S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10557
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law and the general business law, in  relation
   to requiring firearms, rifles and shotguns to be manufactured or modi-
   fied  to  be  permanently  incompatible with a rapid-fire modification
   device
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2 and 3 of section 265.10 of the penal law,
 subdivisions  1  and 2 as separately amended by chapters 34, 130 and 146
 and subdivision 3 as amended by chapter 130 of the  laws  of  2019,  are
 amended to read as follows:
   1.  Any  person  who  manufactures  or  causes  to be manufactured any
 machine-gun, assault weapon, large capacity ammunition feeding device or
 disguised gun is guilty of a class D felony. Any person who manufactures
 or causes to be manufactured any rapid-fire modification device is guil-
 ty of a class E felony. ANY PERSON WHO  MANUFACTURES  OR  CAUSES  TO  BE
 MANUFACTURED A FIREARM, RIFLE OR SHOTGUN THAT IS NOT MADE OR MODIFIED TO
 BE  PERMANENTLY  INCOMPATIBLE  WITH  A RAPID-FIRE MODIFICATION DEVICE IS
 GUILTY OF A CLASS E FELONY. Any person who manufactures or causes to  be
 manufactured any switchblade knife, pilum ballistic knife, metal knuckle
 knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles,
 metal  knuckles,  Kung Fu star, chuka stick, sandbag, sandclub or slung-
 shot is guilty of a class A misdemeanor.
   2. Any person who transports or ships any machine-gun, firearm silenc-
 er, assault weapon  or  large  capacity  ammunition  feeding  device  or
 disguised  gun,  or  who transports or ships as merchandise five or more
 firearms, is guilty of a class D felony. Any person  who  transports  or
 ships  any rapid-fire modification device is guilty of a class E felony.
 ANY PERSON WHO TRANSPORTS OR SHIPS ANY FIREARM, RIFLE OR SHOTGUN THAT IS
 NOT MADE OR MODIFIED TO BE PERMANENTLY INCOMPATIBLE  WITH  A  RAPID-FIRE
 MODIFICATION DEVICE IS GUILTY OF A CLASS E FELONY. Any person who trans-
 ports or ships as merchandise any firearm, other than an assault weapon,
 switchblade  knife,  pilum  ballistic  knife, undetectable knife, billy,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15776-01-2
 A. 10557                            2
 
 blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu  star,
 chuka stick, sandbag or slungshot is guilty of a class A misdemeanor.
   3.  Any  person who disposes of any machine-gun, assault weapon, large
 capacity ammunition feeding device or firearm silencer is  guilty  of  a
 class  D  felony. Any person who disposes of any rapid-fire modification
 device is guilty of a class E felony.  ANY PERSON WHO  DISPOSES  OF  ANY
 FIREARM, RIFLE OR SHOTGUN THAT IS NOT MADE OR MODIFIED TO BE PERMANENTLY
 INCOMPATIBLE  WITH A RAPID-FIRE MODIFICATION DEVICE IS GUILTY OF A CLASS
 E FELONY. Any person who  knowingly  buys,  receives,  disposes  of,  or
 conceals  a  machine-gun,  firearm,  large  capacity  ammunition feeding
 device, rifle or shotgun which has  been  defaced  for  the  purpose  of
 concealment or prevention of the detection of a crime or misrepresenting
 the  identity  of  such  machine-gun, firearm, large capacity ammunition
 feeding device, rifle or shotgun is guilty of a class D felony.
   § 2. Section 265.01-c of the penal law, as added by chapter 130 of the
 laws of 2019, is amended to read as follows:
 § 265.01-c Criminal possession of a rapid-fire modification device.
   A person is guilty of criminal possession of a rapid-fire modification
 device when he or she knowingly possesses any (1)  rapid-fire  modifica-
 tion  device; OR (2) FIREARM, RIFLE OR SHOTGUN THAT IS NOT MADE OR MODI-
 FIED TO BE  PERMANENTLY  INCOMPATIBLE  WITH  A  RAPID-FIRE  MODIFICATION
 DEVICE.
   Criminal  possession  of a rapid-fire modification device is a class A
 misdemeanor.
   § 3. Subdivision 26 of section 265.00 of the penal law,  as  added  by
 chapter 130 of the laws of 2019, is amended to read as follows:
   26.  "Rapid-fire  modification  device"  means any bump stock, trigger
 crank, binary trigger system, burst trigger system, or any other  device
 that  is designed (A) to accelerate the rate of fire of a semi-automatic
 firearm, rifle or shotgun; OR (B) FOR USE IN CONVERTING A FIREARM, RIFLE
 OR SHOTGUN TO SHOOT AUTOMATICALLY MORE THAN  ONE  SHOT,  WITHOUT  MANUAL
 RELOADING, BY A SINGLE FUNCTION OF THE TRIGGER.
   §  4. The general business law is amended by adding a new section 369-
 eee to read as follow:
   § 396-EEE. RECALL OF CERTAIN WEAPONS; RAPID-FIRE MODIFICATION. 1.  ANY
 MANUFACTURER OF FIREARMS, RIFLES, AND/OR SHOTGUNS SHALL MODIFY, OR CAUSE
 TO  BE  MODIFIED, ANY FIREARM, RIFLE OR SHOTGUN MANUFACTURED AND/OR SOLD
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, TO BE PERMANENTLY INCOMPAT-
 IBLE WITH A RAPID-FIRE MODIFICATION DEVICE, AT  NO  COST  TO  THE  OWNER
 AND/OR DEALER OF SUCH FIREARM, RIFLE OR SHOTGUN. SUCH MANUFACTURER SHALL
 RETURN,  OR  CAUSE TO BE RETURNED, SUCH FIREARM, RIFLE OR SHOTGUN TO THE
 LEGAL OWNER AND/OR DEALER WITHIN THIRTY DAYS OF THE COMPLETION  OF  SUCH
 MODIFICATION PURSUANT TO THIS SUBDIVISION.
   2.  MANUFACTURERS OF FIREARMS, RIFLES AND/OR SHOTGUNS SHALL MAKE EVERY
 REASONABLE EFFORT TO NOTIFY  OWNERS  AND  DEALERS  OF  FIREARMS,  RIFLES
 AND/OR  SHOTGUNS  IN  THIS STATE OF A MANDATORY RECALL OF SUCH FIREARMS,
 RIFLES AND SHOTGUNS TO A NEW  YORK  STATE  DEALER  OF  FIREARMS,  RIFLES
 AND/OR  SHOTGUNS TO MAKE THE MODIFICATIONS REQUIRED PURSUANT TO SUBDIVI-
 SION ONE OF THIS SECTION.
   3. "RAPID-FIRE MODIFICATION DEVICE"  MEANS  ANY  BUMP  STOCK,  TRIGGER
 CRANK,  BINARY TRIGGER SYSTEM, BURST TRIGGER SYSTEM, OR ANY OTHER DEVICE
 THAT IS DESIGNED (A) TO ACCELERATE THE RATE OF FIRE OF A  SEMI-AUTOMATIC
 FIREARM, RIFLE OR SHOTGUN; OR (B) FOR USE IN CONVERTING A FIREARM, RIFLE
 OR  SHOTGUN  TO  SHOOT  AUTOMATICALLY MORE THAN ONE SHOT, WITHOUT MANUAL
 RELOADING, BY A SINGLE FUNCTION OF THE TRIGGER.
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   § 5. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a  law;  provided,  however
 that  sections one, two and three of this act shall take effect one year
 after such date.