Bill Text: NY A00763 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes certain crimes relating to the criminal manufacture or possession of an undetectable firearm, rifle, or shotgun.

Spectrum: Partisan Bill (Democrat 33-1)

Status: (Introduced) 2019-05-20 - substituted by s1414a [A00763 Detail]

Download: New_York-2019-A00763-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         763--A
                                                                    R. R. 16
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2019
                                       ___________
        Introduced  by  M.  of  A.  ABINANTI,  MOSLEY, GALEF, JAFFEE, GOTTFRIED,
          BLAKE, RICHARDSON, COLTON, RIVERA, BUCHWALD, WEPRIN, SEAWRIGHT,  SIMO-
          TAS,  BURKE,  CRUZ,  FRONTUS,  GRIFFIN,  JACOBSON,  McMAHON, PICHARDO,
          REYES, SAYEGH, STECK,  STERN,  BUTTENSCHON,  D. ROSENTHAL,  FERNANDEZ,
          DINOWITZ  --  Multi-Sponsored  by  -- M. of A. GLICK, LAWRENCE, RAMOS,
          WALKER -- read once and referred to the Committee on Codes -- reported
          and referred to the Committee on Rules -- amended on the special order
          of third reading, ordered reprinted as amended, retaining its place on
          the special order of third reading
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation to establishing crimes relating to the criminal possession or
          manufacture of undetectable firearms, rifles or shotguns
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 265.00 of the penal law is amended by adding a  new
     2  subdivision 3-a to read as follows:
     3    3-a.  "Major  component  of  a  firearm,  rifle  or shotgun" means the
     4  barrel, the slide or cylinder, the frame, or receiver  of  the  firearm,
     5  rifle, or shotgun.
     6    §  2.  The  penal law is amended by adding two new sections 265.50 and
     7  265.55 to read as follows:
     8  § 265.50 Criminal manufacture, sale, or  transport  of  an  undetectable
     9             firearm, rifle or shotgun.
    10    A  person  is guilty of criminal manufacture, sale, or transport of an
    11  undetectable firearm, rifle or shotgun when he or she knowingly manufac-
    12  tures, causes to be manufactured, sells, exchanges, gives, disposes  of,
    13  transports, ships, or possesses with the intent to sell:
    14    1.  any  firearm,  rifle  or shotgun that, after the removal of grips,
    15  stocks and magazines, is not detectable by a metal  detector  calibrated
    16  to  detect  the  Security  Exemplar,  as defined pursuant to 18 U.S.C. §
    17  922(p); or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04445-07-9

        A. 763--A                           2
     1    2. any major component of a firearm, rifle or shotgun that, if subject
     2  to the types of detection devices commonly used at airports for security
     3  screening, does not generate an image that adequately displays the shape
     4  of the component.
     5    Criminal  manufacture,  sale, or transport of an undetectable firearm,
     6  rifle or shotgun is a class D felony.
     7  § 265.55 Criminal possession of an undetectable firearm, rifle or  shot-
     8             gun.
     9    A  person is guilty of criminal possession of an undetectable firearm,
    10  rifle or shotgun when he or she knowingly possesses:
    11    1. any firearm, rifle or shotgun that, after  the  removal  of  grips,
    12  stocks  and  magazines, is not detectable by a metal detector calibrated
    13  to detect the Security Exemplar, as defined  pursuant  to  18  U.S.C.  §
    14  922(p); or
    15    2. any major component of a firearm, rifle or shotgun that, if subject
    16  to the types of detection devices commonly used at airports for security
    17  screening, does not generate an image that adequately displays the shape
    18  of the component.
    19    Criminal  possession of an undetectable firearm, rifle or shotgun is a
    20  class E felony.
    21    § 3. The opening paragraph and the opening paragraph of paragraph 1 of
    22  subdivision a of section 265.20 of the penal law, the opening  paragraph
    23  as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
    24  the  opening  paragraph of paragraph 1 as amended by chapter 1041 of the
    25  laws of 1974, are amended to read as follows:
    26    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
    27  265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
    28  265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,  265.37,
    29  265.50, 265.55 and 270.05 shall not apply to:
    30    Possession   of   any  of  the  weapons,  instruments,  appliances  or
    31  substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
    32  265.50, 265.55 and 270.05 by the following:
    33    § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    34  as amended by chapter 368 of the laws of 2015, is  amended  to  read  as
    35  follows:
    36    (c)  Class  D violent felony offenses: an attempt to commit any of the
    37  class C felonies set forth in paragraph (b); reckless assault of a child
    38  as defined in section 120.02, assault in the second degree as defined in
    39  section 120.05, menacing a police officer or peace officer as defined in
    40  section 120.18, stalking in the first degree, as defined in  subdivision
    41  one  of section 120.60, strangulation in the second degree as defined in
    42  section 121.12, rape in the second degree as defined in section  130.30,
    43  criminal  sexual  act in the second degree as defined in section 130.45,
    44  sexual abuse in the first degree as defined in section 130.65, course of
    45  sexual conduct against a child  in  the  second  degree  as  defined  in
    46  section  130.80,  aggravated sexual abuse in the third degree as defined
    47  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    48  substance  as defined in section 130.90, labor trafficking as defined in
    49  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    50  possession  of  a  weapon  in the third degree as defined in subdivision
    51  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    52  a firearm in the third degree as defined in section 265.11, intimidating
    53  a victim or witness in the second degree as defined in  section  215.16,
    54  soliciting  or  providing  support for an act of terrorism in the second
    55  degree as defined in section 490.10, and making a terroristic threat  as
    56  defined  in  section  490.20, falsely reporting an incident in the first

