NY State Senate Bill 2019-S2143A

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
Jan 08, 2020	referred to codes
Jan 02, 2020	print number 2143a
Jan 02, 2020	amend (t) and recommit to codes
Jan 22, 2019	referred to codes

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2019-S2143 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.02 & 265.10, add §§265.07, 265.60, 265.61, 265.62, 265.63, 265.64 & 265.65, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S9145

2019-S2143 - Summary

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.

2019-S2143 - Sponsor Memo

                                
 
BILL NUMBER: S2143

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the penal law, in relation 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; to amend the general business law, in
relation to the suspension and revocation of certain licenses or regis-
trations; to amend the criminal procedure law, in relation to adding 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 to amend the adminis-
trative code of the city of New York, in relation to including the
offense of unlawful dissemination of instructions for the assembly of a
weapon in the definition of violent or serious crime

 
PURPOSE:

This bill stops the distribution of 3D gun blueprints, requires that
every person who builds a gun be a licensed gunsmith, and that all guns
include a threshold of metal in major components so that they can be

detected. This will help stop the proliferation of the increasing threat
of ghost guns in New York.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 265.00 of the penal law to add new definitions.

Section 2 amends and adds two new subdivisions to Subdivision 10 of
section 265.02 of the penal law and provides that a person is guilty of
criminal possession of a weapon in the third degree when a person
possesses a ghost gun that has not been registered and does not have a
serial number or such a person possesses a ghost gun that does not meet
this bill's detection requirements.

Section 3 amends Section 265.01 to establish that every person who
assembles or manufactures a firearm must be a duly licensed gunsmith and
all firearms, rifles and shotguns must contain 3.7 ounces of metal in a
major component of the gun and have a unique serial number and be regis-
tered with the State. Failure to comply constitutes a class C felony.

Section 4 amends section 265.11 of the penal law to make the sale of a
firearm of any kind by a person who is not a gunsmith or dealer criminal
sale of a firearm in the third degree, subject to certain conditions
consistent with existing law.

Section 5 amends section 265.12 of the penal law, as amended by chapter
764 of the laws of 2005 to make a person guilty of criminal sale of a
firearm in the second degree when a gunsmith or dealer sells a gun that
does not comply with all the provisions of this bill.

Section 6 amends section 265.38 to add a provision making it unlawful to
intentionally distribute any code that can program a 3D printer or simi-
lar device to produce a firearm. Failure to comply constitutes a class D
felony.



Section 7 amends paragraph (a) of subdivision 1 of section 460.10 of the
penal 2 law, as amended by chapter 368 of the laws of 2015 to include
the unlawful dissemination of instruction for the assembly of weapons.

Section 8 amends paragraph (a) of subdivision 1 of section 460.10 of the
penal 2 law, as amended by chapter 368 of the laws of 2015 include the
unlawful dissemination of instruction for the assembly of weapons.

Section 9 amends paragraph f of subdivision 1 of section 410 of the
general business law, as amended by chapter 80 of the laws of 2015 to
include the unlawful dissemination of instruction for the assembly of
weapons.

Section 10 amends Paragraph (b) of subdivision 8 of section 700.05 of
the criminal procedure law, as amended by chapter 368 of the laws of
2015 to include the unlawful dissemination of instruction for the assem-
bly of weapons.

Section 11 amends subparagraph i of paragraph 7 of subdivision a of
section 9-131 of the administrative code of the city of New York, as
added by local law number 58 of the city of New York for the year 2014
to include the aforementioned additional provisions of law.

Section 12 amends subparagraph i of paragraph 6 of subdivision a of
section 14-154 of the administrative code of the city of New York, as
added by local law number 59 of the city of New York for the, year 2014
to include the aforementioned additional provisions of law.

Section 13 stipulates when the act shall take effect.

 
JUSTIFICATION:

"Ghost guns" do not have serial numbers and thus are not tracked by law
enforcement. They can be assembled from unfinished parts or built with
increasingly sophisticated technology.

There has been much attention around ghost guns after the State Depart-
ment settled a case June 29, 2018 that will allow companies to legally
distribute online blueprints and manuals to complete guns such as the
AR-15 with the click of the button. This bill would directly prohibit
this act. By making illegal the publication of certain computer code
that can be used automatically to program three-dimensional printers and
create firearms, rifles and shotguns-the only means of combating this
unique threat-New York seeks not to regulate the speech rights of
computer programmers under the state and federal constitutions, but
rather to curb the pernicious effects of untraceable-and potentially
undetectable-firearms, rifles and shotguns.

In the event the federal administration reverses its position on the
distribution of computer code, this legislation is still desperately
needed to close loopholes in the law. Ghost guns are untraceable, unde-
tectable and unregulated. They have been an ongoing but largely unknown
threat for years. Because you can assemble a gun in your own home it
means terrorists, felons and children can all obtain them. In fact, in
2014 a man who failed a gun background check then built an assault rifle
himself and used it to go on a rampage at a college campus in Southern
California, firing 100 rounds and killing five people. This bill

requires that only gunsmiths manufacture or assemble guns and further-
more that all guns must obtain a serial number.

Increasingly sophisticated technology means guns can be built entirely
out of polymer or other similar materials. These are undetectable mean-
ing someone could easily enter a school or an airport with the ability
to cause mass devastation. This bill will would require a threshold
level of metal in the major components of all firearms, ghost guns or
not, thus extending beyond Federal detectability laws.  This comprehen-
sive bill addresses the short and long-term threat of ghost guns which
will only become more problematic as technology advances and it is easi-
er for the most dangerous and vulnerable in New York to make a gun at
home.

 
LEGISLATIVE HISTORY:

2018: S.9145 (Hoylman) - Referred to Rules

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective 19 date are author-
ized to be made on or before such effective date.

