NY State Senate Bill 2023-S7364A

Current Bill Status - In Senate Committee Codes Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	print number 7364a
May 16, 2024	amend and recommit to codes
Jan 03, 2024	referred to codes
May 22, 2023	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S7364 - Details

See Assembly Version of this Bill:: A7489
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.10 & 265.00, Pen L; amd §700.05, CP L

2023-S7364 - Summary

Relates to the regulation of three-dimensional printed firearms; provides that a person who intentionally sells, distributes, or disposes of a three-dimensional printed firearm is guilty of a class A misdemeanor.

2023-S7364 - Sponsor Memo

                                 
BILL NUMBER: S7364

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to the regulation of three-dimensional printed firearms

 
PURPOSE:

To prohibit the use of three-dimensional printers to manufacture ghost
guns, silencers, magazines, or other firearm parts and to prohibit the
sale, distribution and distribution of the digital instructions to do
the same.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 265.10 of the penal law to include the use of
three-dimensional printer and the manufacture of ghost guns, silencers,
or other firearm components in the class D felony of manufacturing
firearms and create the class A misdemeanor of the intentional sale of
digital instructions for such manufacturing.

Section 2 amends section 265.00 of the penal law to add subdivision 36
defining the term "three-dimensional printer."

Section 3 amends subdivision 8 of section 700.05 of the criminal proce-
dure law to include the manufacture, transport, disposition, and deface-
ment of weapons and dangerous instruments in the definition of "desig-
nated offense" for eavesdropping and video surveillance warrants.

Section 4 establishes the severability of the bill.

Section 5 provides the effective date of the bill.

 
JUSTIFICATION:

So-called "ghost guns" --- unregistered, untraceable firearms and
firearm components --- continue to be a major threat to the safety of
New Yorkers, even after the Jose Webster Untraceable Firearms Act banned
the sale of such guns in our state in 2021. Nearly half of all untracea-
ble firearms recovered by New York in 2022 were ghost guns, and the New
York Police Department reports a 75% increase in the seizure of ghost
guns between 2021 and 2022. This is a growing trend:  whereas in 2022
365 ghost guns were seized by the NYPD, that number was just 17 in 2018.

This bill would include the manufacture of ghost guns, unfinished gun
parts silencers, magazines, and other firearm components in the existing
class D felony of manufacture of a machine-gun or assault weapon and
clarify that that crime includes the manufacture of such items using a
three-dimensional printer. it would criminalize the intentional sale,
distribution, or disposal of digital instructions that may be used to
program a three-dimensional printer to produce such weapons. This will
ensure that Newò York's existing prohibition on the manufacture of ghost
guns is comprehensivd, precise, and responsive to the technology perpe-
trators may use to commit that crime.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2023-S7364 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7364
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to the regulation of three-dimensional printed firearms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 265.10 of the penal law, as  sepa-
 rately  amended  by  chapters  34,  130  and 146 of the laws of 2019, is
 amended and a new subdivision 10 is added to read as follows:
   1. Any person who manufactures or causes to be manufactured, INCLUDING
 BUT NOT LIMITED TO USING A THREE-DIMENSIONAL PRINTER TO  MANUFACTURE  OR
 CAUSE TO BE MANUFACTURED, any machine-gun, assault weapon, large capaci-
 ty  ammunition  feeding device, GHOST GUN, UNFINISHED FRAME OR RECEIVER,
 FIREARM SILENCER, MAGAZINE, OR MAJOR COMPONENT OF A  FIREARM,  RIFLE  OR
 SHOTGUN  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  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 slungshot is guilty of a class A misdemeanor.
   10.  ANY  PERSON WHO INTENTIONALLY SELLS, DISTRIBUTES, OR DISPOSES OF,
 BY ANY MEANS, INCLUDING VIA THE INTERNET, DIGITAL  INSTRUCTIONS  IN  THE
 FORM  OF  COMPUTER-AIDED  DESIGN  FILES,  STANDARD TRIANGLE/TESSELLATION
 LANGUAGE FILES, OR OTHER CODE  OR  INSTRUCTIONS  THAT  MAY  BE  USED  TO
 PROGRAM  A  THREE-DIMENSIONAL  PRINTER  TO  MANUFACTURE  OR  PRODUCE ANY
 MACHINE-GUN, ASSAULT WEAPON, LARGE CAPACITY AMMUNITION  FEEDING  DEVICE,
 DISGUISED  GUN, GHOST GUN, UNFINISHED FRAME OR RECEIVER, FIREARM SILENC-
 ER, MAGAZINE, OR MAJOR COMPONENT OF A FIREARM, RIFLE OR SHOTGUN IS GUIL-
 TY OF A CLASS A MISDEMEANOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11376-01-3
 S. 7364                             2

