Assembly Bill A8786

Signed By Governor
2021-2022 Legislative Session

Criminalizes the sale of ghost guns

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7705 - Signed by Governor

  • 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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2021-A8786 (ACTIVE) - Details

See Senate Version of this Bill:
S7705
Law Section:
Penal Law
Laws Affected:
Amd §§265.01 & 265.07, Pen L (as proposed in S.14-A & A.613-A)

2021-A8786 (ACTIVE) - Summary

Criminalizes the sale of ghost guns; requires any person licensed as a gunsmith or a dealer in firearms to register with the division of criminal justice services any unserialized firearm, rifle or shotgun, finished frame or receiver, or unfinished frame or receiver.

2021-A8786 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8786
 
                           I N  A S S E M B L Y
 
                             January 12, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to criminalizing the sale  of
   ghost guns
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 9 of section 265.01 of the penal law, as  added
 by  a  chapter  of  the  laws of 2021 amending the penal law relating to
 enacting the Jose Webster  untraceable  firearms  act,  as  proposed  in
 legislative  bills  numbers  S. 14-A and A. 613-A, is amended to read as
 follows:
   (9) Such person is not [required to  be  a  gunsmith]  licensed  AS  A
 GUNSMITH  OR  A  DEALER  IN  FIREARMS pursuant to section 400.00 of this
 chapter and, knowing it is a ghost gun, such person  possesses  a  ghost
 gun,  provided  that a person shall not be guilty under this subdivision
 when he or she  (a) voluntarily surrenders such ghost  gun  to  any  law
 enforcement  official  designated  pursuant to subparagraph (f) of para-
 graph one of subdivision (a) of section 265.20 of this article;  or  (b)
 for  a  period  of  six  months after the effective date of this section
 possesses a ghost gun prior to serialization and  registration  of  such
 ghost gun pursuant to section 265.07 of this article.
   §  2.  Section  265.07  of the penal law, as added by a chapter of the
 laws of 2021 amending the  penal  law  relating  to  enacting  the  Jose
 Webster  untraceable  firearms  act,  as  proposed  in legislative bills
 numbers S.  14-A and A. 613-A, is amended to read as follows:
 § 265.07 Registration and serialization of firearms,  rifles,  shotguns,
            finished  frames  or  receivers,  and  unfinished  frames  or
            receivers.
   (1) For the purposes of this section, "unfinished frame  or  receiver"
 means  any  UNSERIALIZED  material 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 func-
 tional frame or receiver through milling, drilling or other means.  [The

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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