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A08650 Summary:

BILL NOA08650
 
SAME ASSAME AS S06716
 
SPONSORLavine
 
COSPNSRJacobson
 
MLTSPNSR
 
Amd 265.00, 265.20 & 265.01, add 265.07, Pen L
 
Relates to unfinished frames and receivers; establishes the crime of criminal sale of an unfinished frame or receiver.
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A08650 Actions:

BILL NOA08650
 
10/02/2019referred to codes
01/08/2020referred to codes
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A08650 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8650
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     October 2, 2019
                                       ___________
 
        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the  penal law, in relation to unfinished frames and
          receivers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  8  of  section  265.00  of the penal law, as
     2  amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
     3  follows:
     4    8.  "Gunsmith"  means  any  person,  firm, partnership, corporation or
     5  company who engages in the business of repairing, altering,  assembling,
     6  manufacturing,   cleaning,  polishing,  engraving  or  trueing,  or  who
     7  performs any mechanical operation on, any firearm, large capacity  ammu-
     8  nition feeding device or machine-gun  and shall also include assembling,
     9  manufacturing,  fabricating, building, or fitting together the component
    10  parts of a firearm, rifle or shotgun, regardless of whether the firearm,
    11  rifle or shotgun is intended for personal use, commercial sale,  or  any
    12  other purpose.
    13    §  2.  The opening paragraph of subdivision a of section 265.20 of the
    14  penal law, as separately amended by chapters 130 and 134 of the laws  of
    15  2019, is amended to read as follows:
    16    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
    17  265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02,
    18  265.03,  265.04, 265.05, 265.07, 265.10, 265.11, 265.12, 265.13, 265.15,
    19  265.36, 265.37 and 270.05 shall not apply to:
    20    § 3. Section 265.00 of the penal law is amended by adding a new subdi-
    21  vision 31 to read as follows:
    22    31. "Unfinished frame or receiver" means a  frame  or  receiver  of  a
    23  firearm,  rifle or shotgun whose fire-control cavity is completely solid
    24  and un-machined, and which may readily be made into a  functional  frame
    25  or  receiver  through  milling, drilling or other means and includes any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13798-02-9

        A. 8650                             2
 
     1  other object, part or combination of parts which  is  not  a  functional
     2  frame  or  receiver  but  is  designed  or  intended to be used for that
     3  purpose and can be readily made into a functional frame or receiver.
     4    § 4. Section 265.01 of the penal law is amended by adding a new subdi-
     5  vision 9 to read as follows:
     6    (9) He or she possesses an unfinished frame or receiver.
     7    §  5.  The penal law is amended by adding a new section 265.07 to read
     8  as follows:
     9  § 265.07 Criminal sale of an unfinished frame or receiver.
    10    A person is guilty of criminal sale of an unfinished frame or receiver
    11  when he or she sells,  exchanges,  gives,  disposes  of,  purchases,  or
    12  otherwise obtains an unfinished frame or receiver.
    13    Criminal sale of an unfinished frame or receiver is a class E felony.
    14    § 6. This act shall take effect on the one hundred eightieth day after
    15  it  shall have become a law; provided however that if section 3 of chap-
    16  ter 134 of the laws of 2019 is not in effect on such date  then  section
    17  two  of  this  act  shall  take  effect on the same date and in the same
    18  manner as section 3 of chapter 134 of the laws of 2019 takes effect.
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