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S00013 Summary:

BILL NOS00013A
 
SAME ASSAME AS A02666-A
 
SPONSORKAPLAN
 
COSPNSRHOYLMAN, BIAGGI, BROOKS, COONEY, GAUGHRAN, GOUNARDES, JACKSON, KAVANAGH, LIU, MAY, SEPULVEDA, STAVISKY, THOMAS
 
MLTSPNSR
 
Amd §§265.00 & 265.01, add §§265.63 & 265.64, Pen L
 
Enacts the "Scott J. Beigel unfinished receiver act"; relates to unfinished frames or receivers; establishes the crimes of criminal sale of an unfinished frame or receiver in the first and second degrees as class D and E felonies, respectively.
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S00013 Actions:

BILL NOS00013A
 
01/06/2021REFERRED TO CODES
02/08/2021REPORTED AND COMMITTED TO RULES
02/09/2021ORDERED TO THIRD READING CAL.311
02/10/2021PASSED SENATE
02/10/2021DELIVERED TO ASSEMBLY
02/10/2021referred to codes
05/24/2021RECALLED FROM ASSEMBLY
05/24/2021returned to senate
05/24/2021VOTE RECONSIDERED - RESTORED TO THIRD READING
05/24/2021AMENDED ON THIRD READING 13A
06/02/2021REPASSED SENATE
06/02/2021RETURNED TO ASSEMBLY
06/02/2021referred to codes
06/07/2021substituted for a2666a
06/07/2021ordered to third reading rules cal.423
06/08/2021passed assembly
06/08/2021returned to senate
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S00013 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          13--A
            Cal. No. 311
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sens. KAPLAN, HOYLMAN, BIAGGI, BROOKS, COONEY, GAUGHRAN,
          GOUNARDES, JACKSON, KAVANAGH, LIU, MAY, STAVISKY, THOMAS -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Codes -- reported favorably from said committee  and  committed  to
          the  Committee  on  Rules  --  reported favorably from said committee,
          ordered to a third reading, passed by  Senate  and  delivered  to  the
          Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN  ACT  to  amend  the penal law, in relation to enacting the "Scott J.
          Beigel unfinished receiver act" in relation to  unfinished  frames  or
          receivers
 
          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  "Scott  J.
     2  Beigel unfinished receiver act".
     3    § 2. Section 265.00 of the penal law is amended by adding a new subdi-
     4  vision 32 to read as follows:
     5    32.  "Unfinished  frame  or receiver" means any material that does not
     6  constitute the frame or receiver of a firearm, rifle or shotgun but that
     7  has been shaped or formed in any way for the  purpose  of  becoming  the
     8  frame  or receiver of a firearm, rifle or shotgun, and which may readily
     9  be made into a functional frame or receiver through milling, drilling or
    10  other means. The term shall not include material that has had  its  size
    11  or external shape altered to facilitate transportation or storage or has
    12  had its chemical composition altered.
    13    §  3.  Section  265.01  of  the penal law is amended by adding two new
    14  subdivisions 9 and 10 to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03225-03-1