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     1  degree as defined in section 240.60, placing a false bomb  or  hazardous
     2  substance  in  the  first degree as defined in section 240.62, placing a
     3  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
     4  transportation  facility or enclosed shopping mall as defined in section
     5  240.63, [and] aggravated unpermitted use of indoor pyrotechnics  in  the
     6  first  degree  as  defined  in section 405.18, and criminal manufacture,
     7  sale, or transport of an  undetectable  firearm,  rifle  or  shotgun  as
     8  defined in section 265.50.
     9    §  5.  The  opening  paragraph  of  paragraph  (c) of subdivision 2 of
    10  section 70.02 of the penal law, as amended by chapter 1 of the  laws  of
    11  2013, is amended to read as follows:
    12    Except  as  provided in subdivision six of section 60.05, the sentence
    13  imposed upon a person who stands convicted of the class D violent felony
    14  offenses of criminal possession of a  weapon  in  the  third  degree  as
    15  defined  in  subdivision  five,  seven, eight or nine of section 265.02,
    16  criminal sale of a firearm in the third degree  as  defined  in  section
    17  265.11  [or],  the  class  E  violent  felonies  of  attempted  criminal
    18  possession of a weapon in the third degree  as  defined  in  subdivision
    19  five,  seven,  eight or nine of section 265.02, or criminal manufacture,
    20  sale, or transport of an  undetectable  firearm,  rifle  or  shotgun  as
    21  defined  in section 265.50 must be a sentence to a determinate period of
    22  imprisonment, or, in the alternative, a definite sentence  of  imprison-
    23  ment for a period of no less than one year, except that:
    24    §  6.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
    25  law, as amended by chapter 189 of the laws of 2018, is amended  to  read
    26  as follows:
    27    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
    28  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    29  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
    30  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    31  135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
    32  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    33  140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
    34  145.12 relating to criminal mischief; article one hundred fifty relating
    35  to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
    36  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
    37  care  fraud;  article  one  hundred  sixty relating to robbery; sections
    38  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
    39  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
    40  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
    41  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
    42  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    43  176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
    44  to  criminal  diversion  of  prescription medications and prescriptions;
    45  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    46  200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
    47  215.00,  215.05 and 215.19 relating to bribery; sections 187.10, 187.15,
    48  187.20 and 187.25  relating  to  residential  mortgage  fraud,  sections
    49  190.40 and 190.42 relating to criminal usury; section 190.65 relating to
    50  schemes  to  defraud; any felony defined in article four hundred ninety-
    51  six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
    52  sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
    53  section 215.40 relating to tampering with  physical  evidence;  sections
    54  220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
    55  220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
    56  substances; sections 225.10 and 225.20 relating  to  gambling;  sections