2019-S2143 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2143
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, PARKER, BROOKS, CARLUCCI, KAMINSKY, KENNE-
   DY, KRUEGER, MONTGOMERY, PERSAUD -- 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 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; to amend the general business law, in relation to the suspension
   and  revocation  of  certain  licenses  or registrations; to amend the
   criminal procedure law, in relation to adding 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 to amend the administrative  code  of
   the city of New York, in relation to including the offense of unlawful
   dissemination  of  instructions  for  the  assembly of a weapon in the
   definition of violent or serious crime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 265.00 of the penal law is amended by adding four
 new subdivisions 26, 27, 28 and 29 to read as follows:
   26. "MAJOR COMPONENT" MEANS, IN THE CASE OF A FIREARM, RIFLE OR  SHOT-
 GUN THE SLIDE OR CYLINDER, OR THE FRAME OR RECEIVER, AND, IN THE CASE OF
 A SHOTGUN, THE BARREL.
   27.  "ADDITIVE  MANUFACTURING"  MEANS A MANUFACTURING PROCESS IN WHICH
 MATERIAL IS ADDED IN ORDER TO PRODUCE THE  PRODUCT,  INCLUDING  BUT  NOT
 LIMITED  TO  THREE-DIMENSIONAL  PRINTING IN WHICH LAYERS OF MATERIAL ARE
 LAID DOWN IN SUCCESSION.
   28. "UNFINISHED FIREARM FRAME OR RECEIVER" MEANS A PIECE OF ANY  MATE-
 RIAL  THAT DOES NOT CONSTITUTE THE FRAME OR RECEIVER OF A FIREARM, RIFLE
 OR SHOTGUN BUT THAT HAS BEEN SHAPED OR FORMED IN ANY WAY FOR THE PURPOSE
 OF BECOMING THE FRAME OR RECEIVER OF A FIREARM, RIFLE  OR  SHOTGUN.  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07305-01-9

 S. 2143                             2
 
 TERM  SHALL  NOT  INCLUDE  A  PIECE OF MATERIAL THAT HAS HAD ITS SIZE OR
 EXTERNAL SHAPE ALTERED TO FACILITATE TRANSPORTATION OR  STORAGE  OR  HAS
 HAD ITS CHEMICAL COMPOSITION ALTERED.
   29. "GHOST GUN" MEANS A FIREARM, RIFLE OR SHOTGUN THAT IS:
   (A) MANUFACTURED USING ADDITIVE MANUFACTURING; OR
   (B)  ASSEMBLED  FROM A FRAME OR RECEIVER THAT WAS MARKETED AND/OR SOLD
 (EITHER SEPARATELY OR AS PART OF A KIT) AS AN UNFINISHED  FIREARM  FRAME
 OR RECEIVER THAT THE RECIPIENT COULD USE TO ASSEMBLE A FIREARM, RIFLE OR
 SHOTGUN.
   §  2.  Subdivision  10 of section 265.02 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended and two  new  subdivisions  11
 and 12 are added to read as follows:
   (10)  Such  person  possesses an unloaded firearm and also commits any
 violent felony offense as defined in subdivision one of section 70.02 of
 this chapter as part of the same criminal transaction[.]; OR
   (11) SUCH PERSON, IF NOT A GUNSMITH OR DEALER DULY  LICENSED  PURSUANT
 TO  SECTION  400.00  OF THIS CHAPTER, POSSESSES A GHOST GUN THAT HAS NOT
 BEEN REGISTERED WITH A LICENSING OFFICER  AND  ENGRAVED  OR  PERMANENTLY
 AFFIXED  WITH  A SERIAL NUMBER AS PROVIDED IN SUBDIVISION TEN OF SECTION
 265.10 OF THIS ARTICLE; OR
   (12) SUCH PERSON POSSESSES A FIREARM, RIFLE OR SHOTGUN MANUFACTURED OR
 ASSEMBLED AS A GHOST GUN THAT DOES NOT COMPLY  WITH  THE  PROVISIONS  OF
 SUBDIVISION NINE OF SECTION 265.10 OF THIS ARTICLE.
   §  3.  Section  265.10 of the penal law is amended by adding three new
 subdivisions 8, 9 and 10 to read as follows:
   8. ANY PERSON, OTHER THAN A GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER, WHO ASSEMBLES, MANUFACTURES,  OR  CAUSES  TO  BE
 ASSEMBLED  OR  MANUFACTURED,  A FIREARM, RIFLE OR SHOTGUN IS GUILTY OF A
 CLASS C FELONY.
   9. FOR ALL FIREARMS, RIFLES AND SHOTGUNS MANUFACTURED,  ASSEMBLED,  OR
 CAUSED  TO BE MANUFACTURED OR ASSEMBLED, SOLD, EXCHANGED, DISPOSED OF OR
 POSSESSED:   (A) EACH MAJOR COMPONENT MUST  BE  DETECTABLE  BY  A  METAL
 DETECTOR  CALIBRATED  TO  DETECT  3.7  OUNCES  OF TYPE 17-4 PH STAINLESS
 STEEL; AND (B)  EACH  MAJOR  COMPONENT,  IF  SUBJECT  TO  THE  TYPES  OF
 DETECTION DEVICES COMMONLY USED AT AIRPORTS FOR SECURITY SCREENING, MUST
 GENERATE  AN  IMAGE  THAT ADEQUATELY DEPICTS THE SHAPE OF THE COMPONENT.
 ANY GUNSMITH WHO FAILS TO COMPLY WITH THIS SUBDIVISION SHALL  BE  GUILTY
 OF A CLASS C FELONY.
   10.  ALL  GHOST GUNS MANUFACTURED, ASSEMBLED, OR CAUSED TO BE MANUFAC-
 TURED OR ASSEMBLED BY A GUNSMITH SHALL BE REGISTERED WITH THE  LICENSING
 OFFICER  IN  THE  CITY  OR  COUNTY  WHERE  THE GUNSMITH IS LOCATED. SUCH
 LICENSING OFFICER, IN CONSULTATION WITH THE DIVISION  OF  STATE  POLICE,
 SHALL ISSUE A UNIQUE SERIAL NUMBER FOR EACH FIREARM, RIFLE OR SHOTGUN SO
 REGISTERED.  FOR EACH SUCH GHOST GUN, RECORDS REFLECTING THE IDENTITY OF
 THE MANUFACTURING OR ASSEMBLING GUNSMITH AND THE SERIAL  NUMBER  OF  THE
 GHOST GUN SHALL BE INCLUDED IN THE STATEWIDE LICENSE AND RECORD DATABASE
 ESTABLISHED  PURSUANT TO SECTION 400.02 OF THIS CHAPTER. THE MANUFACTUR-
 ING OR ASSEMBLING GUNSMITH SHALL ENGRAVE OR PERMANENTLY AFFIX THE SERIAL
 NUMBER TO THE FIREARM, RIFLE OR  SHOTGUN  IN  A  MANNER  THAT  MEETS  OR
 EXCEEDS  THE  REQUIREMENTS  IMPOSED  ON  LICENSED IMPORTERS AND LICENSED
 MANUFACTURERS OF SHOTGUNS PURSUANT TO SUBSECTION (I) OF SECTION  923  OF
 TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
 ETO.  ANY  GUNSMITH  WHO  FAILS TO COMPLY WITH THIS SUBDIVISION SHALL BE
 GUILTY OF A CLASS C FELONY.
   § 4. Section 265.11 of the penal law, as amended by chapter 764 of the
 laws of 2005, is amended to read as follows:

