STATE OF NEW YORK
________________________________________________________________________
9958
IN ASSEMBLY
March 1, 2018
___________
Introduced by M. of A. FAHY, HEASTIE, LENTOL, SIMOTAS, STECK, MOSLEY,
McDONALD, GOTTFRIED, ABBATE, SEPULVEDA, MAYER, ORTIZ, NIOU, ZEBROWSKI,
SOLAGES, BUCHWALD, LUPARDO, THIELE, SIMON, ENGLEBRIGHT, D'URSO, QUART,
GALEF, GLICK, DINOWITZ, McDONOUGH, COLTON, TITONE, L. ROSENTHAL,
JAFFEE, WEPRIN, ABINANTI, BRAUNSTEIN, SEAWRIGHT, HARRIS, LAVINE, HOOP-
ER, PERRY, PAULIN, MORELLE, RAMOS, ARROYO, PICHARDO, VANEL,
DE LA ROSA, HYNDMAN, O'DONNELL, PELLEGRINO, TAYLOR -- Multi-Sponsored
by -- M. of A. CROUCH, HEVESI, JEAN-PIERRE, LIFTON, SKARTADOS -- read
once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting the
possession, manufacture, transport and disposition of trigger modifi-
cation devices
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 265.01-c
2 to read as follows:
3 § 265.01-c Criminal possession of a trigger modification device.
4 A person is guilty of criminal possession of a trigger modification
5 device when, with knowledge of the character thereof, he or she
6 possesses a trigger crank, a bump-fire device, or other combination of
7 parts, component, device, attachment or accessory, which is designed or
8 intended to function to accelerate the rate of fire of a firearm, rifle
9 or shotgun in such a way so as to operate in the same manner as a
10 machine-gun.
11 Criminal possession of a trigger modification device is a class A
12 misdemeanor.
13 § 2. Subdivisions 1, 2 and 3 of section 265.10 of the penal law,
14 subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008, and
15 subdivision 3 as amended by chapter 189 of the laws of 2000, are amended
16 to read as follows:
17 1. Any person who manufactures or causes to be manufactured any
18 machine-gun, assault weapon, large capacity ammunition feeding device or
19 disguised gun is guilty of a class D felony. Any person who manufactures
20 or causes to be manufactured a trigger crank, a bump-fire device, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14972-02-8
A. 9958 2
1 other combination of parts, component, device, attachment or accessory,
2 which is designed or intended to function to accelerate the rate of fire
3 of a firearm, rifle or shotgun in such a way so as to operate in the
4 same manner as a machine-gun is guilty of a class E felony. Any person
5 who manufactures or causes to be manufactured any switchblade knife,
6 gravity knife, pilum ballistic knife, metal knuckle knife, billy,
7 blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star,
8 chuka stick, sandbag, sandclub or slungshot is guilty of a class A
9 misdemeanor.
10 2. Any person who transports or ships any machine-gun, firearm silenc-
11 er, assault weapon or large capacity ammunition feeding device or
12 disguised gun, or who transports or ships as merchandise five or more
13 firearms, is guilty of a class D felony. Any person who transports or
14 ships a trigger crank, a bump-fire device, or other combination of
15 parts, component, device, attachment or accessory, which is designed or
16 intended to function to accelerate the rate of fire of a firearm, rifle
17 or shotgun in such a way so as to operate in the same manner as a
18 machine-gun is guilty of a class E felony. Any person who transports or
19 ships as merchandise any firearm, other than an assault weapon, switch-
20 blade knife, gravity knife, pilum ballistic knife, billy, blackjack,
21 bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick,
22 sandbag or slungshot is guilty of a class A misdemeanor.
23 3. Any person who disposes of any machine-gun, assault weapon, large
24 capacity ammunition feeding device or firearm silencer is guilty of a
25 class D felony. Any person who disposes of a trigger crank, a bump-fire
26 device, or other combination of parts, component, device, attachment or
27 accessory, which is designed or intended to function to accelerate the
28 rate of fire of a firearm, rifle or shotgun in such a way so as to oper-
29 ate in the same manner as a machine-gun is guilty of a class E felony.
30 Any person who knowingly buys, receives, disposes of, or conceals a
31 machine-gun, firearm, large capacity ammunition feeding device, rifle or
32 shotgun which has been defaced for the purpose of concealment or
33 prevention of the detection of a crime or misrepresenting the identity
34 of such machine-gun, firearm, large capacity ammunition feeding device,
35 rifle or shotgun is guilty of a class D felony.
36 § 3. The opening paragraph of subdivision a of section 265.20 of the
37 penal law, as amended by section 1 of part FF of chapter 57 of the laws
38 of 2013, is amended to read as follows:
39 Paragraph (h) of subdivision twenty-two of section 265.00 and sections
40 265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02,
41 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
42 265.37 and 270.05 shall not apply to:
43 § 4. The opening paragraph of paragraph 1 of subdivision a of section
44 265.20 of the penal law, as amended by chapter 1041 of the laws of 1974,
45 is amended to read as follows:
46 Possession of any of the weapons, instruments, appliances or
47 substances specified in sections 265.01, 265.01-c, 265.02, 265.03,
48 265.04, 265.05 and 270.05 by the following:
49 § 5. Paragraphs 2 and 8 of subdivision a of section 265.20 of the
50 penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and
51 paragraph 8 as amended by chapter 61 of the laws of 2010, are amended to
52 read as follows:
53 2. Possession of a machine-gun, large capacity ammunition feeding
54 device, trigger modification device as described in section 265.01-c of
55 this article, firearm, switchblade knife, gravity knife, pilum ballistic
56 knife, billy or blackjack by a warden, superintendent, headkeeper or
A. 9958 3
1 deputy of a state prison, penitentiary, workhouse, county jail or other
2 institution for the detention of persons convicted or accused of crime
3 or detained as witnesses in criminal cases, in pursuit of official duty
4 or when duly authorized by regulation or order to possess the same.
5 8. The manufacturer of machine-guns, firearm silencers, assault weap-
6 ons, large capacity ammunition feeding devices, trigger modification
7 devices as described in section 265.01-c of this article, disguised
8 guns, pilum ballistic knives, switchblade or gravity knives, billies or
9 blackjacks as merchandise, or as a transferee recipient of the same for
10 repair, lawful distribution or research and development, and the
11 disposal and shipment thereof direct to a regularly constituted or
12 appointed state or municipal police department, sheriff, policeman or
13 other peace officer, or to a state prison, penitentiary, workhouse,
14 county jail or other institution for the detention of persons convicted
15 or accused of crime or held as witnesses in criminal cases, or to the
16 military service of this state or of the United States; or for the
17 repair and return of the same to the lawful possessor or for research
18 and development.
19 § 6. This act shall take effect immediately; provided, however, that
20 section one of this act shall take effect on the one hundred twentieth
21 day after it shall have become a law.