 
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 36 to read as follows:
   36.  "THREE-DIMENSIONAL  PRINTER"  MEANS A COMPUTER OR COMPUTER-DRIVEN
 MACHINE OR DEVICE CAPABLE OF PRODUCING A THREE-DIMENSIONAL OBJECT FROM A
 DIGITAL MODEL.
   § 3. Subdivision 8 of section 700.05 of the criminal procedure law  is
 amended by adding a new paragraph (w) to read as follows:
   (W)  MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACEMENT OF WEAPONS AND
 DANGEROUS INSTRUMENTS AND APPLIANCES AS PROVIDED IN SUBDIVISION  TEN  OF
 SECTION 265.10 OF THE PENAL LAW.
   § 4. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2023-S7364A (ACTIVE) - Details

See Assembly Version of this Bill:: A7489
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.10 & 265.00, Pen L; amd §700.05, CP L

2023-S7364A (ACTIVE) - Summary

2023-S7364A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7364A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to the regulation of three-dimensional printed firearms

 
PURPOSE:

To prohibit the use of three-dimensional printers to manufacture ghost
guns, silencers, magazines, or other firearm parts and to prohibit the
sale, distribution and distribution of the digital instructions to do
the same.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 265.10 of the penal law to include the use of
three-dimensional printer and the manufacture of ghost guns, silencers,
or other firearm components in the class D felony of manufacturing
firearms. Creates the class A misdemeanor of the intentional sale of
digital instructions for such manufacturing to a person in New York who

is not a registered or licensed gunsmith.

Section 2 amends section 265.00 of the penal law to add subdivision 36
defining the term "three-dimensional printer."

Section 3 amends subdivision 8 of section 700.05 of the criminal proce-
dure law to include the manufacture, transport, disposition, and deface-
ment of weapons and dangerous instruments in the definition of "desig-
nated offense" for eavesdropping and video surveillance warrants.

Section 4 establishes the severability of the bill.

Section 5 provides the effective date of the bill.

 
JUSTIFICATION:

So-called "ghost guns" --- unregistered, untraceable firearms and
firearm components --- continue to be a major threat to the safety of
New Yorkers, even after the Jose Webster Untraceable Firearms Act banned
the sale of such guns in our state in 2021. Nearly half of all untracea-
ble firearms recovered by New York in 2022 were ghost guns, and the New
York Police Department reports a 75% increase in the seizure of ghost
guns between 2021 and 2022. This is a growing trend:  whereas in 2022
365 ghost guns were seized by the NYPD, that number was just 17 in 2018.

This bill would include the manufacture of ghost guns, unfinished gun
parts silencers, magazines, and other firearm components in the existing
class D felony of manufacture of a machine-gun or assault weapon and
clarify that that crime includes the manufacture of such items using a
three-dimensional printer. It would criminalize the intentional sale,
distribution, or disposal of digital instructions that may be used to
program a three-dimensional printer to produce such weapons. This will
ensure that New York's existing prohibition on the manufacture of ghost
guns is comprehensive, precise, and responsive to the technology perpe-
trators may use to commit that crime.