 S. 2143                             3
 
 § 265.11 Criminal sale of a firearm in the third degree.
   A  person  is guilty of criminal sale of a firearm in the third degree
 when:
   (1) such person is not authorized pursuant to law to possess a firearm
 and such person unlawfully either:
   [(1)] (A) sells, exchanges, gives or disposes of a  firearm  or  large
 capacity ammunition feeding device to another person; or
   [(2)] (B) possesses a firearm with the intent to sell it[.];
   (2)  SUCH PERSON IS NOT A GUNSMITH OR DEALER DULY LICENSED PURSUANT TO
 SECTION 400.00 OF THIS CHAPTER AND SUCH PERSON SELLS,  EXCHANGES,  GIVES
 OR  DISPOSES OF A FIREARM, RIFLE OR SHOTGUN MANUFACTURED OR ASSEMBLED AS
 A GHOST GUN, UNLESS SUCH SALE, EXCHANGE, GIFT OR DISPOSAL IS IN  COMPLI-
 ANCE  WITH  ALL REQUIREMENTS UNDER STATE AND FEDERAL LAW RELATING TO THE
 SALE, EXCHANGE, GIFT OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS AND:
   (A) THE RECIPIENT HOLDS A FEDERAL FIREARMS LICENSE ISSUED PURSUANT  TO
 SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE;
   (B)  THE RECIPIENT IS A PEACE OFFICER, AS DESCRIBED IN SECTION 2.10 OF
 THE CRIMINAL PROCEDURE LAW;
   (C) THE RECIPIENT IS A FEDERAL LAW ENFORCEMENT OFFICER,  AS  DESCRIBED
 IN SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW; OR
   (D)  THE  SALE,  EXCHANGE,  GIFT, OR DISPOSAL IS BETWEEN MEMBERS OF AN
 IMMEDIATE FAMILY, AS DEFINED IN SECTION EIGHT  HUNDRED  NINETY-EIGHT  OF
 THE GENERAL BUSINESS LAW; OR
   (3)  SUCH  PERSON SELLS, EXCHANGES, GIVES OR DISPOSES OF AN UNFINISHED
 FIREARM FRAME OR RECEIVER, UNLESS:
   (A) THE RECIPIENT IS A GUNSMITH  DULY  LICENSED  PURSUANT  TO  SECTION
 400.00 OF THIS CHAPTER;
   (B)  THE RECIPIENT IS A PEACE OFFICER, AS DESCRIBED IN SECTION 2.10 OF
 THE CRIMINAL PROCEDURE LAW; OR
   (C) THE RECIPIENT IS A FEDERAL LAW ENFORCEMENT OFFICER,  AS  DESCRIBED
 IN SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW.
   Criminal sale of a firearm in the third degree is a class D felony.
   § 5. Section 265.12 of the penal law, as amended by chapter 764 of the
 laws of 2005, is amended to read as follows:
 § 265.12 Criminal sale of a firearm in the second degree.
   A  person is guilty of criminal sale of a firearm in the second degree
 when such person:
   (1) unlawfully sells, exchanges, gives or disposes of to another  five
 or more firearms; [or]
   (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
 person or persons a total of five or more firearms in a  period  of  not
 more than one year[.];
   (3)  BEING  A  GUNSMITH  OR  DEALER  DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER, SELLS, EXCHANGES, GIVES OR DISPOSES OF  A  GHOST
 GUN  THAT  HAS NOT BEEN REGISTERED WITH A LICENSING OFFICER AND ENGRAVED
 OR PERMANENTLY AFFIXED WITH A SERIAL NUMBER AS PROVIDED  IN  SUBDIVISION
 TEN OF SECTION 265.10 OF THIS ARTICLE; OR
   (4)  BEING  A  GUNSMITH  OR  DEALER  DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS  CHAPTER,  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES  OF  A
 FIREARM,  RIFLE OR SHOTGUN MANUFACTURED OR ASSEMBLED AS A GHOST GUN THAT
 DOES NOT COMPLY WITH THE  PROVISIONS  OF  SUBDIVISION  NINE  OR  TEN  OF
 SECTION 265.10 OF THIS ARTICLE.
   Criminal sale of a firearm in the second degree is a class C felony.
   §  6.  The penal law is amended by adding a new section 265.38 to read
 as follows:

