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A00613 Summary:

BILL NOA00613A
 
SAME ASSAME AS S00014-A
 
SPONSORRosenthal L
 
COSPNSRDinowitz, Stern, Simon, Griffin, Paulin, Otis, Jacobson, Seawright, Burdick, Sillitti, Galef, Zebrowski, Jean-Pierre, Thiele, Carroll, Perry, Epstein, Richardson, Zinerman, Gottfried
 
MLTSPNSR
 
Amd §§265.00 & 265.01, add §§265.07, 265.60 & 265.61, Pen L
 
Criminalizes the sale of ghost guns; requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble.
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A00613 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A613A
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the penal law, in relation to enacting the Jose Webster untraceable firearms act   PURPOSE OR GENERAL IDEA OF BILL: This legislation would create the Jose Webster untraceable firearms act to prohibit the possession of ghost guns. It would require any person required to be a licensed gunsmith to serialize and register with the divisions of state police any unserialized firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver in such person's possession. It would also create the crimes of criminal sale of a ghost gun in the first and second degree.   SUMMARY OF PROVISIONS: Section 1 names this act the "Jose Webster untraceable firearms act." Section 2 amends 265.00 of the penal law by adding a new subdivision 8-a to define "serialized." "Serialized" means bearing a visible identifica- tion number and/or symbol in accordance with the requirements imposed on licensed importers and licensed manufacturers pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto in effect at the time of assembly, except for antique firearms as defined in subdivision fourteen of this section, as added by chapter nine hundred eighty-six of the laws of nineteen hundred seventy-four, or any firearm, rifle or shotgun manufactured prior to nineteen hundred sixty-eight. Section 3 amends 265.00 of the penal law by adding a new subdivision 32 to define "ghost gun." "Ghost gun" means a firearm, rifle or shotgun that does not comply with the provisions of section 265.07 of this arti- cle and is not serialized. Section 4 amends section 265.01 of the penal law by amending subdivision 8 and adding a new Subdivision 9. Subdivision 9 criminalizes the possession of a ghost a ghost gun by anyone other than a person required to be a licensed gunsmith, provided that a person shall not be guilty under this subdivision if within six months after the effective date of this subdivision he or she (a) voluntarily surrenders such ghost gun to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or (b) for a period of six months after the effective date of this section possesses a ghost gun prior to serialization and registration of such ghost gun pursuant to section 265.07 of this article. Criminal possession of a weapon in the fourth degree is a class A misdemeanor. Section 5 amends the penal law to add a new section 265.07 to require any person required to be a licensed gunsmith to serialize and register with the divisions of state police any unserialized firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver in such person's possession. Any person required to be a licensed gunsmith who fails to comply with the provisions of this section will be guilty of a class E felony. Section 6 amends the penal law to create two new sections 265.60 and 265.61. These sections create the crimes of criminal sale of a ghost gun in the first and second degree. A person is guilty of the criminal sale of a ghost gun in the second degree when, knowing or having reason to know, it is a ghost gun, such person unlawfully sells, exchanges, gives or disposes of a ghost gun to another person, provided that for a period of six months after the effective date of this section, a person shall not be guilty of criminal sale of a ghost gun in the second degree if such person: (a) voluntarily surrenders such ghost gun to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or (b) sells, exchanges, gives, or disposes of such ghost gun to a gunsmith licensed pursuant to section 400.00 of this chapter. Criminal sale of a ghost gun in the second degree is a class E felony. A person is guilty of the criminal sale of a ghost gun in the