S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2947
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee 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".
   § 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.
   § 3. The penal law is amended by adding a new section 265.50  to  read
 as follows:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03915-01-7

              

 A. 2947                             2

   (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:
   (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.
   §  4. The New York state police shall promulgate rules and regulations
 necessary for the implementation of this act.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.