 S. 2143                             4
 
 § 265.38 UNLAWFUL DISSEMINATION OF INSTRUCTIONS FOR THE  ASSEMBLY  OF  A
            WEAPON.
   IT SHALL BE UNLAWFUL FOR ANY PERSON TO INTENTIONALLY PUBLISH, OVER THE
 INTERNET  OR BY MEANS OF THE WORLD WIDE WEB, DIGITAL INSTRUCTIONS IN THE
 FORM OF COMPUTER AIDED DESIGN FILES OR OTHER CODE THAT CAN AUTOMATICALLY
 PROGRAM A THREE-DIMENSIONAL PRINTER  OR  SIMILAR  DEVICE  TO  PRODUCE  A
 FIREARM, RIFLE OR SHOTGUN.
   UNLAWFUL DISSEMINATION OF INSTRUCTIONS FOR THE ASSEMBLY OF A WEAPON IS
 A CLASS D FELONY.
   §  7.  Paragraph  (c)  of subdivision 1, paragraph (b) and the opening
 paragraph of paragraph (c) of subdivision 2  of  section  70.02  of  the
 penal  law,  paragraph (c) of subdivision 1 as amended by chapter 368 of
 the laws of 2015, paragraph (b) of subdivision 2 as amended  by  section
 122  of  subpart  B of part C of chapter 62 of the laws of 2011, and the
 opening paragraph of paragraph (c) of subdivision 2 as amended by  chap-
 ter 1 of the laws of 2013, are 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,  UNLAWFUL
 DISSEMINATION OF INSTRUCTIONS FOR THE ASSEMBLY OF A WEAPON AS DEFINED IN
 SECTION 265.38, 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 240.63, and aggravated unpermitted use  of  indoor
 pyrotechnics in the first degree as defined in section 405.18.
   (b)  Except as provided in paragraph (b-1) of this subdivision, subdi-
 vision six of section 60.05 and subdivision four of  this  section,  the
 sentence imposed upon a person who stands convicted of a class D violent
 felony offense, other than the offense of criminal possession of a weap-
 on in the third degree as defined in subdivision five, seven or eight of
 section  265.02  [or], criminal sale of a firearm in the third degree as
 defined in section 265.11 OR UNLAWFUL DISSEMINATION OF INSTRUCTIONS  FOR
 THE  ASSEMBLY  OF  A  WEAPON  AS  DEFINED  IN SECTION 265.38, must be in
 accordance with the applicable provisions of this  chapter  relating  to
 sentencing for class D felonies provided, however, that where a sentence
 of  imprisonment  is  imposed  which  requires a commitment to the state
 department of corrections and community supervision, such sentence shall

 S. 2143                             5

 be a determinate sentence in accordance with paragraph (c)  of  subdivi-
 sion three of this section.
   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,  UNLAWFUL  DISSEMINATION  OF  INSTRUCTIONS FOR THE ASSEMBLY OF A
 WEAPON AS DEFINED IN SECTION 265.38 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 must be a
 sentence to a determinate period of imprisonment, or,  in  the  alterna-
 tive,  a  definite sentence of imprisonment for a period of no less than
 one year, except that:
   § 8. 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
 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  265.38  RELATING  TO UNLAWFUL DISSEMINATION OF INSTRUCTIONS FOR

 S. 2143                             6
 
 THE ASSEMBLY OF A WEAPON; 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
   §  9. Paragraph f of subdivision 1 of section 410 of the general busi-
 ness law, as amended by chapter 189 of the laws of 2018, is  amended  to
 read as follows:
   f.  Conviction  of any of the following crimes subsequent to the issu-
 ance of a license or registration pursuant to this article: fraud pursu-
 ant to sections 170.10,  170.15,  176.15,  176.20,  176.25,  176.30  and
 190.65;  falsifying  business  records pursuant to section 175.10; grand
 larceny pursuant to article [155] ONE HUNDRED FIFTY-FIVE; bribery pursu-
 ant to sections 180.03, 180.08, 180.15, 180.25, 200.00, 200.03,  200.04,
 200.10,  200.11,  200.12,  200.45,  200.50; perjury pursuant to sections
 210.10, 210.15, 210.40; assault pursuant  to  sections  120.05,  120.10,
 120.11,  120.12;  robbery  pursuant  to article [160] ONE HUNDRED SIXTY;
 homicide pursuant to sections 125.25 and 125.27;  manslaughter  pursuant
 to  sections  125.15  and  125.20;  kidnapping and unlawful imprisonment
 pursuant  to  sections  135.10,  135.20  and  135.25;  unlawful  weapons
 possession  pursuant to sections 265.02, 265.03 and 265.04; criminal use
 of a weapon pursuant to sections 265.08 and 265.09; criminal sale  of  a
 weapon pursuant to sections 265.11 and 265.12; UNLAWFUL DISSEMINATION OF
 INSTRUCTIONS  FOR THE ASSEMBLY OF A WEAPON AS DEFINED IN SECTION 265.38;
 compelling prostitution pursuant  to  section  230.33;  sex  trafficking
 pursuant  to  section  230.34;  sex  trafficking  of a child pursuant to
 section 230.34-a; and sex offenses pursuant to article [130] ONE HUNDRED
 THIRTY of the penal law. Provided, however, that  for  the  purposes  of
 this  article,  none  of  the  following  shall  be  considered criminal
 convictions or reported as such: (i) a conviction for which an executive
 pardon has been issued pursuant to the executive law; (ii) a  conviction
 which  has  been  vacated  and  replaced  by a youthful offender finding
 pursuant to article seven hundred twenty of the criminal procedure  law,
 or  the applicable provisions of law of any other jurisdiction; or (iii)
 a conviction the records of which have been expunged or sealed  pursuant
 to  the  applicable provisions of the laws of this state or of any other
 jurisdiction; and (iv) a conviction for which other evidence of success-
 ful rehabilitation to remove the disability has been issued.
   § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 189 of the laws of 2018, 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, abortion
 in the second degree as defined in section  125.40  of  the  penal  law,
 abortion  in  the first degree as defined in section 125.45 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

 S. 2143                             7
 
 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  imprisonment  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 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 instru-
 ment 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

 S. 2143                             8
 
 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, residential 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 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, UNLAWFUL DISSEM-
 INATION OF INSTRUCTIONS FOR THE ASSEMBLY  OF  A  WEAPON  AS  DEFINED  IN
 SECTION  265.38 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;
   §  11. Subparagraph i of paragraph 7 of subdivision a of section 9-131
 of the administrative code of the city of New York, as amended by  chap-
 ter 189 of the laws of 2018, is amended to read as follows:
   i. a felony defined in any of the following sections of the penal law:
 120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
 120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
 130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
 130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
 130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
 160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
 220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
 230.32,  230.33,  230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
 240.61,  240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,