first degree when, knowing or having reason to know they are ghost guns, such person unlawfully sells, exchanges, gives or disposes of a total of ten or more ghost guns to another person, provided that for a period of six months after the effective date of this section, a person shall not be guilty of criminal sale of a ghost gun in the first degree if such person: (a) voluntarily surrenders such ghost guns to any law enforce- ment official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or (b) sells, exchanges, gives, or disposes of such ghost guns to a gunsmith licensed pursuant to section 400.00 of this chapter. Criminal sale of a ghost gun in the first degree is a class D felony. Section 7 is a severability clause. Section 8 sets for the effective date.   JUSTIFICATION: Though New York's gun control laws are among the strongest in the nation, gun manufacturers continue to seek loopholes in both state and federal law that would allow them to evade important requirements and sell dangerous weapons to those seeking to use them to do harm. New York's law enforcement community is increasingly sounding the alarm about the need to address the proliferation of "ghost guns", which are guns that are unregistered and do not have serial numbers, making them extremely difficult for law enforcement to trace. Law enforcement offi- cials in Rochester, Albany, Syracuse, New York City, and other jurisdic- tions have confirmed that they have either seized ghost guns or have criminal cases pending involving ghost guns. Some of these guns are made using 3D printers; others are advertised for sale as "80% finished" and come with kits and instructions allowing purchasers to make simple alterations to the firearm's frame or receiver to complete the assembly of these deadly weapons. This allows purchasers who have criminal records or others who would not pass a required federal background check to evade those requirements and other laws requiring frames and receiv- ers to carry serial numbers. The New York State Attorney General's Office recently issued cease and desist orders to the operators of sixteen websites advertising unfinished kits containing "nearly complete" assault weapons. Though the Attorney General's commendable action is made possible because New York State law prohibits the possession, sale, or manufacture of assault rifles and certain other dangerous weapons, gaps in our law still exist for firearms, rifles, and shotguns that do not fall under the definition of an "assault weapon." This loophole in gun control laws across the nation can have deadly consequences. California has suffered numerous shootings involving ghost guns over the past few years, several of which involved individuals with criminal records or court orders that would have otherwise prevented them from owning firearms. New Jersey passed a similar law in 2018, and their law enforcement officials have already made use of it, charging four defendants in March 2019 for smuggling parts from Pennsylvania into New Jersey to be used to manufacture AR-15 style assault rifles. New York must take aggressive action against the growing threat that ghost guns pose to the safety and well-being of its residents. This bill would prohibit the possession of ghost guns by anyone other than a licensed gunsmith and prohibit the sale of ghost guns entirely. It would also require New York gunsmiths to serialize and register with the division of state police any unserial- ized firearms, rifles, shotguns, finished frames or receivers, or un unfinished frames or receivers in their possession.   PRIOR LEGISLATIVE HISTORY: A.9903-A (Rosenthal) of 2020. Referred to Codes Committee. / S.7763-A (Hoylman). Passed Senate.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become a law.
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A00613 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         613--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of A. L. ROSENTHAL, DINOWITZ, STERN, SIMON, GRIFFIN,
          PAULIN, OTIS, JACOBSON, SEAWRIGHT, BURDICK, SILLITTI,  GALEF,  ZEBROW-
          SKI,  JEAN-PIERRE, THIELE, CARROLL, PERRY, EPSTEIN, RICHARDSON -- read
          once and referred to the Committee on Codes --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
 
