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S00014 Summary:

BILL NOS00014A
 
SAME ASSAME AS A00613-A
 
SPONSORHOYLMAN
 
COSPNSRKAPLAN, BIAGGI, COONEY, GAUGHRAN, GOUNARDES, HARCKHAM, JACKSON, KAVANAGH, LIU, MAY, SEPULVEDA
 
MLTSPNSR
 
Amd §§265.00 & 265.01, add §§265.07, 265.60 & 265.61, Pen L
 
Criminalizes the sale of ghost guns and requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble.
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S00014 Actions:

BILL NOS00014A
 
01/06/2021REFERRED TO CODES
02/08/2021REPORTED AND COMMITTED TO RULES
02/09/2021ORDERED TO THIRD READING CAL.312
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 14A
06/02/2021REPASSED SENATE
06/02/2021RETURNED TO ASSEMBLY
06/02/2021referred to codes
06/07/2021substituted for a613a
06/07/2021ordered to third reading rules cal.409
06/08/2021passed assembly
06/08/2021returned to senate
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S00014 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          14--A
            Cal. No. 312
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced   by   Sens.   HOYLMAN,  KAPLAN,  BIAGGI,  COONEY,  GAUGHRAN,
          GOUNARDES, HARCKHAM, JACKSON, KAVANAGH, LIU, MAY  --  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 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.
                                                                   LBD00324-15-1

        S. 14--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

        S. 14--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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