 S. 2143                             9
 
 260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
 265.11,  265.12,  265.13,  265.14,  265.16,  265.17,  265.19, 265.35(2),
 265.38,  270.30,  270.35,  405.16(1),  405.18,  460.22,  470.21, 470.22,
 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,  490.37,
 490.40, 490.45, 490.47, 490.50, or 490.55;
   § 12. Subparagraph i of paragraph 6 of subdivision a of section 14-154
 of  the administrative code of the city of New York, as amended by chap-
 ter 189 of the laws of 2018, is amended to read as follows:
   i. a felony defined in any of the following sections of the penal law:
 120.01, 120.02, 120.03, 120.04,  120.04-a(4),  120.05,  120.06,  120.07,
 120.08,  120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,  125.14,
 125.15,  125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45,
 130.25,  130.30,  130.35,  130.40,  130.45,  130.50,   130.53,   130.65,
 130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
 130.95, 130.96, 135.10, 135.20, 135.25,  135.35,  135.50,  135.65(2)(b),
 140.17,  140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13,  215.15,
 215.16,  215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
 220.44, 220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2),  230.30,
 230.32,  230.33,  230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25,  260.32,
 260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
 265.01-b, 265.02  (2)  through  (8),  265.03,  265.04,  265.08,  265.09,
 265.10,   265.11,   265.12,  265.13,  265.14,  265.16,  265.17,  265.19,
 265.35(2), 265.38, 270.30, 270.35, 405.16(l),  405.18,  460.22,  470.21,
 470.22,  470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,
 490.37, 490.40, 490.45, 490.47, 490.50, or 490.55;
   § 13. This act shall  take  effect  on  the  first  of  November  next
 succeeding  the  date  upon  which it shall have become a law. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.

co-Sponsors

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2019-S2143A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.02 & 265.10, add §§265.07, 265.60, 265.61, 265.62, 265.63, 265.64 & 265.65, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S9145

2019-S2143A (ACTIVE) - Summary

2019-S2143A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2143A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE:

This bill addresses the growing threat posed by the manufacture,
possession, and sale of unregistered, untraceable guns and gun compo-
nents with no serial numbers (collectively known as "ghost guns") in New
York State.

 
SUMMARY OF PROVISIONS:

Section 1 amends the definition of "gunsmith" under section 265.00 of
the penal law to make clarifying changes.

Section 2 amends section 265.00 of the penal law to add new definitions
for the terms "unfinished firearm frame or receiver" and "ghost gun".

Section 3 adds a new subdivision 11 to section 265.02 of the penal law
to provide that a person is guilty of criminal possession of a weapon in
the third degree (a Class D felony) when a person possesses an unfin-
ished firearm frame or receiver or a ghost gun, with certain exceptions.

Section 4 adds a new section 265.07 to the penal law entitled "Registra-
tion and serialization of firearms, rifles, shotguns, and unfinished
firearm frames or receivers by gunsmiths". This section requires
gunsmiths to serialize any firearm, rifle, shotgun, or unfinished
firearm frame/receiver that they manufacture or assemble in a manner
that complies with federal requirements imposed on licensed importers
and manufacturers of firearms. It also requires gunsmiths to register
any firearm, rifle, shotgun, or unfinished firearm frame or receiver
they manufacture or assemble that would not otherwise be subject to
serialization and registration requirements under federal law with the
division of state police. Gunsmiths who violate this section would be
guilty of a Class C felony.

Section 5 adds a new subdivision 8 to section 265.10 of the penal law to
provide that any person other than a licensed gunsmith who assembles,
manufactures, or causes to be assembled or manufactured a firearm,
rifle, shotgun, or unfinished firearm frame or receiver is guilty of a
Class C felony.

Section 6 adds six new sections (265.60, 265.61, 265.62, 265.63, 265.64,
and 265.65) to the penal law to establish the crimes of criminal sale of
a ghost gun in the 3rd, 2nd, and 1" degrees (class D, C, and B felonies,
respectively) and criminal sale of an unfinished firearm frame or
receiver in the 3rd, 2nd, and 1" degrees (Class E, D, and C felonies,
respectively), with exceptions allowing surrender to law enforcement or
provision to gunsmiths for serialization.

Section 7 provides the effective date of the bill (120 days after enact-
ment into law).

 
JUSTIFICATION:

Though New York's gun control laws are among the strongest in the
nation, gun manufacturers continue to seek loopholes in both state and
federal law that would allow them to evade important requirements and
sell dangerous weapons to those seeking to use them to do harm.

New York's law enforcement community is increasingly sounding the alarm
about the need to address the proliferation of "ghost guns", which are
guns that are unregistered and do not have serial numbers, making them
extremely difficult for law enforcement to trace.

Law enforcement officials in Rochester, Albany, Syracuse, New York City,
and other jurisdictions have confirmed that they have either seized
ghost guns or have criminal cases pending involving ghost guns.

Some of these guns are made using 3D printers; others are advertised for
sale as "80% finished" and come with kits and instructions allowing
purchasers to make simple alterations to the firearm's frame or receiver
to complete the assembly of these deadly weapons. This allows purchasers
who have criminal records or others who would not pass a required feder-
al background check to evade those requirements and other laws requiring
frames and receivers to carry serial numbers.

The New York State Attorney General's Office recently issued cease and
desist orders to the operators of sixteen websites advertising unfin-
ished kits containing "nearly complete" assault weapons. Though the
Attorney General's commendable action is made possible because New York
State law prohibits the possession, sale, or manufacture of assault
rifles and certain other dangerous weapons, gaps in our law still exist
for firearms, rifles, and shotguns that do not fall under the definition
of an "assault weapon."

This loophole in gun control laws across the nation can have deadly
consequences. California has suffered numerous shootings involving ghost
guns over the past few years, several of which involved individuals with
criminal records or court orders that would have otherwise prevented
them from owning firearms.

New Jersey passed a law in 2018 to prohibit the manufacture of guns
using 3D printers or unserialized/unfinished firearm frames or receiv-
ers. New Jersey law enforcement officials have already made use of the
law, charging four defendants in March 2019 for smuggling parts from
Pennsylvania into New Jersey to be used to manufacture AR-15 style
assault rifles.

New York must take aggressive action against the growing threat that
ghost guns pose to the safety and well-being of its residents.

This bill would prohibit the possession of ghost guns and unfinished
firearm frames or receivers by anyone other than a licensed gunsmith,
prohibit the sale of unfinished firearm frames or receivers to anyone
other than a licensed gunsmith, prohibit the sale of ghost guns entire-
ly, and require anyone manufacturing or assembling a firearm in New York
to be a licensed gunsmith. It would also require New York gunsmiths to
serialize any firearms, rifles, shotguns, and unfinished firearm frames
or receivers they manufacture or assemble, and register those not other-
wise covered under federal law with. the Division of State Police.
 