 
LEGISLATIVE HISTORY:
New bill.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2023-S7364A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7364--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, CLEARE, GOUNARDES, HARCKHAM -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
   relation to the regulation of three-dimensional printed firearms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 265.10 of the penal law, as sepa-
 rately amended by chapters 34, 130 and 146  of  the  laws  of  2019,  is
 amended and a new subdivision 10 is added to read as follows:
   1.  Any  person  who  manufactures  or  causes  to be manufactured any
 machine-gun, assault weapon, large capacity ammunition  feeding  device,
 GHOST  GUN, UNFINISHED FRAME OR RECEIVER, FIREARM SILENCER, MAGAZINE, OR
 MAJOR COMPONENT OF A FIREARM, RIFLE OR SHOTGUN or disguised gun is guil-
 ty of a class D felony. Any person who  manufactures  or  causes  to  be
 manufactured  any  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, undetect-
 able  knife,  billy, blackjack, bludgeon, plastic knuckles, metal knuck-
 les, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is guilty
 of a class A misdemeanor.
   10. ANY PERSON WHO INTENTIONALLY SELLS, DISTRIBUTES, OR  DISPOSES  OF,
 BY  ANY  MEANS,  INCLUDING VIA THE INTERNET, DIGITAL INSTRUCTIONS IN THE
 FORM OF  COMPUTER-AIDED  DESIGN  FILES,  STANDARD  TRIANGLE/TESSELLATION
 LANGUAGE  FILES,  OR  OTHER  CODE  OR  INSTRUCTIONS  THAT MAY BE USED TO
 PROGRAM A  THREE-DIMENSIONAL  PRINTER  TO  MANUFACTURE  OR  PRODUCE  ANY
 MACHINE-GUN,  ASSAULT  WEAPON, LARGE CAPACITY AMMUNITION FEEDING DEVICE,
 DISGUISED GUN, GHOST GUN, UNFINISHED FRAME OR RECEIVER, FIREARM  SILENC-
 ER,  MAGAZINE,  OR  MAJOR COMPONENT OF A FIREARM, RIFLE OR SHOTGUN, TO A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11376-02-4

 S. 7364--A                          2
 
 PERSON IN NEW YORK WHO IS NOT REGISTERED OR LICENSED AS  A  GUNSMITH  AS
 PROVIDED  FOR  IN  SECTION  400.00 OF THIS CHAPTER WITH A TYPE 7 FEDERAL
 FIREARMS LICENSE, IS GUILTY OF A CLASS A MISDEMEANOR.
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 36 to read as follows:
   36.  "THREE-DIMENSIONAL  PRINTER"  MEANS A COMPUTER OR COMPUTER-DRIVEN
 MACHINE OR DEVICE CAPABLE OF PRODUCING A THREE-DIMENSIONAL OBJECT FROM A
 DIGITAL MODEL.
   § 3. Subdivision 8 of section 700.05 of the criminal procedure law  is
 amended by adding a new paragraph (w) to read as follows:
   (W)  MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACEMENT OF WEAPONS AND
 DANGEROUS INSTRUMENTS AND APPLIANCES AS PROVIDED IN SUBDIVISION  TEN  OF
 SECTION 265.10 OF THE PENAL LAW.
   § 4. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S7364A

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2023-S7364 - Details

2023-S7364 - Summary

2023-S7364 - Sponsor Memo

2023-S7364 - Bill Text download pdf

co-Sponsors

2023-S7364A (ACTIVE) - Details

2023-S7364A (ACTIVE) - Summary

2023-S7364A (ACTIVE) - Sponsor Memo

2023-S7364A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7364A

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2023-S7364 - Details

2023-S7364 - Summary

2023-S7364 - Sponsor Memo

2023-S7364 - Bill Text download pdf

co-Sponsors

2023-S7364A (ACTIVE) - Details

2023-S7364A (ACTIVE) - Summary

2023-S7364A (ACTIVE) - Sponsor Memo

2023-S7364A (ACTIVE) - Bill Text download pdf

Comments