        A. 763--A                           4
     1  230.25,  230.30,  and 230.32 relating to promoting prostitution; section
     2  230.34 relating to sex trafficking; section  230.34-a  relating  to  sex
     3  trafficking  of  a  child;  sections  235.06,  235.07, 235.21 and 235.22
     4  relating  to obscenity; sections 263.10 and 263.15 relating to promoting
     5  a sexual performance  by  a  child;  sections  265.02,  265.03,  265.04,
     6  265.11,  265.12,  265.13  and  the  provisions  of  section 265.10 which
     7  constitute a felony relating to firearms and  other  dangerous  weapons;
     8  sections  265.14  and  265.16  relating  to  criminal sale of a firearm;
     9  section 265.50 relating to the criminal manufacture, sale  or  transport
    10  of  an  undetectable  firearm, rifle or shotgun; section 275.10, 275.20,
    11  275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
    12  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
    13    §  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    14  procedure law, as amended by chapter 1 of the laws of 2019,  is  amended
    15  to read as follows:
    16    (b)  Any  of  the  following felonies: assault in the second degree as
    17  defined in section 120.05 of the penal law, assault in the first  degree
    18  as  defined in section 120.10 of the penal law, reckless endangerment in
    19  the first degree as defined in section 120.25 of the penal law,  promot-
    20  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    21  strangulation in the second degree as defined in section 121.12  of  the
    22  penal  law,  strangulation  in  the  first  degree as defined in section
    23  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    24  section  125.10  of  the penal law, manslaughter in the second degree as
    25  defined in section 125.15 of the penal law, manslaughter  in  the  first
    26  degree  as  defined  in  section  125.20 of the penal law, murder in the
    27  second degree as defined in section 125.25 of the penal law,  murder  in
    28  the  first degree as defined in section 125.27 of the penal law, rape in
    29  the third degree as defined in section 130.25 of the penal law, rape  in
    30  the second degree as defined in section 130.30 of the penal law, rape in
    31  the first degree as defined in section 130.35 of the penal law, criminal
    32  sexual act in the third degree as defined in section 130.40 of the penal
    33  law,  criminal  sexual  act  in  the second degree as defined in section
    34  130.45 of the penal law, criminal sexual act  in  the  first  degree  as
    35  defined  in  section  130.50 of the penal law, sexual abuse in the first
    36  degree as defined in section 130.65 of the penal law, unlawful imprison-
    37  ment in the first degree as defined in section 135.10 of the penal  law,
    38  kidnapping  in  the  second  degree  as defined in section 135.20 of the
    39  penal law, kidnapping in the first degree as defined in  section  135.25
    40  of  the penal law, labor trafficking as defined in section 135.35 of the
    41  penal law, aggravated labor trafficking as defined in section 135.37  of
    42  the  penal law, custodial interference in the first degree as defined in
    43  section 135.50 of the penal law, coercion in the first degree as defined
    44  in section 135.65 of the penal  law,  criminal  trespass  in  the  first
    45  degree  as  defined  in section 140.17 of the penal law, burglary in the
    46  third degree as defined in section 140.20 of the penal law, burglary  in
    47  the  second  degree  as  defined  in  section  140.25  of the penal law,
    48  burglary in the first degree as defined in section 140.30 of  the  penal
    49  law,  criminal mischief in the third degree as defined in section 145.05
    50  of the penal law, criminal mischief in the second degree as  defined  in
    51  section  145.10  of the penal law, criminal mischief in the first degree
    52  as defined in section 145.12 of the penal law, criminal tampering in the
    53  first degree as defined in section 145.20 of the penal law, arson in the
    54  fourth degree as defined in section 150.05 of the penal  law,  arson  in
    55  the third degree as defined in section 150.10 of the penal law, arson in
    56  the  second  degree as defined in section 150.15 of the penal law, arson

