NY State Senate Bill 2019-S4380

Senate Bill S4380

2019-2020 Legislative Session

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

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Mar 11, 2019	referred to codes

co-Sponsors

2019-S4380 (ACTIVE) - Details

See Assembly Version of this Bill:: A451
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.50, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7107, A7587
2015-2016: S1486, A7070
2017-2018: S3277, A2947

2019-S4380 (ACTIVE) - Summary

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

2019-S4380 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4380

SPONSOR: PARKER
 
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 known 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 accu-
rately 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 gener-
ate 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 manu-
facture 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, manu-
facture, transfer, sell, deliver, receive, import, or ship undetectable
firearms, firearm receivers and ammunition magazines.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S3277 - REFERRED TO CODES
2015-16: S.1486/A.7070 - Referred to Codes

 
FISCAL IMPLICATIONS:

None

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

2019-S4380 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4380
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 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".
   § 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.
                                                            LBD04884-01-9

 S. 4380                             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.

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Senate Bill S4380

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Sponsored By

Kevin S. Parker