LEGISLATIVE HISTORY:

2019: S.2143 (Hoylman) - Died in Codes

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after have
become a law. Effective immediately, the addition, amendment repeal of
any rule or regulation necessary for the implementation on its effective
date are authorized to be made on or before such date.

2019-S2143A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2143--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Subdivision 8 of  section  265.00  of  the  penal  law,  as
 amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
 follows:
   8. "Gunsmith" means any  person,  firm,  partnership,  corporation  or
 company  who engages in the business of repairing, altering, assembling,
 manufacturing,  cleaning,  polishing,  engraving  or  trueing,  or   who
 performs  any mechanical operation on, any firearm, large capacity ammu-
 nition feeding device or machine-gun.    "GUNSMITH"  SHALL  INCLUDE  ANY
 PERSON  WHO ASSEMBLES, MANUFACTURES, FABRICATES, BUILDS OR FITS TOGETHER
 THE COMPONENT PARTS OF A FIREARM, RIFLE OR SHOTGUN, REGARDLESS OF WHETH-
 ER THE FIREARM, RIFLE OR SHOTGUN IS INTENDED FOR PERSONAL  USE,  COMMER-
 CIAL SALE OR FOR ANY OTHER PURPOSE.
   §  2.  Section  265.00  of  the penal law is amended by adding two new
 subdivisions 31 and 32 to read as follows:
   31. "UNFINISHED FIREARM FRAME OR RECEIVER" MEANS A PIECE OF ANY  MATE-
 RIAL  THAT DOES NOT CONSTITUTE THE FRAME OR RECEIVER OF A FIREARM, RIFLE
 OR SHOTGUN BUT THAT HAS BEEN SHAPED OR FORMED IN ANY WAY FOR THE PURPOSE
 OF BECOMING THE FRAME OR RECEIVER OF A FIREARM, RIFLE  OR  SHOTGUN,  AND
 WHICH  MAY  READILY  BE MADE INTO A FUNCTIONAL FRAME OR RECEIVER THROUGH
 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
 
 MATERIAL  THAT  HAS HAD ITS SIZE OR EXTERNAL SHAPE ALTERED TO FACILITATE
 TRANSPORTATION OR STORAGE OR HAS HAD ITS CHEMICAL COMPOSITION ALTERED.
   32. "GHOST GUN" MEANS A FIREARM, RIFLE OR SHOTGUN THAT DOES NOT COMPLY
 WITH THE PROVISIONS OF SECTION 265.07 OF THIS ARTICLE AND IS NOT SERIAL-
 IZED  IN  ACCORDANCE WITH THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS
 AND LICENSED MANUFACTURERS PURSUANT TO SUBSECTION (I) OF SECTION 923  OF
 TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
 ETO,  EXCEPT  FOR ANTIQUE FIREARMS AS DEFINED IN SUBDIVISION FOURTEEN OF
 THIS SECTION, OR ANY FIREARM, RIFLE OR  SHOTGUN  MANUFACTURED  PRIOR  TO
 1968.
   §  3.  Subdivision  10 of section 265.02 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended and a new  subdivision  11  is
 added to read as follows:
   (10)  Such  person  possesses an unloaded firearm and also commits any
 violent felony offense as defined in subdivision one of section 70.02 of
 this chapter as part of the same criminal transaction[.]; OR
   (11) SUCH PERSON IS NOT A GUNSMITH DULY LICENSED PURSUANT  TO  SECTION
 400.00  OF  THIS  CHAPTER  AND  POSSESSES AN UNFINISHED FIREARM FRAME OR
 RECEIVER OR A GHOST GUN, PROVIDED THAT FOR A PERIOD OF SIX MONTHS  AFTER
 THE  EFFECTIVE DATE OF THIS SUBDIVISION, A PERSON SHALL NOT BE GUILTY OF
 CRIMINAL POSSESSION OF A WEAPON IN THE THIRD  DEGREE  WHEN  SUCH  PERSON
 POSSESSES  AN UNFINISHED FIREARM FRAME OR RECEIVER OR A GHOST GUN DURING
 THE PROCESS OF PROVIDING SUCH UNFINISHED FIREARM FRAME  OR  RECEIVER  OR
 GHOST GUN TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION 400.00 OF THIS
 CHAPTER  FOR  THE  PURPOSES  OF  HAVING SUCH UNFINISHED FIREARM FRAME OR
 RECEIVER OR GHOST GUN SERIALIZED  AND  REGISTERED  PURSUANT  TO  SECTION
 265.07 OF THIS CHAPTER.
   §  4.  The penal law is amended by adding a new section 265.07 to read
 as follows:
 § 265.07 REGISTRATION AND SERIALIZATION OF FIREARMS,  RIFLES,  SHOTGUNS,
            AND UNFINISHED FIREARM FRAMES OR RECEIVERS BY GUNSMITHS.
   (1)  A  GUNSMITH SHALL ENGRAVE, CAST, STAMP OR OTHERWISE CONSPICUOUSLY
 PLACE BOTH A UNIQUE SERIAL NUMBER AND HIS OR  HER  NAME  (OR  RECOGNIZED
 ABBREVIATION) ON ANY FIREARM, RIFLE, SHOTGUN OR UNFINISHED FIREARM FRAME
 OR RECEIVER THAT HE OR SHE MANUFACTURES, ASSEMBLES OR CAUSES TO BE MANU-
 FACTURED  OR ASSEMBLED AFTER THE EFFECTIVE DATE OF THIS SECTION, REGARD-
 LESS OF THE MANNER OF MANUFACTURING OR ASSEMBLY, IN A MANNER THAT SATIS-
 FIES OR EXCEEDS THE  REQUIREMENTS  IMPOSED  ON  LICENSED  IMPORTERS  AND
 LICENSED  MANUFACTURERS  PURSUANT  TO  SUBSECTION  (I) OF SECTION 923 OF
 TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
 ETO.
   (2) A GUNSMITH SHALL REGISTER WITH THE DIVISION OF  STATE  POLICE  ANY
 FIREARM,  RIFLE, SHOTGUN OR UNFINISHED FIREARM FRAME OR RECEIVER THAT HE
 OR SHE MANUFACTURES, ASSEMBLES OR CAUSES TO BE MANUFACTURED OR ASSEMBLED
 AFTER THE EFFECTIVE DATE OF THIS SECTION, REGARDLESS OF  THE  MANNER  OF
 MANUFACTURING  OR  ASSEMBLY,  THAT WOULD NOT OTHERWISE BE SUBJECT TO THE
 REQUIREMENTS IMPOSED ON LICENSED IMPORTERS  AND  LICENSED  MANUFACTURERS
 PURSUANT  TO  SUBSECTION  (I)  OF  SECTION 923 OF TITLE 18 OF THE UNITED
 STATES CODE AND REGULATIONS ISSUED PURSUANT THERETO. FOR  EACH  FIREARM,
 RIFLE,  SHOTGUN  OR  UNFINISHED FIREARM FRAME OR RECEIVER SO REGISTERED,
 RECORDS REFLECTING THE  IDENTITY  OF  THE  MANUFACTURING  OR  ASSEMBLING
 GUNSMITH AND THE SERIAL NUMBER OF SUCH FIREARM, RIFLE, SHOTGUN OR UNFIN-
 ISHED  FIREARM  FRAME  OR  RECEIVER  SHALL  BE INCLUDED IN THE STATEWIDE
 LICENSE AND RECORD DATABASE ESTABLISHED PURSUANT TO  SECTION  400.02  OF
 THIS CHAPTER.

