is the legislative findings.

Section 3 amends the penal law by adding a new section 265.50 to make
it unlawful for any person to knowingly manufacture, import, sell,
ship, deliver, transfer, receive or possess:

1. Any firearm that is not detectable by a walk-through metal detector
or any major component of which does not generate an image that
accurately depicts its shape when subjected to inspection by x-ray
machines commonly used at airports;

2. Any receiver for a rifle, or handgun, manufactured by a person who

is not a licensed manufacturer that is not detectable as a rifle or
handgun by walk-through metal detectors or which does not generate an
image that accurately depicts the shape of the receiver when subjected
to an inspection by the types of x-ray machines commonly used at
airports; and

3. Any ammunition magazine, manufactured by a person who is not a
licensed manufacturer that, after removal of the spring and follower,
is not detectable by walk-through metal detectors or which does not
generate an image that accurately depicts the shape of the magazine
when subjected to inspection by the type of x-ray machines commonly
used at airports.

This new penal law section does not apply to firearms which have been
certified by an agency of the United States as necessary for military
intelligence and are manufactured and sold exclusively to military or
intelligence agencies.

A person who violates the provisions of this new penal law section
shall be guilty of a class E felony.

Section 4 requires the New York state police to promulgate rules and
regulations necessary for the implementation of the act.

Section 5 is the effective date.

JUSTIFICATION: Digital manufacturing technologies, including computer
numerical control mills, 3-dimensional printers and laser cutting
machines, are quickly advancing so that they may soon be used to
fabricate fully operational firearm components.


Some commercially available digital manufacturing technologies can
manufacture these components using materials that cannot be detected
by traditional metal detectors or x-ray imaging machines.

Allowing firearms that are undetectable poses a serious threat of
danger to the safety of all. This legislation would protect the safety
of New Yorkers by making it illegal for any person to knowingly
possess, manufacture, transfer, sell, deliver, receive, import, or
ship undetectable firearms, firearm receivers and ammunition
magazines.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS:  None

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law.

2013-S7107 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7107

                            I N  S E N A T E

                             April 28, 2014
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation  to  a  ban  on  undetectable
  firearms,  undetectable  firearm receivers and undetectable ammunition
  magazines

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title. This act shall be known as the "undetectable
firearms act".
  S 2. Findings. The legislature finds that:
  (1) Federal Bureau of Investigation data shows that more  than  fifty-
seven  percent  of  the  murders that occurred in New York state in 2011
were perpetrated with a firearm;
  (2) digital manufacturing technologies, including  computer  numerical
control  mills,  3-dimensional  printers  and laser cutting machines are
quickly advancing so that they may soon be used to fabricate fully oper-
ational firearm components; and
  (3) some commercially available digital manufacturing technologies can
manufacture these components using materials that cannot be detected  by
traditional metal detectors or x-ray imaging machines.
  S  3.  The penal law is amended by adding a new section 265.50 to read
as follows:
S 265.50 BAN ON UNDETECTABLE FIREARMS,  UNDETECTABLE  FIREARM  RECEIVERS
           AND UNDETECTABLE AMMUNITION MAGAZINES.
  1.  IT  SHALL  BE  UNLAWFUL  FOR  ANY PERSON TO KNOWINGLY MANUFACTURE,
IMPORT, SELL, SHIP, DELIVER, TRANSFER, RECEIVE OR POSSESS:
  (A) ANY FIREARM:
  (I) THAT, AFTER REMOVAL OF GRIPS, STOCKS AND MAGAZINES, IS NOT DETECT-
ABLE BY WALK-THROUGH METAL DETECTORS; OR
  (II) ANY MAJOR COMPONENT OF WHICH DOES  NOT  GENERATE  AN  IMAGE  THAT
ACCURATELY  DEPICTS  THE  SHAPE  OF  THE  COMPONENT  WHEN  SUBJECTED  TO
INSPECTION BY THE TYPES OF X-RAY MACHINES COMMONLY USED AT AIRPORTS; OR
  (B) ANY RECEIVER FOR A RIFLE OR HANDGUN MANUFACTURED BY A  PERSON  WHO
IS NOT A LICENSED MANUFACTURER:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD10881-04-3

S. 7107                             2

  (I) THAT IS NOT DETECTABLE AS A RIFLE OR HANDGUN BY WALK-THROUGH METAL
DETECTORS; OR
  (II)  WHICH  DOES  NOT  GENERATE  AN IMAGE THAT ACCURATELY DEPICTS THE
SHAPE OF THE RECEIVER WHEN SUBJECTED TO INSPECTION BY THE TYPES OF X-RAY
MACHINES COMMONLY USED AT AIRPORTS; OR
  (C) ANY AMMUNITION MAGAZINE MANUFACTURED BY A  PERSON  WHO  IS  NOT  A
LICENSED MANUFACTURER:
  (I)  THAT, AFTER REMOVAL OF THE SPRING AND FOLLOWER, IS NOT DETECTABLE
BY WALK-THROUGH METAL DETECTORS; OR
  (II) WHICH DOES NOT GENERATE AN  IMAGE  THAT  ACCURATELY  DEPICTS  THE
SHAPE OF THE MAGAZINE WHEN SUBJECTED TO INSPECTION BY THE TYPES OF X-RAY
MACHINES COMMONLY USED AT AIRPORTS.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A)  THE  TERM "FIREARM" DOES NOT INCLUDE THE FRAME OR RECEIVER OF ANY
SUCH WEAPON; AND
  (B) THE TERM "MAJOR COMPONENT" OF A  FIREARM  MEANS  THE  BARREL,  THE
SLIDE OR CYLINDER, OR THE FRAME OR RECEIVER OF THE FIREARM.
  3.  THIS  SECTION SHALL NOT APPLY TO ANY FIREARM WHICH HAS BEEN CERTI-
FIED BY AN AGENCY OF THE UNITED STATES AS NECESSARY FOR MILITARY  INTEL-
LIGENCE  APPLICATIONS  AND  IS  MANUFACTURED FOR AND SOLD EXCLUSIVELY TO
MILITARY OR INTELLIGENCE AGENCIES OF THE UNITED STATES.
  4. A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE GUIL-
TY OF A CLASS E FELONY.
  S 4. The New York state police shall promulgate rules and  regulations
necessary for the implementation of this act.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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