Bill Text: NY A02666 | 2021-2022 | General Assembly | Amended

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 31-0)

Status: (Introduced - Dead) 2021-06-07 - substituted by s13a [A02666 Detail]

Download: New_York-2021-A02666-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         2666--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced  by  M.  of  A. LAVINE, STERN, STECK, GRIFFIN, PAULIN, SIMON,
          RAMOS, DINOWITZ, BENEDETTO, HEVESI, CYMBROWITZ, GALEF,  NOLAN,  JACOB-
          SON,  SEAWRIGHT,  BURDICK,  THIELE,  SILLITTI, GOTTFRIED, ENGLEBRIGHT,
          ZEBROWSKI, L. ROSENTHAL, CARROLL, JEAN-PIERRE, OTIS,  EPSTEIN,  PERRY,
          FAHY  -- 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  "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:
    15    (9)  Such  person  possesses a major component of a firearm, rifle, or
    16  shotgun and such person is prohibited from possessing a shotgun or rifle
    17  pursuant to:
    18    (i) this article;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03225-02-1
        A. 2666--A                          2

     1    (ii) subsection (g) of section 922 of title 18 of  the  United  States
     2  Code; or
     3    (iii)  a temporary or final extreme risk protection order issued under
     4  article sixty-three-A of the civil practice law and rules; or
     5    (10) Such person is not required to be a gunsmith licensed pursuant to
     6  section 400.00 of this chapter and, knowing it is an unfinished frame or
     7  receiver,  such  person  possesses  an  unfinished  frame  or  receiver,
     8  provided  that  for  a  period of six months after the effective date of
     9  this subdivision, a person shall not be guilty  under  this  subdivision
    10  when  such person:   (a) voluntarily surrenders such unfinished frame or
    11  receiver to any law enforcement official designated pursuant to subpara-
    12  graph (f) of paragraph one of subdivision (a) of section 265.20 of  this
    13  article;  or  (b)  possesses  such unfinished frame or receiver prior to
    14  serialization of such unfinished frame or receiver  in  accordance  with
    15  the  requirements imposed on licensed importers and licensed manufactur-
    16  ers pursuant to subsection (i) of Section 923 of Title 18 of the  United
    17  States  Code and regulations issued pursuant thereto, except for antique
    18  firearms as defined in subdivision fourteen of section  265.00  of  this
    19  article,    as  added  by chapter nine hundred eighty-six of the laws of
    20  nineteen hundred seventy-four, or any firearm, rifle or shotgun manufac-
    21  tured prior to nineteen hundred sixty-eight.
    22    § 4. The penal law is amended by adding two new  sections  265.63  and
    23  265.64 to read as follows:
    24  § 265.63 Criminal  sale of an unfinished frame or receiver in the second
    25             degree.
    26    A person is guilty of criminal sale of an unfinished frame or receiver
    27  in the second degree when, knowing it is an unfinished frame or  receiv-
    28  er,  such  person  unlawfully  sells, exchanges, gives or disposes of an
    29  unfinished frame or receiver, provided that for a period of  six  months
    30  after  the  effective date of this section, a person shall not be guilty
    31  of criminal sale of an unfinished frame or receiver in the second degree
    32  if such person:   (a) voluntarily surrenders such  unfinished  frame  or
    33  receiver to any law enforcement official designated pursuant to subpara-
    34  graph  (f) of paragraph one of subdivision (a) of section 265.20 of this
    35  article; or (b) sells, exchanges, gives, or disposes of such  unfinished
    36  frame  or  receiver to a gunsmith licensed pursuant to section 400.00 of
    37  this chapter.
    38    Criminal sale of an unfinished frame or receiver in the second  degree
    39  is a class E felony.
    40  § 265.64 Criminal  sale  of an unfinished frame or receiver in the first
    41             degree.
    42    A person is guilty of criminal sale of an unfinished frame or receiver
    43  in the first degree when, knowing they are unfinished frames or  receiv-
    44  ers,  such  person  unlawfully  sells, exchanges, gives or disposes of a
    45  total of ten or more unfinished frames or receivers in a period  of  not
    46  more  than  one year, provided that for a period of six months after the
    47  effective date of this section, a person shall not be guilty of criminal
    48  sale of an unfinished frame or receiver in  the  first  degree  if  such
    49  person:   (a) voluntarily surrenders such unfinished frames or receivers
    50  to any law enforcement official designated pursuant to subparagraph  (f)
    51  of  paragraph  one of subdivision (a) of section 265.20 of this article;
    52  or (b) sells, exchanges, gives or disposes of such unfinished frames  or
    53  receivers  to  a  gunsmith  licensed  pursuant to section 400.00 of this
    54  chapter.
    55    Criminal sale of an unfinished frame or receiver in the  first  degree
    56  is a class D felony.
        A. 2666--A                          3

     1    § 5. Severability. If any clause, sentence, paragraph, section or part
     2  of  this act shall be adjudged by any court of competent jurisdiction to
     3  be invalid, such judgment shall not affect,  impair  or  invalidate  the
     4  remainder thereof, but shall be confined in its operation to the clause,
     5  sentence,  paragraph,  section  or part thereof directly involved in the
     6  controversy in which such judgment shall have been rendered.
     7    § 6. This act shall take effect on the one hundred twentieth day after
     8  it shall have become a law. Effective immediately, the addition,  amend-
     9  ment and/or repeal of any rule or regulation necessary for the implemen-
    10  tation  of  this act on its effective date are authorized to be made and
    11  completed on or before such effective date.