 S. 2143--A                          3
 
   (3)  ANY  GUNSMITH  WHO  FAILS  TO  COMPLY WITH THE PROVISIONS OF THIS
 SECTION SHALL BE GUILTY OF A CLASS C FELONY.
   § 5. Section 265.10 of the penal law is amended by adding a new subdi-
 vision 8 to read as follows:
   8.  ANY PERSON OTHER THAN A GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER WHO  ASSEMBLES,  MANUFACTURES  OR  CAUSES  TO  BE
 ASSEMBLED  OR  MANUFACTURED,  A  FIREARM,  RIFLE,  SHOTGUN OR UNFINISHED
 FIREARM FRAME OR RECEIVER IS GUILTY OF A CLASS C FELONY.
   § 6. The penal law is amended  by  adding  six  new  sections  265.60,
 265.61, 265.62, 265.63, 265.64 and 265.65 to read as follows:
 § 265.60 CRIMINAL SALE OF A GHOST GUN IN THE THIRD DEGREE.
   1.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, A
 PERSON IS GUILTY OF CRIMINAL SALE OF A GHOST GUN  IN  THE  THIRD  DEGREE
 WHEN SUCH PERSON SELLS, EXCHANGES, GIVES OR DISPOSES OF A GHOST GUN.
   2. A PERSON SHALL NOT BE GUILTY OF CRIMINAL SALE OF A GHOST GUN IN THE
 THIRD DEGREE WHEN SUCH PERSON:
   (A) VOLUNTARILY SURRENDERS SUCH GHOST GUN TO ANY LAW ENFORCEMENT OFFI-
 CIAL  DESIGNATED PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDI-
 VISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (B) WITHIN SIX MONTHS  AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION,
 PROVIDES  SUCH GHOST GUN TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUN SERIAL-
 IZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF A GHOST GUN IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 265.61 CRIMINAL SALE OF A GHOST GUN IN THE SECOND DEGREE.
   1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION,  A
 PERSON  IS  GUILTY  OF CRIMINAL SALE OF A GHOST GUN IN THE SECOND DEGREE
 WHEN SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES OF FIVE OR MORE GHOST GUNS; OR
   (B) SELLS, EXCHANGES, GIVES OR DISPOSES OF A TOTAL  OF  FIVE  OR  MORE
 GHOST GUNS IN A PERIOD OF NOT MORE THAN ONE YEAR.
   2. A PERSON SHALL NOT BE GUILTY OF CRIMINAL SALE OF A GHOST GUN IN THE
 SECOND DEGREE WHEN SUCH PERSON:
   (A)  VOLUNTARILY  SURRENDERS  SUCH  GHOST  GUNS TO ANY LAW ENFORCEMENT
 OFFICIAL DESIGNATED PURSUANT TO SUBPARAGRAPH (F)  OF  PARAGRAPH  ONE  OF
 SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (B)  WITHIN  SIX  MONTHS  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION,
 PROVIDES SUCH GHOST GUNS TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUNS  SERI-
 ALIZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF A GHOST GUN IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 265.62 CRIMINAL SALE OF A GHOST GUN IN THE FIRST DEGREE.
   1.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, A
 PERSON IS GUILTY OF CRIMINAL SALE OF A GHOST GUN  IN  THE  FIRST  DEGREE
 WHEN SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES OF TEN OR MORE GHOST GUNS; OR
   (B)  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF A TOTAL OF TEN OR MORE
 GHOST GUNS IN A PERIOD OF NOT MORE THAN ONE YEAR.
   2. A PERSON SHALL NOT BE GUILTY OF CRIMINAL SALE OF A GHOST GUN IN THE
 FIRST DEGREE IF SUCH PERSON:
   (A) VOLUNTARILY SURRENDERS SUCH GHOST  GUNS  TO  ANY  LAW  ENFORCEMENT
 OFFICIAL  DESIGNATED  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
 SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (B) WITHIN SIX MONTHS  AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION,
 PROVIDES SUCH GHOST GUNS TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION

 S. 2143--A                          4
 
 400.00  OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUNS SERI-
 ALIZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF A GHOST GUN IN THE FIRST DEGREE IS A CLASS B FELONY.
 § 265.63 CRIMINAL SALE OF AN UNFINISHED FIREARM FRAME OR RECEIVER IN THE
            THIRD DEGREE.
   1.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, A
 PERSON IS GUILTY OF CRIMINAL SALE OF  AN  UNFINISHED  FIREARM  FRAME  OR
 RECEIVER IN THE THIRD DEGREE WHEN SUCH PERSON SELLS, EXCHANGES, GIVES OR
 DISPOSES OF AN UNFINISHED FIREARM FRAME OR RECEIVER.
   2.  A  PERSON  SHALL  NOT  BE GUILTY OF CRIMINAL SALE OF AN UNFINISHED
 FIREARM FRAME OR RECEIVER IN THE THIRD DEGREE IF SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES  OF  SUCH  UNFINISHED  FIREARM
 FRAME OR RECEIVER TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION 400.00
 OF THIS CHAPTER;
   (B)  VOLUNTARILY  SURRENDERS SUCH UNFINISHED FIREARM FRAME OR RECEIVER
 TO ANY LAW ENFORCEMENT OFFICIAL DESIGNATED PURSUANT TO SUBPARAGRAPH  (F)
 OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (C)  WITHIN  SIX  MONTHS  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION,
 PROVIDES SUCH UNFINISHED FIREARM FRAME OR RECEIVER TO  A  GUNSMITH  DULY
 LICENSED  PURSUANT TO SECTION 400.00 OF THIS CHAPTER FOR THE PURPOSES OF
 HAVING SUCH UNFINISHED FIREARM FRAME OR RECEIVER SERIALIZED  AND  REGIS-
 TERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL  SALE OF AN UNFINISHED FIREARM FRAME OR RECEIVER IN THE THIRD
 DEGREE IS A CLASS E FELONY.
 § 265.64 CRIMINAL SALE OF AN UNFINISHED FIREARM FRAME OR RECEIVER IN THE
            SECOND DEGREE.
   1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION,  A
 PERSON  IS  GUILTY  OF  CRIMINAL  SALE OF AN UNFINISHED FIREARM FRAME OR
 RECEIVER IN THE SECOND DEGREE WHEN SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES OF  FIVE  OR  MORE  UNFINISHED
 FIREARM FRAMES OR RECEIVERS; OR
   (B)  SELLS,  EXCHANGES,  GIVES  OR DISPOSES OF A TOTAL OF FIVE OR MORE
 UNFINISHED FIREARM FRAMES OR RECEIVERS IN A PERIOD OF NOT MORE THAN  ONE
 YEAR.
   2.  A  PERSON  SHALL  NOT  BE GUILTY OF CRIMINAL SALE OF AN UNFINISHED
 FIREARM FRAME OR RECEIVER IN THE SECOND DEGREE IF SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES  OF  SUCH  UNFINISHED  FIREARM
 FRAMES  OR  RECEIVERS  TO  A  GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER;
   (B) VOLUNTARILY SURRENDERS SUCH UNFINISHED FIREARM FRAMES OR RECEIVERS
 TO ANY LAW ENFORCEMENT OFFICIAL DESIGNATED PURSUANT TO SUBPARAGRAPH  (F)
 OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (C)  WITHIN  SIX  MONTHS  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION,
 PROVIDES SUCH UNFINISHED FIREARM FRAMES OR RECEIVERS TO A GUNSMITH  DULY
 LICENSED  PURSUANT TO SECTION 400.00 OF THIS CHAPTER FOR THE PURPOSES OF
 HAVING SUCH UNFINISHED FIREARM FRAMES OR RECEIVERS SERIALIZED AND REGIS-
 TERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF AN UNFINISHED FIREARM FRAME OR RECEIVER IN THE SECOND
 DEGREE IS A CLASS D FELONY.
 § 265.65 CRIMINAL SALE OF AN UNFINISHED FIREARM FRAME OR RECEIVER IN THE
            FIRST DEGREE.
   1. A PERSON IS GUILTY OF CRIMINAL SALE OF AN UNFINISHED FIREARM  FRAME
 OR RECEIVER IN THE FIRST DEGREE WHEN SUCH PERSON:
   (A)  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF TEN OR MORE UNFINISHED
 FIREARM FRAMES OR RECEIVERS; OR

 S. 2143--A                          5
 
   (B) SELLS, EXCHANGES, GIVES OR DISPOSES OF A  TOTAL  OF  TEN  OR  MORE
 UNFINISHED  FIREARM FRAMES OR RECEIVERS IN A PERIOD OF NOT MORE THAN ONE
 YEAR.
   2.  A  PERSON  SHALL  NOT  BE GUILTY OF CRIMINAL SALE OF AN UNFINISHED
 FIREARM FRAME OR RECEIVER IN THE FIRST DEGREE IF SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES, OR DISPOSES OF  SUCH  UNFINISHED  FIREARM
 FRAMES  OR  RECEIVERS  TO  A  GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER;
   (B) VOLUNTARILY SURRENDERS SUCH UNFINISHED FIREARM FRAMES OR RECEIVERS
 TO ANY LAW ENFORCEMENT OFFICIAL DESIGNATED PURSUANT TO SUBPARAGRAPH  (F)
 OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (C)  WITHIN  SIX  MONTHS  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION,
 PROVIDES SUCH UNFINISHED FIREARM FRAMES OR RECEIVERS TO A GUNSMITH  DULY
 LICENSED  PURSUANT TO SECTION 400.00 OF THIS CHAPTER FOR THE PURPOSES OF
 HAVING SUCH UNFINISHED FIREARM FRAMES OR RECEIVERS SERIALIZED AND REGIS-
 TERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF AN UNFINISHED FIREARM FRAME OR RECEIVER IN THE  FIRST
 DEGREE IS A CLASS C FELONY.
   § 7. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S2143A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2019-S2143 - Details

2019-S2143 - Summary

2019-S2143 - Sponsor Memo

2019-S2143 - Bill Text download pdf

co-Sponsors

2019-S2143A (ACTIVE) - Details

2019-S2143A (ACTIVE) - Summary

2019-S2143A (ACTIVE) - Sponsor Memo

2019-S2143A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2143A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2019-S2143 - Details

2019-S2143 - Summary

2019-S2143 - Sponsor Memo

2019-S2143 - Bill Text download pdf

co-Sponsors

2019-S2143A (ACTIVE) - Details

2019-S2143A (ACTIVE) - Summary

2019-S2143A (ACTIVE) - Sponsor Memo

2019-S2143A (ACTIVE) - Bill Text download pdf

Comments