STATE OF NEW YORK ________________________________________________________________________ 6918 2017-2018 Regular Sessions IN SENATE October 16, 2017 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law and the general business law, in relation to the possession, manufacture or sale of a trigger crank, a bump-fire device or other firing accelerators The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 265.01 of the penal law is amended by adding a new 2 subdivision 9 to read as follows: 3 (9) A person is guilty of criminal possession of a weapon in the 4 fourth degree when, with knowledge of the character thereof, he 5 possesses a trigger crank, a bump-fire device, or any part, combination 6 of parts, component, device, attachment, or accessory which is designed 7 or functions to accelerate the rate of fire of a semi-automatic rifle in 8 such a way so as to approximate the operation of a machine-gun. 9 § 2. Subdivisions 1 and 2 of section 265.10 of the penal law, as 10 amended by chapter 257 of the laws of 2008, are amended to read as 11 follows: 12 1. Any person who manufactures or causes to be manufactured any 13 machine-gun, assault weapon, large capacity ammunition feeding device or 14 disguised gun is guilty of a class D felony. Any person who manufactures 15 or causes to be manufactured a trigger crank, a bump-fire device, or any 16 part, combination of parts, component, device, attachment, or accessory 17 which is designed or functions to accelerate the rate of fire of a semi- 18 automatic rifle in such a way so as to approximate the operation of a 19 machine-gun is guilty of a class E felony. Any person who manufactures 20 or causes to be manufactured any switchblade knife, gravity knife, pilum 21 ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, plas- 22 tic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag, sand- 23 club or slungshot is guilty of a class A misdemeanor. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13595-02-7
S. 6918 2 1 2. Any person who transports or ships any machine-gun, firearm silenc- 2 er, assault weapon or large capacity ammunition feeding device or 3 disguised gun, or who transports or ships as merchandise five or more 4 firearms, is guilty of a class D felony. Any person who transports or 5 ships a trigger crank, a bump-fire device, or any part, combination of 6 parts, component, device, attachment, or accessory which is designed or 7 functions to accelerate the rate of fire of a semi-automatic rifle in 8 such a way so as to approximate the operation of a machine-gun is guilty 9 of a class E felony. Any person who transports or ships as merchandise 10 any firearm, other than an assault weapon, switchblade knife, gravity 11 knife, pilum ballistic knife, billy, blackjack, bludgeon, plastic knuck- 12 les, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is 13 guilty of a class A misdemeanor. 14 § 3. Subdivision 3 of section 897 of the general business law is 15 renumbered subdivision 4 and a new subdivision 3 is added to read as 16 follows: 17 3. No trigger crank, a bump-fire device, or any part, combination of 18 parts, component, device, attachment, or accessory which is designed or 19 functions to accelerate the rate of fire of a semi-automatic rifle in 20 such a way so as to approximate the operation of a machine-gun shall be 21 sold in this state to any person, firm, association or corporation 22 except that nothing in this section shall be construed to forbid the 23 sale of such goods to the state or any political subdivision thereof for 24 a law enforcement agency. 25 § 4. Subdivision 6 of section 898 of the general business law is 26 renumbered subdivision 7 and a new subdivision 6 is added to read as 27 follows: 28 6. No trigger crank, a bump-fire device, or any part, combination of 29 parts, component, device, attachment, or accessory which is designed or 30 functions to accelerate the rate of fire of a semi-automatic rifle in 31 such a way so as to approximate the operation of a machine-gun shall be 32 sold in this state to any person, firm, association or corporation 33 except that nothing in this section shall be construed to forbid the 34 sale of such goods to the state or any political subdivision thereof for 35 a law enforcement agency. 36 § 5. This act shall take effect immediately; provided, however, that 37 section one of this act shall take effect on the one hundred twentieth 38 day after it shall have become a law.