        A. 763--A                           5
     1  in the first degree as defined in section 150.20 of the penal law, grand
     2  larceny in the fourth degree as defined in section 155.30 of  the  penal
     3  law,  grand  larceny in the third degree as defined in section 155.35 of
     4  the  penal law, grand larceny in the second degree as defined in section
     5  155.40 of the penal law, grand larceny in the first degree as defined in
     6  section 155.42 of the penal law, health care fraud in the fourth  degree
     7  as  defined in section 177.10 of the penal law, health care fraud in the
     8  third degree as defined in section 177.15 of the penal law, health  care
     9  fraud  in  the  second  degree as defined in section 177.20 of the penal
    10  law, health care fraud in the first degree as defined in section  177.25
    11  of  the  penal  law,  robbery  in the third degree as defined in section
    12  160.05 of the penal law, robbery in the  second  degree  as  defined  in
    13  section  160.10 of the penal law, robbery in the first degree as defined
    14  in section 160.15 of the penal law, unlawful use  of  secret  scientific
    15  material  as  defined  in  section  165.07  of  the  penal law, criminal
    16  possession of stolen property in the fourth degree as defined in section
    17  165.45 of the penal law, criminal possession of stolen property  in  the
    18  third  degree  as  defined  in section 165.50 of the penal law, criminal
    19  possession of stolen property in the second degree as defined by section
    20  165.52 of the penal law, criminal possession of stolen property  in  the
    21  first  degree  as  defined by section 165.54 of the penal law, trademark
    22  counterfeiting in the second degree as defined in section 165.72 of  the
    23  penal  law,  trademark  counterfeiting in the first degree as defined in
    24  section 165.73 of the penal law, forgery in the second degree as defined
    25  in section 170.10 of the penal law,  forgery  in  the  first  degree  as
    26  defined  in  section  170.15  of the penal law, criminal possession of a
    27  forged instrument in the second degree as defined in section  170.25  of
    28  the  penal  law, criminal possession of a forged instrument in the first
    29  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    30  possession  of forgery devices as defined in section 170.40 of the penal
    31  law, falsifying business records in  the  first  degree  as  defined  in
    32  section  175.10  of  the penal law, tampering with public records in the
    33  first degree as defined in section 175.25 of the penal law,  offering  a
    34  false  instrument  for  filing in the first degree as defined in section
    35  175.35 of the penal law, issuing  a  false  certificate  as  defined  in
    36  section  175.40  of  the  penal  law, criminal diversion of prescription
    37  medications and prescriptions in the second degree as defined in section
    38  178.20 of the penal law, criminal diversion of prescription  medications
    39  and  prescriptions  in  the first degree as defined in section 178.25 of
    40  the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
    41  defined  in  section 187.10 of the penal law, residential mortgage fraud
    42  in the third degree as defined in section 187.15 of the penal law, resi-
    43  dential mortgage fraud in the second degree as defined in section 187.20
    44  of the penal law, residential mortgage fraud  in  the  first  degree  as
    45  defined  in section 187.25 of the penal law, escape in the second degree
    46  as defined in section 205.10 of the  penal  law,  escape  in  the  first
    47  degree  as  defined  in section 205.15 of the penal law, absconding from
    48  temporary release in the first degree as defined in  section  205.17  of
    49  the  penal  law,  promoting  prison  contraband  in  the first degree as
    50  defined in section 205.25 of the penal law, hindering prosecution in the
    51  second degree as defined in section 205.60 of the penal  law,  hindering
    52  prosecution  in  the  first  degree  as defined in section 205.65 of the
    53  penal law, sex trafficking as defined in section  230.34  of  the  penal
    54  law,  sex  trafficking  of a child as defined in section 230.34-a of the
    55  penal law, criminal possession of  a  weapon  in  the  third  degree  as
    56  defined  in  subdivisions  two,  three and five of section 265.02 of the

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     1  penal law, criminal possession of a  weapon  in  the  second  degree  as
     2  defined  in  section  265.03  of the penal law, criminal possession of a
     3  weapon in the first degree as defined in section  265.04  of  the  penal
     4  law,  manufacture,  transport, disposition and defacement of weapons and
     5  dangerous instruments and appliances defined as felonies in subdivisions
     6  one, two, and three of section 265.10 of the penal law, sections 265.11,
     7  265.12 and 265.13 of the penal law, or  prohibited  use  of  weapons  as
     8  defined  in subdivision two of section 265.35 of the penal law, relating
     9  to firearms and other dangerous weapons, criminal manufacture,  sale  or
    10  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
    11  section 265.50 of the penal law, or failure to disclose the origin of  a
    12  recording  in the first degree as defined in section 275.40 of the penal
    13  law;
    14    § 8. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law.
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