Bill Text: NY A09903 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminalizes the sale of ghost guns and requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble, manufacture, fabricate, build, or if they fit together the component parts of a firearm, rifle, or shotgun.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-07-24 - print number 9903a [A09903 Detail]

Download: New_York-2019-A09903-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9903

                   IN ASSEMBLY

                                    February 26, 2020
                                       ___________

        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 enacting the Jose  Webster
          untraceable firearms act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and  may  be  cited  as  the  "Jose
     2  Webster untraceable firearms act".
     3    §  2.  Subdivision 8 of section 265.00 of the penal law, as amended by
     4  chapter 189 of the laws of 2000, is amended to read as follows:
     5    8. "Gunsmith" means any  person,  firm,  partnership,  corporation  or
     6  company  who engages in the business of repairing, altering, assembling,
     7  manufacturing,  cleaning,  polishing,  engraving  or  trueing,  or   who
     8  performs  any mechanical operation on, any firearm, large capacity ammu-
     9  nition feeding device  or  machine-gun.  "Gunsmith"  shall  include  any
    10  person  who assembles, manufactures, fabricates, builds or fits together
    11  the component parts of a firearm, rifle or shotgun, regardless of wheth-
    12  er the firearm, rifle or shotgun is intended for personal  use,  commer-
    13  cial sale or for any other purpose.
    14    § 3. Section 265.00 of the penal law is amended by adding a new subdi-
    15  vision 31 to read as follows:
    16    31. "Ghost gun" means a firearm, rifle or shotgun that does not comply
    17  with the provisions of section 265.07 of this article and is not serial-
    18  ized  in  accordance with the requirements imposed on licensed importers
    19  and licensed manufacturers pursuant to subsection (i) of Section 923  of
    20  Title 18 of the United States Code and regulations issued pursuant ther-
    21  eto,  except  for antique firearms as defined in subdivision fourteen of
    22  this section, as added by chapter nine hundred eighty-six of the laws of
    23  nineteen hundred seventy-four, or any firearm, rifle or shotgun manufac-
    24  tured prior to nineteen hundred sixty-eight.
    25    § 4. Subdivision 10 of section 265.02 of the penal law,  as  added  by
    26  chapter  1  of  the laws of 2013, is amended and a new subdivision 11 is
    27  added to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15385-03-0
        A. 9903                             2

     1    (10) Such person possesses an unloaded firearm and  also  commits  any
     2  violent felony offense as defined in subdivision one of section 70.02 of
     3  this chapter as part of the same criminal transaction[.]; or
     4    (11)  Such  person is not a gunsmith duly licensed pursuant to section
     5  400.00 of this chapter and possesses a ghost gun, provided  that  for  a
     6  period  of  six  months  after the effective date of this subdivision, a
     7  person shall not be guilty of criminal possession of  a  weapon  in  the
     8  third  degree  when such person possesses a ghost gun during the process
     9  of providing such ghost gun to a  gunsmith  duly  licensed  pursuant  to
    10  section 400.00 of this chapter for the purposes of having such ghost gun
    11  serialized and registered pursuant to section 265.07 of this article.
    12    §  5.  The penal law is amended by adding a new section 265.07 to read
    13  as follows:
    14  § 265.07 Registration and serialization of  firearms,  rifles,  shotguns
    15             and unfinished frames or receivers by gunsmiths.
    16    (1)  For  the purposes of this section, "unfinished frame or receiver"
    17  means a piece of any material that does  not  constitute  the  frame  or
    18  receiver  of  a  firearm,  rifle  or shotgun but that has been shaped or
    19  formed in any way for the purpose of becoming the frame or receiver of a
    20  firearm, rifle or shotgun, and which may readily be made  into  a  func-
    21  tional  frame or receiver through milling, drilling or other means.  The
    22  term shall not include a piece of material that  has  had  its  size  or
    23  external  shape  altered  to facilitate transportation or storage or has
    24  had its chemical composition altered.
    25    (2) A gunsmith shall engrave, cast, stamp or  otherwise  conspicuously
    26  place  both  a  unique  serial number and his or her name (or recognized
    27  abbreviation) on any firearm, rifle,  shotgun  or  unfinished  frame  or
    28  receiver that he or she manufactures, assembles or causes to be manufac-
    29  tured  or assembled after the effective date of this section, regardless
    30  of the manner of manufacturing or assembly, in a manner  that  satisfies
    31  or  exceeds  the requirements imposed on licensed importers and licensed
    32  manufacturers pursuant to subsection (i) of Section 923 of Title  18  of
    33  the United States Code and regulations issued pursuant thereto.
    34    (3)  A  gunsmith  shall register with the division of state police any
    35  firearm, rifle, shotgun or unfinished frame or receiver that he  or  she
    36  manufactures,  assembles or causes to be manufactured or assembled after
    37  the effective date of this section, regardless of the manner of manufac-
    38  turing or assembly, that would not otherwise be subject to the  require-
    39  ments  imposed on licensed importers and licensed manufacturers pursuant
    40  to subsection (i) of Section 923 of Title 18 of the United  States  Code
    41  and  regulations issued pursuant thereto. For each firearm, rifle, shot-
    42  gun or unfinished frame or receiver so  registered,  records  reflecting
    43  the  identity of the manufacturing or assembling gunsmith and the serial
    44  number of such firearm, rifle, shotgun or unfinished frame  or  receiver
    45  shall  be  included  in the statewide license and record database estab-
    46  lished pursuant to section 400.02 of this chapter.
    47    Any gunsmith who fails to comply with the provisions of  this  section
    48  shall be guilty of a class C felony.
    49    § 6. Section 265.10 of the penal law is amended by adding a new subdi-
    50  vision 8 to read as follows:
    51    8.  Any person other than a gunsmith duly licensed pursuant to section
    52  400.00 of this chapter who assembles, manufactures,  fabricates,  builds
    53  or  fits  together the component parts of a firearm, rifle or shotgun is
    54  guilty of a class C felony.
    55    § 7. The penal law is amended by adding  three  new  sections  265.60,
    56  265.61 and 265.62 to read as follows:
        A. 9903                             3

