S T A T E   O F   N E W   Y O R K
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                                   13--A
     Cal. No. 311
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, HOYLMAN, BIAGGI, BROOKS, COONEY, GAUGHRAN,
   GOUNARDES, JACKSON, KAVANAGH, LIU, MAY, STAVISKY, THOMAS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Codes -- reported favorably from said committee  and  committed  to
   the  Committee  on  Rules  --  reported favorably from said committee,
   ordered to a third reading, passed by  Senate  and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT  to  amend  the penal law, in relation to enacting the "Scott J.
   Beigel unfinished receiver act" in relation to  unfinished  frames  or
   receivers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "Scott  J.
 Beigel unfinished receiver act".
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 32 to read as follows:
   32.  "UNFINISHED  FRAME  OR RECEIVER" MEANS ANY 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 FUNCTIONAL FRAME OR RECEIVER THROUGH MILLING, DRILLING OR
 OTHER MEANS. THE TERM SHALL NOT INCLUDE MATERIAL THAT HAS HAD  ITS  SIZE
 OR EXTERNAL SHAPE ALTERED TO FACILITATE TRANSPORTATION OR STORAGE OR HAS
 HAD ITS CHEMICAL COMPOSITION ALTERED.
   §  3.  Section  265.01  of  the penal law is amended by adding two new
 subdivisions 9 and 10 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03225-03-1

 S. 13--A                            2
 
   (9) SUCH PERSON POSSESSES A MAJOR COMPONENT OF A  FIREARM,  RIFLE,  OR
 SHOTGUN AND SUCH PERSON IS PROHIBITED FROM POSSESSING A SHOTGUN OR RIFLE
 PURSUANT TO:
   (I) THIS ARTICLE;
   (II)  SUBSECTION  (G)  OF SECTION 922 OF TITLE 18 OF THE UNITED STATES
 CODE; OR
   (III) A TEMPORARY OR FINAL EXTREME RISK PROTECTION ORDER ISSUED  UNDER
 ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES; OR
   (10) SUCH PERSON IS NOT REQUIRED TO BE A GUNSMITH LICENSED PURSUANT TO
 SECTION 400.00 OF THIS CHAPTER AND, KNOWING IT IS AN UNFINISHED FRAME OR
 RECEIVER,  SUCH  PERSON  POSSESSES  AN  UNFINISHED  FRAME  OR  RECEIVER,
 PROVIDED THAT FOR A PERIOD OF SIX MONTHS AFTER  THE  EFFECTIVE  DATE  OF
 THIS  SUBDIVISION,  A  PERSON SHALL NOT BE GUILTY UNDER THIS SUBDIVISION
 WHEN SUCH PERSON:  (A) VOLUNTARILY SURRENDERS SUCH UNFINISHED  FRAME  OR
 RECEIVER TO ANY LAW ENFORCEMENT OFFICIAL DESIGNATED PURSUANT TO SUBPARA-
 GRAPH  (F) OF PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION 265.20 OF THIS
 ARTICLE; OR (B) POSSESSES SUCH UNFINISHED FRAME  OR  RECEIVER  PRIOR  TO
 SERIALIZATION  OF  SUCH  UNFINISHED FRAME OR RECEIVER IN ACCORDANCE WITH
 THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS AND LICENSED  MANUFACTUR-
 ERS  PURSUANT TO SUBSECTION (I) OF SECTION 923 OF TITLE 18 OF THE UNITED
 STATES CODE AND REGULATIONS ISSUED PURSUANT THERETO, EXCEPT FOR  ANTIQUE
 FIREARMS  AS  DEFINED  IN SUBDIVISION FOURTEEN OF SECTION 265.00 OF THIS
 ARTICLE,  AS ADDED BY CHAPTER NINE HUNDRED EIGHTY-SIX  OF  THE  LAWS  OF
 NINETEEN HUNDRED SEVENTY-FOUR, OR ANY FIREARM, RIFLE OR SHOTGUN MANUFAC-
 TURED PRIOR TO NINETEEN HUNDRED SIXTY-EIGHT.
   §  4.  The  penal law is amended by adding two new sections 265.63 and
 265.64 to read as follows:
 § 265.63 CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE  SECOND
            DEGREE.
   A PERSON IS GUILTY OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER
 IN  THE SECOND DEGREE WHEN, KNOWING IT IS AN UNFINISHED FRAME OR RECEIV-
 ER, SUCH PERSON UNLAWFULLY SELLS, EXCHANGES, GIVES  OR  DISPOSES  OF  AN
 UNFINISHED  FRAME  OR RECEIVER, PROVIDED THAT FOR A PERIOD OF SIX MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, A PERSON SHALL NOT  BE  GUILTY
 OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE SECOND DEGREE
 IF  SUCH  PERSON:    (A) VOLUNTARILY SURRENDERS SUCH UNFINISHED FRAME OR
 RECEIVER TO ANY LAW ENFORCEMENT OFFICIAL DESIGNATED PURSUANT TO SUBPARA-
 GRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION 265.20 OF  THIS
 ARTICLE;  OR (B) SELLS, EXCHANGES, GIVES, OR DISPOSES OF SUCH UNFINISHED
 FRAME OR RECEIVER TO A GUNSMITH LICENSED PURSUANT TO SECTION  400.00  OF
 THIS CHAPTER.
   CRIMINAL  SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE SECOND DEGREE
 IS A CLASS E FELONY.
 § 265.64 CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN  THE  FIRST
            DEGREE.
   A PERSON IS GUILTY OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER
 IN  THE FIRST DEGREE WHEN, KNOWING THEY ARE UNFINISHED FRAMES OR RECEIV-
 ERS, SUCH PERSON UNLAWFULLY SELLS, EXCHANGES, GIVES  OR  DISPOSES  OF  A
 TOTAL  OF  TEN OR MORE UNFINISHED FRAMES OR RECEIVERS IN A PERIOD OF NOT
 MORE THAN ONE YEAR, PROVIDED THAT FOR A PERIOD OF SIX MONTHS  AFTER  THE
 EFFECTIVE DATE OF THIS SECTION, A PERSON SHALL NOT BE GUILTY OF CRIMINAL
 SALE  OF  AN  UNFINISHED  FRAME  OR RECEIVER IN THE FIRST DEGREE IF SUCH
 PERSON:  (A) VOLUNTARILY SURRENDERS SUCH UNFINISHED 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  (B) SELLS, EXCHANGES, GIVES OR DISPOSES OF SUCH UNFINISHED FRAMES OR

 S. 13--A                            3
 
 RECEIVERS TO A GUNSMITH LICENSED PURSUANT  TO  SECTION  400.00  OF  THIS
 CHAPTER.
   CRIMINAL  SALE  OF AN UNFINISHED FRAME OR RECEIVER IN THE FIRST DEGREE
 IS A CLASS D FELONY.
   § 5. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment  shall not affect, impair or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence, paragraph, section or part thereof directly  involved  in  the
 controversy in which such judgment shall have been rendered.
   § 6. 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.