Bill Text: NY S09324 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that it shall be unlawful to disseminate or publish files or instructions for the digital manufacture of a firearm or components.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-16 - REFERRED TO CODES [S09324 Detail]

Download: New_York-2021-S09324-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9324

                    IN SENATE

                                      May 16, 2022
                                       ___________

        Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to unlawful dissemination  or
          publication  of files or instructions for the digital manufacture of a
          firearm or components

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding a new section 265.65 to
     2  read as follows:
     3  § 265.65 Unlawful dissemination or publication of files or  instructions
     4             for the digital manufacture of a firearm or components.
     5    1.  A  person  is  guilty  of unlawful dissemination or publication of
     6  files or instructions for the digital manufacture of a firearm or compo-
     7  nents when:
     8    (a) he or she disseminates or publishes files or instructions for  the
     9  digital manufacture of a firearm or components without being licensed as
    10  a  gunsmith  or  dealer  in  firearms under article four hundred of this
    11  chapter; or
    12    (b) he or she disseminates or publishes files or instructions for  the
    13  digital  manufacture  of  a  firearm  or components without performing a
    14  background check on the purchaser or  downloader  of  such  instructions
    15  through the National Instant Criminal Background Check System (NICS), or
    16  its successor.
    17    2.  For  purposes  of this section "firearm" means the same as section
    18  265.00 of this article.
    19    3. For purposes of this section "digital manufacture of a  firearm  or
    20  components"  means  the production of any firearm or the major component
    21  of a firearm, rifle or shotgun using additive manufacturing  or  digital
    22  manufacturing  technologies  including,  but  not  limited  to, computer
    23  numerical control mills, three-dimensional printers, and  laser  cutting
    24  machines.
    25    4. Nothing in this section shall be construed to limit, or to enlarge,
    26  the  protections  that 47 U.S.C § 230 confers on an interactive computer

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15892-01-2
        S. 9324                             2

     1  service for content provided by another information content provider, as
     2  such terms are defined in 47 U.S.C. § 230.
     3    Unlawful dissemination or publication of files or instructions for the
     4  digital manufacture of a firearm or components is a class C felony.
     5    §  2.  Subdivision 3 of section 265.00 of the penal law, as amended by
     6  chapter 189 of the laws of 2000, is amended to read as follows:
     7    3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
     8  one or more barrels less than eighteen inches in length; or (c) a  rifle
     9  having  one  or  more barrels less than sixteen inches in length; or (d)
    10  any weapon made from a shotgun or rifle whether by alteration, modifica-
    11  tion, or otherwise if such weapon as altered, modified, or otherwise has
    12  an overall length of less than twenty-six  inches;  or  (e)  an  assault
    13  weapon;  or  (f)  a  digitally  manufactured  firearm  or component of a
    14  firearm, rifle or shotgun as defined in section 265.65 of this  article.
    15  For  the purpose of this subdivision the length of the barrel on a shot-
    16  gun or rifle shall be determined by measuring the distance  between  the
    17  muzzle  and  the face of the bolt, breech, or breechlock when closed and
    18  when the shotgun or rifle is cocked; the overall length of a weapon made
    19  from a shotgun or rifle is the distance between the extreme ends of  the
    20  weapon  measured  along  a line parallel to the center line of the bore.
    21  Firearm does not include an antique firearm.
    22    § 3. This act shall take effect immediately.