S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7107
                                   I N  S E N A T E
                                    April 28, 2014
                                      ___________
       Introduced  by  Sen.  PARKER -- 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  a  ban  on  undetectable
         firearms,  undetectable  firearm receivers and undetectable ammunition
         magazines
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short title. This act shall be known as the "undetectable
    2  firearms act".
    3    S 2. Findings. The legislature finds that:
    4    (1) Federal Bureau of Investigation data shows that more  than  fifty-
    5  seven  percent  of  the  murders that occurred in New York state in 2011
    6  were perpetrated with a firearm;
    7    (2) digital manufacturing technologies, including  computer  numerical
    8  control  mills,  3-dimensional  printers  and laser cutting machines are
    9  quickly advancing so that they may soon be used to fabricate fully oper-
   10  ational firearm components; and
   11    (3) some commercially available digital manufacturing technologies can
   12  manufacture these components using materials that cannot be detected  by
   13  traditional metal detectors or x-ray imaging machines.
   14    S  3.  The penal law is amended by adding a new section 265.50 to read
   15  as follows:
   16  S 265.50 BAN ON UNDETECTABLE FIREARMS,  UNDETECTABLE  FIREARM  RECEIVERS
   17             AND UNDETECTABLE AMMUNITION MAGAZINES.
   18    1.  IT  SHALL  BE  UNLAWFUL  FOR  ANY PERSON TO KNOWINGLY MANUFACTURE,
   19  IMPORT, SELL, SHIP, DELIVER, TRANSFER, RECEIVE OR POSSESS:
   20    (A) ANY FIREARM:
   21    (I) THAT, AFTER REMOVAL OF GRIPS, STOCKS AND MAGAZINES, IS NOT DETECT-
   22  ABLE BY WALK-THROUGH METAL DETECTORS; OR
   23    (II) ANY MAJOR COMPONENT OF WHICH DOES  NOT  GENERATE  AN  IMAGE  THAT
   24  ACCURATELY  DEPICTS  THE  SHAPE  OF  THE  COMPONENT  WHEN  SUBJECTED  TO
   25  INSPECTION BY THE TYPES OF X-RAY MACHINES COMMONLY USED AT AIRPORTS; OR
   26    (B) ANY RECEIVER FOR A RIFLE OR HANDGUN MANUFACTURED BY A  PERSON  WHO
   27  IS NOT A LICENSED MANUFACTURER:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10881-04-3
       S. 7107                             2
    1    (I) THAT IS NOT DETECTABLE AS A RIFLE OR HANDGUN BY WALK-THROUGH METAL
    2  DETECTORS; OR
    3    (II)  WHICH  DOES  NOT  GENERATE  AN IMAGE THAT ACCURATELY DEPICTS THE
    4  SHAPE OF THE RECEIVER WHEN SUBJECTED TO INSPECTION BY THE TYPES OF X-RAY
    5  MACHINES COMMONLY USED AT AIRPORTS; OR
    6    (C) ANY AMMUNITION MAGAZINE MANUFACTURED BY A  PERSON  WHO  IS  NOT  A
    7  LICENSED MANUFACTURER:
    8    (I)  THAT, AFTER REMOVAL OF THE SPRING AND FOLLOWER, IS NOT DETECTABLE
    9  BY WALK-THROUGH METAL DETECTORS; OR
   10    (II) WHICH DOES NOT GENERATE AN  IMAGE  THAT  ACCURATELY  DEPICTS  THE
   11  SHAPE OF THE MAGAZINE WHEN SUBJECTED TO INSPECTION BY THE TYPES OF X-RAY
   12  MACHINES COMMONLY USED AT AIRPORTS.
   13    2. FOR THE PURPOSES OF THIS SECTION:
   14    (A)  THE  TERM "FIREARM" DOES NOT INCLUDE THE FRAME OR RECEIVER OF ANY
   15  SUCH WEAPON; AND
   16    (B) THE TERM "MAJOR COMPONENT" OF A  FIREARM  MEANS  THE  BARREL,  THE
   17  SLIDE OR CYLINDER, OR THE FRAME OR RECEIVER OF THE FIREARM.
   18    3.  THIS  SECTION SHALL NOT APPLY TO ANY FIREARM WHICH HAS BEEN CERTI-
   19  FIED BY AN AGENCY OF THE UNITED STATES AS NECESSARY FOR MILITARY  INTEL-
   20  LIGENCE  APPLICATIONS  AND  IS  MANUFACTURED FOR AND SOLD EXCLUSIVELY TO
   21  MILITARY OR INTELLIGENCE AGENCIES OF THE UNITED STATES.
   22    4. A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE GUIL-
   23  TY OF A CLASS E FELONY.
   24    S 4. The New York state police shall promulgate rules and  regulations
   25  necessary for the implementation of this act.
   26    S  5.  This  act shall take effect on the ninetieth day after it shall
   27  have become a law.