[ ] is old law to be omitted.
LBD04445-06-9
S. 1414--A 2
CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM,
RIFLE OR SHOTGUN IS A CLASS D FELONY.
§ 265.55 CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM, RIFLE OR SHOT-
GUN.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM,
RIFLE OR SHOTGUN WHEN HE OR SHE KNOWINGLY POSSESSES:
1. ANY FIREARM, RIFLE OR SHOTGUN THAT, AFTER THE REMOVAL OF GRIPS,
STOCKS AND MAGAZINES, IS NOT DETECTABLE BY A METAL DETECTOR CALIBRATED
TO DETECT THE SECURITY EXEMPLAR, AS DEFINED PURSUANT TO 18 U.S.C. §
922(P); OR
2. ANY MAJOR COMPONENT OF A FIREARM, RIFLE OR SHOTGUN THAT, IF SUBJECT
TO THE TYPES OF DETECTION DEVICES COMMONLY USED AT AIRPORTS FOR SECURITY
SCREENING, DOES NOT GENERATE AN IMAGE THAT ADEQUATELY DISPLAYS THE SHAPE
OF THE COMPONENT.
CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM, RIFLE OR SHOTGUN IS A
CLASS E FELONY.
§ 3. The opening paragraph and the opening paragraph of paragraph 1 of
subdivision a of section 265.20 of the penal law, the opening paragraph
as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
the opening paragraph of paragraph 1 as amended by chapter 1041 of the
laws of 1974, are amended to read as follows:
Paragraph (h) of subdivision twenty-two of section 265.00 and sections
265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37,
265.50, 265.55 and 270.05 shall not apply to:
Possession of any of the weapons, instruments, appliances or
substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
265.50, 265.55 and 270.05 by the following:
§ 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 368 of the laws of 2015, is amended to read as
follows:
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child in the second degree as defined in
section 130.80, aggravated sexual abuse in the third degree as defined
in section 130.66, facilitating a sex offense with a controlled
substance as defined in section 130.90, labor trafficking as defined in
paragraphs (a) and (b) of subdivision three of section 135.35, criminal
possession of a weapon in the third degree as defined in subdivision
five, six, seven, eight, nine or ten of section 265.02, criminal sale of
a firearm in the third degree as defined in section 265.11, intimidating
a victim or witness in the second degree as defined in section 215.16,
soliciting or providing support for an act of terrorism in the second
degree as defined in section 490.10, and making a terroristic threat as
defined in section 490.20, falsely reporting an incident in the first
degree as defined in section 240.60, placing a false bomb or hazardous
substance in the first degree as defined in section 240.62, placing a
false bomb or hazardous substance in a sports stadium or arena, mass
transportation facility or enclosed shopping mall as defined in section
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240.63, [and] aggravated unpermitted use of indoor pyrotechnics in the
first degree as defined in section 405.18, AND CRIMINAL MANUFACTURE,
SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM, RIFLE OR SHOTGUN AS
DEFINED IN SECTION 265.50.
§ 5. The opening paragraph of paragraph (c) of subdivision 2 of
section 70.02 of the penal law, as amended by chapter 1 of the laws of
2013, is amended to read as follows:
Except as provided in subdivision six of section 60.05, the sentence
imposed upon a person who stands convicted of the class D violent felony
offenses of criminal possession of a weapon in the third degree as
defined in subdivision five, seven, eight or nine of section 265.02,
criminal sale of a firearm in the third degree as defined in section
265.11 [or], the class E violent felonies of attempted criminal
possession of a weapon in the third degree as defined in subdivision
five, seven, eight or nine of section 265.02, OR CRIMINAL MANUFACTURE,
SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM, RIFLE OR SHOTGUN AS
DEFINED IN SECTION 265.50 must be a sentence to a determinate period of
imprisonment, or, in the alternative, a definite sentence of imprison-
ment for a period of no less than one year, except that:
§ 6. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 189 of the laws of 2018, is amended to read
as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; sections 135.35 and 135.37 relating to
labor trafficking; section 135.65 relating to coercion; sections 140.20,
140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and
145.12 relating to criminal mischief; article one hundred fifty relating
to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of prescription medications and prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
215.00, 215.05 and 215.19 RELATING TO BRIBERY; sections 187.10, 187.15,
187.20 and 187.25 relating to residential mortgage fraud, sections
190.40 and 190.42 relating to criminal usury; section 190.65 relating to
schemes to defraud; any felony defined in article four hundred ninety-
six; sections 205.60 and 205.65 relating to hindering prosecution;
sections 210.10, 210.15, and 215.51 relating to perjury and contempt;
section 215.40 relating to tampering with physical evidence; sections
220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
substances; sections 225.10 and 225.20 relating to gambling; sections
230.25, 230.30, and 230.32 relating to promoting prostitution; section