        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. Section 265.00 of the penal law is amended by adding a new subdi-
     4  vision 8-a to read as follows:
     5    8-a. "Serialized" means bearing a visible identification number and/or
     6  symbol in accordance with the requirements imposed on licensed importers
     7  and  licensed manufacturers pursuant to subsection (i) of Section 923 of
     8  Title 18 of the United States Code and regulations issued pursuant ther-
     9  eto in effect at the time of assembly, except for  antique  firearms  as
    10  defined  in  subdivision   fourteen of this section, as added by chapter
    11  nine hundred eighty-six of the laws of nineteen hundred seventy-four, or
    12  any firearm, rifle or shotgun manufactured  prior  to  nineteen  hundred
    13  sixty-eight.
    14    § 3. Section 265.00 of the penal law is amended by adding a new subdi-
    15  vision 32 to read as follows:
    16    32. "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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00324-14-1

        A. 613--A                           2
 
     1    §  4.  Subdivision 8 of section 265.01 of the penal law, as amended by
     2  chapter 1 of the laws of 2013, is amended and a  new  subdivision  9  is
     3  added to read as follows:
     4    (8)  [He]  Such  person  possesses  any armor piercing ammunition with
     5  intent to use the same unlawfully against another.
     6    (9) Such person is not required to be a gunsmith licensed pursuant  to
     7  section  400.00  of  this  chapter  and, knowing it is a ghost gun, such
     8  person possesses a ghost gun, provided that a person shall not be guilty
     9  under this subdivision when he or she  (a) voluntarily  surrenders  such
    10  ghost gun to any law enforcement official designated pursuant to subpar-
    11  agraph (f) of paragraph one of subdivision (a) of section 265.20 of this
    12  article;  or  (b) for a period of six months after the effective date of
    13  this section possesses a ghost gun prior to serialization and  registra-
    14  tion of such ghost gun pursuant to section 265.07 of this article.
    15    §  5.  The penal law is amended by adding a new section 265.07 to read
    16  as follows:
    17  § 265.07 Registration and serialization of firearms,  rifles,  shotguns,
    18             finished  frames  or  receivers,  and  unfinished  frames  or
    19             receivers.
    20    (1) For the purposes of this section, "unfinished frame  or  receiver"
    21  means  any  material that does not constitute the frame or receiver of a
    22  firearm, rifle or shotgun but that has been shaped or formed in any  way
    23  for the purpose of becoming the frame or receiver of a firearm, rifle or
    24  shotgun,  and  which  may  readily  be  made  into a functional frame or
    25  receiver through milling, drilling or other means.  The term  shall  not
    26  include  material  that  has  had  its size or external shape altered to
    27  facilitate transportation or storage or has had its chemical composition
    28  altered.
    29    (2) On or before the effective date of this section, and promptly upon
    30  taking possession thereof at any time thereafter, any person required to
    31  be a gunsmith licensed pursuant to section 400.00 of this  chapter,  who
    32  is  in  possession  of an unserialized firearm, rifle, shotgun, finished
    33  frame or receiver, or unfinished frame or receiver shall:
    34    (a) engrave, cast, stamp  or  otherwise  conspicuously  place  both  a
    35  unique serial number and his or her name (or recognized abbreviation) on
    36  such  firearm, rifle, shotgun, finished frame or receiver, or unfinished
    37  frame or receiver, in a manner that satisfies or  exceeds  the  require-
    38  ments  imposed  on  licensed  importers  and  manufacturers  pursuant to
    39  section (i) of Section 923 of Title 18 of the  United  States  Code  and
    40  regulations issued pursuant thereto at the time of such assembly; and
    41    (b) register with the division of state police any such firearm, rifle
    42  or shotgun, finished frame or receiver, or unfinished frame or receiver.
    43    Any  person  required  to  be  a gunsmith licensed pursuant to section
    44  400.00 of this chapter who fails to comply with the provisions  of  this
    45  section shall be guilty of a class E felony.
    46    §  6.  The  penal law is amended by adding two new sections 265.60 and
    47  265.61 to read as follows:
    48  § 265.60 Criminal sale of a ghost gun in the second degree.
    49    1. A person is guilty of criminal sale of a ghost gun  in  the  second
    50  degree  when,  knowing or having reason to know it is a ghost gun, he or
    51  she sells, exchanges, gives or  disposes  of  a  ghost  gun  to  another
    52  person.
    53    2. Notwithstanding subdivision one of this section, a person shall not
    54  be guilty of criminal sale of a ghost gun in the second degree when such
    55  person: (a) voluntarily surrenders such ghost gun to any law enforcement
    56  official  designated  pursuant  to  subparagraph (f) of paragraph one of

        A. 613--A                           3
 
     1  subdivision (a) of section 265.20 of this article; or (b) within a peri-
     2  od of six months  after  the  effective  date  of  this  section  sells,
     3  exchanges,  gives,  or disposes of such ghost gun to a gunsmith licensed
     4  pursuant to section  400.00  of this chapter.
     5    Criminal sale of a ghost gun in the second degree is a class E felony.
     6  § 265.61 Criminal sale of a ghost gun in the first degree.
     7    1.  A  person  is  guilty of criminal sale of a ghost gun in the first
     8  degree when, knowing or having reason to know they are ghost guns, he or
     9  she sells, exchanges, gives or disposes of ten or  more  ghost  guns  to
    10  another person or persons.
    11    2. Notwithstanding subdivision one of this section, a person shall not
    12  be  guilty of criminal sale of a ghost gun in the first degree if  he or
    13  she: (a) voluntarily surrenders such ghost guns to any  law  enforcement
    14  official  designated  pursuant  to  subparagraph (f) of paragraph one of
    15  subdivision (a) of section 265.20 of this article; or (b) within a peri-
    16  od of six months  after  the  effective  date  of  this  section  sells,
    17  exchanges,  gives, or disposes of such ghost guns to a gunsmith licensed
    18  pursuant to section  400.00  of this chapter.
    19    Criminal sale of a ghost gun in the first degree is a class D felony.
    20    § 7. Severability. If any clause, sentence, paragraph, section or part
    21  of this act shall be adjudged by any court of competent jurisdiction  to
    22  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    23  remainder thereof, but shall be confined in its operation to the clause,
    24  sentence, paragraph, section or part thereof directly  involved  in  the
    25  controversy in which such judgment shall have been rendered.
    26    § 8. This act shall take effect on the one hundred eightieth day after
    27  it  shall have become a law. Effective immediately, the addition, amend-
    28  ment and/or repeal of any rule or regulation necessary for the implemen-
    29  tation of this act on its effective date are authorized to be  made  and
    30  completed on or before such effective date.
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