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A00451 Summary:

BILL NOA00451
 
SAME ASSAME AS S04380
 
SPONSORAbinanti
 
COSPNSRGottfried, Simotas, Dinowitz, Fernandez, McDonough, Pichardo, Sayegh, D'Urso, Jaffee, Colton, Williams, Hyndman, Griffin, Davila
 
MLTSPNSRCrespo
 
Add 265.50, Pen L
 
Relates to a ban on undetectable firearms, undetectable firearm receivers and undetectable ammunition magazines.
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A00451 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           451
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT  to  amend  the  penal law, in relation to a ban on undetectable
          firearms, undetectable firearm receivers and  undetectable  ammunition
          magazines

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known as  the  "undetectable
     2  firearms act".
     3    § 2. Findings. The legislature finds that:
     4    (1)  Federal  Bureau of Investigation data shows that more than fifty-
     5  seven percent of the murders that occurred in New  York  state  in  2011
     6  were perpetrated with a firearm;
     7    (2)  digital  manufacturing technologies, including computer numerical
     8  control mills, 3-dimensional printers and  laser  cutting  machines  are
     9  quickly advancing so that they may soon be used to fabricate fully oper-
    10  ational firearm components; and
    11    (3) some commercially available digital manufacturing technologies can
    12  manufacture  these components using materials that cannot be detected by
    13  traditional metal detectors or x-ray imaging machines.
    14    § 3. The penal law is amended by adding a new section 265.50  to  read
    15  as follows:
    16  § 265.50 Ban  on  undetectable  firearms, undetectable firearm receivers
    17             and undetectable ammunition magazines.
    18    1. It shall be unlawful  for  any  person  to  knowingly  manufacture,
    19  import, sell, ship, deliver, transfer, receive or possess:
    20    (a) any firearm:
    21    (i) that, after removal of grips, stocks and magazines, is not detect-
    22  able by walk-through metal detectors; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04884-01-9

        A. 451                              2
 
     1    (ii)  any  major  component  of  which does not generate an image that
     2  accurately  depicts  the  shape  of  the  component  when  subjected  to
     3  inspection by the types of x-ray machines commonly used at airports; or
     4    (b)  any  receiver for a rifle or handgun manufactured by a person who
     5  is not a licensed manufacturer:
     6    (i) that is not detectable as a rifle or handgun by walk-through metal
     7  detectors; or
     8    (ii) which does not generate an  image  that  accurately  depicts  the
     9  shape of the receiver when subjected to inspection by the types of x-ray
    10  machines commonly used at airports; or
    11    (c)  any  ammunition  magazine  manufactured  by a person who is not a
    12  licensed manufacturer:
    13    (i) that, after removal of the spring and follower, is not  detectable
    14  by walk-through metal detectors; or
    15    (ii)  which  does  not  generate  an image that accurately depicts the
    16  shape of the magazine when subjected to inspection by the types of x-ray
    17  machines commonly used at airports.
    18    2. For the purposes of this section:
    19    (a) the term "firearm" does not include the frame or receiver  of  any
    20  such weapon; and
    21    (b)  the  term  "major  component"  of a firearm means the barrel, the
    22  slide or cylinder, or the frame or receiver of the firearm.
    23    3. This section shall not apply to any firearm which has  been  certi-
    24  fied  by an agency of the United States as necessary for military intel-
    25  ligence applications and is manufactured for  and  sold  exclusively  to
    26  military or intelligence agencies of the United States.
    27    4. A person who violates the provisions of this section shall be guil-
    28  ty of a class E felony.
    29    §  4. The New York state police shall promulgate rules and regulations
    30  necessary for the implementation of this act.
    31    § 5. This act shall take effect on the ninetieth day  after  it  shall
    32  have become a law.
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