     1  § 265.60 Criminal sale of a ghost gun in the third degree.
     2    1.  Except as otherwise provided in subdivision two of this section, a
     3  person is guilty of criminal sale of a ghost gun  in  the  third  degree
     4  when such person sells, exchanges, gives or disposes of a ghost gun.
     5    2. A person shall not be guilty of criminal sale of a ghost gun in the
     6  third degree when such person:
     7    (a) voluntarily surrenders such ghost gun to any law enforcement offi-
     8  cial  designated pursuant to subparagraph (f) of paragraph one of subdi-
     9  vision a of section 265.20 of this article; or
    10    (b) within six months  after  the  effective  date  of  this  section,
    11  provides  such ghost gun to a gunsmith duly licensed pursuant to section
    12  400.00 of this chapter for the purposes of having such ghost gun serial-
    13  ized and registered pursuant to section 265.07 of this article.
    14    Criminal sale of a ghost gun in the third degree is a class D felony.
    15  § 265.61 Criminal sale of a ghost gun in the second degree.
    16    1. Except as otherwise provided in subdivision two of this section,  a
    17  person  is  guilty  of criminal sale of a ghost gun in the second degree
    18  when such person:
    19    (a) sells, exchanges, gives or disposes of five or more ghost guns; or
    20    (b) sells, exchanges, gives or disposes of a total  of  five  or  more
    21  ghost guns in a period of not more than one year.
    22    2. A person shall not be guilty of criminal sale of a ghost gun in the
    23  second degree when such person:
    24    (a)  voluntarily  surrenders  such  ghost  guns to any law enforcement
    25  official designated pursuant to subparagraph (f)  of  paragraph  one  of
    26  subdivision a of section 265.20 of this article; or
    27    (b)  within  six  months  after  the  effective  date of this section,
    28  provides such ghost guns to a gunsmith duly licensed pursuant to section
    29  400.00 of this chapter for the purposes of having such ghost guns  seri-
    30  alized and registered pursuant to section 265.07 of this article.
    31    Criminal sale of a ghost gun in the second degree is a class C felony.
    32  § 265.62 Criminal sale of a ghost gun in the first degree.
    33    1.  Except as otherwise provided in subdivision two of this section, a
    34  person is guilty of criminal sale of a ghost gun  in  the  first  degree
    35  when such person:
    36    (a) sells, exchanges, gives or disposes of ten or more ghost guns; or
    37    (b)  sells,  exchanges,  gives  or  disposes of a total of ten or more
    38  ghost guns in a period of not more than one year.
    39    2. A person shall not be guilty of criminal sale of a ghost gun in the
    40  first degree if such person:
    41    (a) voluntarily surrenders such ghost  guns  to  any  law  enforcement
    42  official  designated  pursuant  to  subparagraph (f) of paragraph one of
    43  subdivision a of section 265.20 of this article; or
    44    (b) within six months  after  the  effective  date  of  this  section,
    45  provides such ghost guns to a gunsmith duly licensed pursuant to section
    46  400.00  of this chapter for the purposes of having such ghost guns seri-
    47  alized and registered pursuant to section 265.07 of this article.
    48    Criminal sale of a ghost gun in the first degree is a class B felony.
    49    § 8. This act shall take effect on the one hundred twentieth day after
    50  it shall have become a law. Effective immediately, the addition,  amend-
    51  ment and/or repeal of any rule or regulation necessary for the implemen-
    52  tation  of  this act on its effective date are authorized to be made and
    53  completed on or before such effective date.