230.34 relating to sex trafficking; section 230.34-a relating to sex
trafficking of a child; sections 235.06, 235.07, 235.21 and 235.22
relating to obscenity; sections 263.10 and 263.15 relating to promoting
S. 1414--A 4
a sexual performance by a child; sections 265.02, 265.03, 265.04,
265.11, 265.12, 265.13 and the provisions of section 265.10 which
constitute a felony relating to firearms and other dangerous weapons;
sections 265.14 and 265.16 relating to criminal sale of a firearm;
SECTION 265.50 RELATING TO THE CRIMINAL MANUFACTURE, SALE OR TRANSPORT
OF AN UNDETECTABLE FIREARM, RIFLE OR SHOTGUN; section 275.10, 275.20,
275.30, or 275.40 relating to unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
§ 7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 1 of the laws of 2019, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, rape in
the third degree as defined in section 130.25 of the penal law, rape in
the second degree as defined in section 130.30 of the penal law, rape in
the first degree as defined in section 130.35 of the penal law, criminal
sexual act in the third degree as defined in section 130.40 of the penal
law, criminal sexual act in the second degree as defined in section
130.45 of the penal law, criminal sexual act in the first degree as
defined in section 130.50 of the penal law, sexual abuse in the first
degree as defined in section 130.65 of the penal law, unlawful imprison-
ment in the first degree as defined in section 135.10 of the penal law,
kidnapping in the second degree as defined in section 135.20 of the
penal law, kidnapping in the first degree as defined in section 135.25
of the penal law, labor trafficking as defined in section 135.35 of the
penal law, aggravated labor trafficking as defined in section 135.37 of
the penal law, custodial interference in the first degree as defined in
section 135.50 of the penal law, coercion in the first degree as defined
in section 135.65 of the penal law, criminal trespass in the first
degree as defined in section 140.17 of the penal law, burglary in the
third degree as defined in section 140.20 of the penal law, burglary in
the second degree as defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of the penal
law, criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as defined in
section 145.10 of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal law, arson in
the third degree as defined in section 150.10 of the penal law, arson in
the second degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
S. 1414--A 5
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law, forgery in the first degree as
defined in section 170.15 of the penal law, criminal possession of a
forged instrument in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in the first
degree as defined in section 170.30 of the penal law, criminal
possession of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in the first degree as defined in
section 175.10 of the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as defined in section
175.35 of the penal law, issuing a false certificate as defined in
section 175.40 of the penal law, criminal diversion of prescription
medications and prescriptions in the second degree as defined in section
178.20 of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in section 178.25 of
the penal law, residential mortgage fraud in the fourth degree as
defined in section 187.10 of the penal law, residential mortgage fraud
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of the penal law, residential mortgage fraud in the first degree as
defined in section 187.25 of the penal law, escape in the second degree
as defined in section 205.10 of the penal law, escape in the first
degree as defined in section 205.15 of the penal law, absconding from
temporary release in the first degree as defined in section 205.17 of
the penal law, promoting prison contraband in the first degree as
defined in section 205.25 of the penal law, hindering prosecution in the
second degree as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined in section 205.65 of the
penal law, sex trafficking as defined in section 230.34 of the penal
law, sex trafficking of a child as defined in section 230.34-a of the
penal law, criminal possession of a weapon in the third degree as
defined in subdivisions two, three and five of section 265.02 of the
penal law, criminal possession of a weapon in the second degree as
defined in section 265.03 of the penal law, criminal possession of a
weapon in the first degree as defined in section 265.04 of the penal
law, manufacture, transport, disposition and defacement of weapons and
S. 1414--A 6
dangerous instruments and appliances defined as felonies in subdivisions
one, two, and three of section 265.10 of the penal law, sections 265.11,
265.12 and 265.13 of the penal law, or prohibited use of weapons as
defined in subdivision two of section 265.35 of the penal law, relating
to firearms and other dangerous weapons, CRIMINAL MANUFACTURE, SALE OR
TRANSPORT OF AN UNDETECTABLE FIREARM, RIFLE OR SHOTGUN AS DEFINED IN
SECTION 265.50 OF THE PENAL LAW, or failure to disclose the origin of a
recording in the first degree as defined in section 275.40 of the penal
law;
§ 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
