S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1772
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to unlawful dissemination or
   publication of files or instructions for the digital manufacture of  a
   firearm or components
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 265.67  to
 read as follows:
 § 265.67 UNLAWFUL  DISSEMINATION OR PUBLICATION OF FILES OR INSTRUCTIONS
            FOR THE DIGITAL MANUFACTURE OF A FIREARM OR COMPONENTS.
   1. A PERSON IS GUILTY OF  UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF
 FILES OR INSTRUCTIONS FOR THE DIGITAL MANUFACTURE OF A FIREARM OR COMPO-
 NENTS WHEN:
   (A)  HE OR SHE DISSEMINATES OR PUBLISHES FILES OR INSTRUCTIONS FOR THE
 DIGITAL MANUFACTURE OF A FIREARM OR COMPONENTS WITHOUT BEING LICENSED AS
 A GUNSMITH OR DEALER IN FIREARMS UNDER  ARTICLE  FOUR  HUNDRED  OF  THIS
 CHAPTER; OR
   (B)  HE OR SHE DISSEMINATES OR PUBLISHES FILES OR INSTRUCTIONS FOR THE
 DIGITAL MANUFACTURE OF A FIREARM  OR  COMPONENTS  WITHOUT  PERFORMING  A
 BACKGROUND  CHECK  ON  THE  PURCHASER OR DOWNLOADER OF SUCH INSTRUCTIONS
 THROUGH THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS), OR
 ITS SUCCESSOR.
   2. FOR PURPOSES OF THIS SECTION "FIREARM" MEANS THE  SAME  AS  SECTION
 265.00 OF THIS ARTICLE.
   3.  FOR  PURPOSES OF THIS SECTION "DIGITAL MANUFACTURE OF A FIREARM OR
 COMPONENTS" MEANS THE PRODUCTION OF ANY FIREARM OR THE  MAJOR  COMPONENT
 OF  A  FIREARM, RIFLE OR SHOTGUN USING ADDITIVE MANUFACTURING OR DIGITAL
 MANUFACTURING TECHNOLOGIES  INCLUDING,  BUT  NOT  LIMITED  TO,  COMPUTER
 NUMERICAL  CONTROL  MILLS, THREE-DIMENSIONAL PRINTERS, AND LASER CUTTING
 MACHINES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03304-01-3
              

 A. 1772                             2
 
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE PROTECTIONS THAT 47 U.S.C § 230 CONFERS ON AN  INTERACTIVE  COMPUTER
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF FILES OR INSTRUCTIONS FOR THE
 DIGITAL MANUFACTURE OF A FIREARM OR COMPONENTS IS A CLASS C FELONY.
   §  2.  Subdivision 3 of section 265.00 of the penal law, as amended by
 chapter 211 of the laws of 2022, is amended to read as follows:
   3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
 one or more barrels less than eighteen inches in length; or (c) a  rifle
 having  one  or  more barrels less than sixteen inches in length; or (d)
 any weapon made from a shotgun or rifle whether by alteration, modifica-
 tion, or otherwise if such weapon as altered, modified, or otherwise has
 an overall length of less than twenty-six  inches;  or  (e)  an  assault
 weapon;  or  (f)  A  DIGITALLY  MANUFACTURED  FIREARM  OR COMPONENT OF A
 FIREARM, RIFLE OR SHOTGUN AS DEFINED IN SECTION 265.67 OF THIS  ARTICLE;
 OR  (G)  any  other weapon that is not otherwise defined in this section
 containing any component that provides housing or a  structure  designed
 to  hold  or integrate any fire control component that is designed to or
 may readily be converted to expel a projectile by action  of  explosive.
 For  the purpose of this subdivision the length of the barrel on a shot-
 gun or rifle shall be determined by measuring the distance  between  the
 muzzle  and  the face of the bolt, breech, or breechlock when closed and
 when the shotgun or rifle is cocked; the overall length of a weapon made
 from a shotgun or rifle is the distance between the extreme ends of  the
 weapon  measured  along  a line parallel to the center line of the bore.
 Firearm does not include an antique firearm.
   § 3. This act shall take effect immediately.