S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8454
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. STECK, DINOWITZ -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, the general business law and  the  execu-
   tive law, in relation to requiring firearms, rifles and shotguns to be
   manufactured  or modified 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13922-01-3
              

 A. 8454                             2
 
 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,
 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-
 fff to read as follow:
   §  396-FFF. 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
 A. 8454                             3
 
 OR SHOTGUN TO SHOOT AUTOMATICALLY MORE THAN  ONE  SHOT,  WITHOUT  MANUAL
 RELOADING, BY A SINGLE FUNCTION OF THE TRIGGER.
   §  5. The executive law is amended by adding a new section 236 to read
 as follows:
   § 236. PUBLIC AWARENESS; RAPID-FIRE MODIFICATION DEVICES. WITHIN NINE-
 TY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, THE SUPERINTENDENT
 SHALL ESTABLISH AND MAINTAIN A PUBLIC AWARENESS CAMPAIGN TO EDUCATE  THE
 PUBLIC  REGARDING RAPID-FIRE MODIFICATION DEVICES AS DEFINED IN SUBDIVI-
 SION TWENTY-SIX OF SECTION 265.00 OF THE PENAL LAW. SUCH CAMPAIGN SHALL,
 AT A MINIMUM, INCLUDE INFORMATION TO ASSIST THE  PUBLIC  IN  RECOGNIZING
 THE  RELEVANT  FEATURES  OF  SUCH MODIFICATION DEVICES, THE DANGERS SUCH
 MODIFICATION DEVICES PRESENT TO THE PUBLIC, THE CURRENT  LAWS  REGARDING
 SUCH MODIFICATION DEVICES AND ANY ADDITIONAL INFORMATION THE SUPERINTEN-
 DENT  DEEMS  IMPORTANT.  SUCH INFORMATION SHALL BE MADE AVAILABLE ON THE
 NEW YORK STATE POLICE WEBSITE.
   § 6. 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.