        S. 13--A                            2
 
     1    (9) Such person possesses a major component of a  firearm,  rifle,  or
     2  shotgun and such person is prohibited from possessing a shotgun or rifle
     3  pursuant to:
     4    (i) this article;
     5    (ii)  subsection  (g)  of section 922 of title 18 of the United States
     6  Code; or
     7    (iii) a temporary or final extreme risk protection order issued  under
     8  article sixty-three-A of the civil practice law and rules; or
     9    (10) Such person is not required to be a gunsmith licensed pursuant to
    10  section 400.00 of this chapter and, knowing it is an unfinished frame or
    11  receiver,  such  person  possesses  an  unfinished  frame  or  receiver,
    12  provided that for a period of six months after  the  effective  date  of
    13  this  subdivision,  a  person shall not be guilty under this subdivision
    14  when such person:  (a) voluntarily surrenders such unfinished  frame  or
    15  receiver to any law enforcement official designated pursuant to subpara-
    16  graph  (f) of paragraph one of subdivision (a) of section 265.20 of this
    17  article; or (b) possesses such unfinished frame  or  receiver  prior  to
    18  serialization  of  such  unfinished frame or receiver in accordance with
    19  the requirements imposed on licensed importers and licensed  manufactur-
    20  ers  pursuant to subsection (i) of Section 923 of Title 18 of the United
    21  States Code and regulations issued pursuant thereto, except for  antique
    22  firearms  as  defined  in subdivision fourteen of section 265.00 of this
    23  article,  as added by chapter nine hundred eighty-six  of  the  laws  of
    24  nineteen hundred seventy-four, or any firearm, rifle or shotgun manufac-
    25  tured prior to nineteen hundred sixty-eight.
    26    §  4.  The  penal law is amended by adding two new sections 265.63 and
    27  265.64 to read as follows:
    28  § 265.63 Criminal sale of an unfinished frame or receiver in the  second
    29             degree.
    30    A person is guilty of criminal sale of an unfinished frame or receiver
    31  in  the second degree when, knowing it is an unfinished frame or receiv-
    32  er, such person unlawfully sells, exchanges, gives  or  disposes  of  an
    33  unfinished  frame  or receiver, provided that for a period of six months
    34  after the effective date of this section, a person shall not  be  guilty
    35  of criminal sale of an unfinished frame or receiver in the second degree
    36  if  such  person:    (a) voluntarily surrenders such unfinished frame or
    37  receiver to any law enforcement official designated pursuant to subpara-
    38  graph (f) of paragraph one of subdivision (a) of section 265.20 of  this
    39  article;  or (b) sells, exchanges, gives, or disposes of such unfinished
    40  frame or receiver to a gunsmith licensed pursuant to section  400.00  of
    41  this chapter.
    42    Criminal  sale of an unfinished frame or receiver in the second degree
    43  is a class E felony.
    44  § 265.64 Criminal sale of an unfinished frame or receiver in  the  first
    45             degree.
    46    A person is guilty of criminal sale of an unfinished frame or receiver
    47  in  the first degree when, knowing they are unfinished frames or receiv-
    48  ers, such person unlawfully sells, exchanges, gives  or  disposes  of  a
    49  total  of  ten or more unfinished frames or receivers in a period of not
    50  more than one year, provided that for a period of six months  after  the
    51  effective date of this section, a person shall not be guilty of criminal
    52  sale  of  an  unfinished  frame  or receiver in the first degree if such
    53  person:  (a) voluntarily surrenders such unfinished frames or  receivers
    54  to  any law enforcement official designated pursuant to subparagraph (f)
    55  of paragraph one of subdivision (a) of section 265.20 of  this  article;
    56  or  (b) sells, exchanges, gives or disposes of such unfinished frames or

        S. 13--A                            3
 
     1  receivers to a gunsmith licensed pursuant  to  section  400.00  of  this
     2  chapter.
     3    Criminal  sale  of an unfinished frame or receiver in the first degree
     4  is a class D felony.
     5    § 5. Severability. If any clause, sentence, paragraph, section or part
     6  of this act shall be adjudged by any court of competent jurisdiction  to
     7  be  invalid,  such  judgment  shall not affect, impair or invalidate the
     8  remainder thereof, but shall be confined in its operation to the clause,
     9  sentence, paragraph, section or part thereof directly  involved  in  the
    10  controversy in which such judgment shall have been rendered.
    11    § 6. This act shall take effect on the one hundred twentieth day after
    12  it  shall have become a law. Effective immediately, the addition, amend-
    13  ment and/or repeal of any rule or regulation necessary for the implemen-
    14  tation of this act on its effective date are authorized to be  made  and
    15  completed on or before such effective date.
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