NY State Senate Bill 2019-S6716

Senate Bill S6716

2019-2020 Legislative Session

Relates to unfinished frames and receivers

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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
Sep 13, 2019	referred to rules

co-Sponsors

2019-S6716 (ACTIVE) - Details

See Assembly Version of this Bill:: A8650
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.20 & 265.01, add §265.07, Pen L
Versions Introduced in 2021-2022 Legislative Session:: A2571

2019-S6716 (ACTIVE) - Summary

Relates to unfinished frames and receivers; establishes the crime of criminal sale of an unfinished frame or receiver.

2019-S6716 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6716               REVISED 09/17/19

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the penal law, in relation to unfin-
ished frames and receivers

 
PURPOSE:

This legislation would prohibit the possession of unfinished receivers
by anyone other than a gunsmith.

 
SUMMARY OF PROVISIONS:

Section 1 amends the definition of gunsmith as found in Subdivision 8 of
section 265.00 of the penal law to include additional language related
to the assembling, manufacturing, fabricating, building, or fitting
together the component parts of a firearm, rifle or shotgun.

Section 2 Amends the opening paragraph of subdivision a of section
265.20 of the penal law to include a new section of law to be covered by
this section as created under this legislation.

Section 3 Creates the definition of unfinished frame or receiver, which
means a frame or receiver of a firearm, rifle, or shotgun whose fire
control cavity is completely solid and un-machined, and which may readi-
ly be made into a functional frame or receiver through milling, drilling
or other means.

Section 4 Adds to section 265.01 of the penal law, a new crime for
possession of an unfinished frame or receiver. This is a class A Misde-
meanor.

Section 5 creates a new section of Penal Law 265.07 which constitutes
the crime of criminal sale of an unfinished frame or receiver, a Class E
felony. A person is guilty of this crime when they sell, exchanges,
gives, disposes of, purchases, or otherwise obtains an unfinished frame
or receiver.

Section 6 is the effective date.

 
JUSTIFICATION:

In 2014 John Zawahri failed to pass a background check, but purchased an
unfinished receiver. This man then transformed it into a semiautomatic
weapon and killed 5 people, before being fatally shot. Last year alone
in the City of Syracuse police seized 15 ghost guns in a 6 month time-
frame. So far in 2019, another 6 have come into their possession. Earli-
er in 2019 an individual was arrested for manufacturing dozens of hand-
guns and assault rifles and sold them to a group of individuals, many of
which were convicted felons and would not pass background checks.

Unfinished receivers, also called lowers or blanks are used to form the
lower part of a firearm. An individual can use an unfinished receiver to
circumvent gun laws by making their own semiautomatic weapon at home.
These unfinished receivers can be turned into a firearm incredibly easi-
ly; all that is required is for an individual to drill holes in the
unfinished receiver, well out other areas of the unfinished receiver,
and then combine with the other pieces needed to make a fully function-
ing semiautomatic weapon. A skilled individual can assemble an opera-
tional semi-automatic firearm using a lower in under an hour, someone
with little experience watching a YouTube video, can using a lower make
a semi-automatic weapon in only a slightly longer time.

Unfinished receivers are not tracked, and it is unknown exactly how many
of them have been finished into weapons. Because these weapons are made
at home, they contain no serial number and are untraceable.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act shall take effect 180 days after having become a law.

2019-S6716 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6716
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 13, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in  relation  to  unfinished  frames  and
   receivers
 
   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  AND SHALL ALSO INCLUDE ASSEMBLING,
 MANUFACTURING, FABRICATING, BUILDING, OR FITTING TOGETHER THE  COMPONENT
 PARTS OF A FIREARM, RIFLE OR SHOTGUN, REGARDLESS OF WHETHER THE FIREARM,
 RIFLE  OR  SHOTGUN IS INTENDED FOR PERSONAL USE, COMMERCIAL SALE, OR ANY
 OTHER PURPOSE.
   § 2. The opening paragraph of subdivision a of section 265.20  of  the
 penal  law, as separately amended by chapters 130 and 134 of the laws of
 2019, is 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, 265.01-c, 265.02,
 265.03, 265.04, 265.05, 265.07, 265.10, 265.11, 265.12, 265.13,  265.15,
 265.36, 265.37 and 270.05 shall not apply to:
   § 3. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 31 to read as follows:
   31.  "UNFINISHED  FRAME  OR  RECEIVER"  MEANS A FRAME OR RECEIVER OF A
 FIREARM, RIFLE OR SHOTGUN WHOSE FIRE-CONTROL CAVITY IS COMPLETELY  SOLID
 AND  UN-MACHINED,  AND WHICH MAY READILY BE MADE INTO A FUNCTIONAL FRAME
 OR RECEIVER THROUGH MILLING, DRILLING OR OTHER MEANS  AND  INCLUDES  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13798-02-9

 S. 6716                             2
 
 OTHER  OBJECT,  PART  OR  COMBINATION OF PARTS WHICH IS NOT A FUNCTIONAL
 FRAME OR RECEIVER BUT IS DESIGNED  OR  INTENDED  TO  BE  USED  FOR  THAT
 PURPOSE AND CAN BE READILY MADE INTO A FUNCTIONAL FRAME OR RECEIVER.
   § 4. Section 265.01 of the penal law is amended by adding a new subdi-
 vision 9 to read as follows:
   (9) HE OR SHE POSSESSES AN UNFINISHED FRAME OR RECEIVER.
   §  5.  The penal law is amended by adding a new section 265.07 to read
 as follows:
 § 265.07 CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER.
   A PERSON IS GUILTY OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER
 WHEN HE OR SHE SELLS,  EXCHANGES,  GIVES,  DISPOSES  OF,  PURCHASES,  OR
 OTHERWISE OBTAINS AN UNFINISHED FRAME OR RECEIVER.
   CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IS A CLASS E FELONY.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided however that if section 3 of chap-
 ter 134 of the laws of 2019 is not in effect on such date  then  section
 two  of  this  act  shall  take  effect on the same date and in the same
 manner as section 3 of chapter 134 of the laws of 2019 takes effect.

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Senate Bill S6716

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Sponsored By

Anna M. Kaplan