STATE OF NEW YORK
________________________________________________________________________
763--A
R. R. 16
2019-2020 Regular Sessions
IN ASSEMBLY
January 10, 2019
___________
Introduced by M. of A. ABINANTI, MOSLEY, GALEF, JAFFEE, GOTTFRIED,
BLAKE, RICHARDSON, COLTON, RIVERA, BUCHWALD, WEPRIN, SEAWRIGHT, SIMO-
TAS, BURKE, CRUZ, FRONTUS, GRIFFIN, JACOBSON, McMAHON, PICHARDO,
REYES, SAYEGH, STECK, STERN, BUTTENSCHON, D. ROSENTHAL, FERNANDEZ,
DINOWITZ -- Multi-Sponsored by -- M. of A. GLICK, LAWRENCE, RAMOS,
WALKER -- read once and referred to the Committee on Codes -- reported
and referred to the Committee on Rules -- amended on the special order
of third reading, ordered reprinted as amended, retaining its place on
the special order of third reading
AN ACT to amend the penal law and the criminal procedure law, in
relation to establishing crimes relating to the criminal possession or
manufacture of undetectable firearms, rifles or shotguns
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 265.00 of the penal law is amended by adding a new
2 subdivision 3-a to read as follows:
3 3-a. "Major component of a firearm, rifle or shotgun" means the
4 barrel, the slide or cylinder, the frame, or receiver of the firearm,
5 rifle, or shotgun.
6 § 2. The penal law is amended by adding two new sections 265.50 and
7 265.55 to read as follows:
8 § 265.50 Criminal manufacture, sale, or transport of an undetectable
9 firearm, rifle or shotgun.
10 A person is guilty of criminal manufacture, sale, or transport of an
11 undetectable firearm, rifle or shotgun when he or she knowingly manufac-
12 tures, causes to be manufactured, sells, exchanges, gives, disposes of,
13 transports, ships, or possesses with the intent to sell:
14 1. any firearm, rifle or shotgun that, after the removal of grips,
15 stocks and magazines, is not detectable by a metal detector calibrated
16 to detect the Security Exemplar, as defined pursuant to 18 U.S.C. §
17 922(p); or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04445-07-9
A. 763--A 2
1 2. any major component of a firearm, rifle or shotgun that, if subject
2 to the types of detection devices commonly used at airports for security
3 screening, does not generate an image that adequately displays the shape
4 of the component.
5 Criminal manufacture, sale, or transport of an undetectable firearm,
6 rifle or shotgun is a class D felony.
7 § 265.55 Criminal possession of an undetectable firearm, rifle or shot-
8 gun.
9 A person is guilty of criminal possession of an undetectable firearm,
10 rifle or shotgun when he or she knowingly possesses:
11 1. any firearm, rifle or shotgun that, after the removal of grips,
12 stocks and magazines, is not detectable by a metal detector calibrated
13 to detect the Security Exemplar, as defined pursuant to 18 U.S.C. §
14 922(p); or
15 2. any major component of a firearm, rifle or shotgun that, if subject
16 to the types of detection devices commonly used at airports for security
17 screening, does not generate an image that adequately displays the shape
18 of the component.
19 Criminal possession of an undetectable firearm, rifle or shotgun is a
20 class E felony.
21 § 3. The opening paragraph and the opening paragraph of paragraph 1 of
22 subdivision a of section 265.20 of the penal law, the opening paragraph
23 as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
24 the opening paragraph of paragraph 1 as amended by chapter 1041 of the
25 laws of 1974, are amended to read as follows:
26 Paragraph (h) of subdivision twenty-two of section 265.00 and sections
27 265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
28 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37,
29 265.50, 265.55 and 270.05 shall not apply to:
30 Possession of any of the weapons, instruments, appliances or
31 substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
32 265.50, 265.55 and 270.05 by the following:
33 § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
34 as amended by chapter 368 of the laws of 2015, is amended to read as
35 follows:
36 (c) Class D violent felony offenses: an attempt to commit any of the
37 class C felonies set forth in paragraph (b); reckless assault of a child
38 as defined in section 120.02, assault in the second degree as defined in
39 section 120.05, menacing a police officer or peace officer as defined in
40 section 120.18, stalking in the first degree, as defined in subdivision
41 one of section 120.60, strangulation in the second degree as defined in
42 section 121.12, rape in the second degree as defined in section 130.30,
43 criminal sexual act in the second degree as defined in section 130.45,
44 sexual abuse in the first degree as defined in section 130.65, course of
45 sexual conduct against a child in the second degree as defined in
46 section 130.80, aggravated sexual abuse in the third degree as defined
47 in section 130.66, facilitating a sex offense with a controlled
48 substance as defined in section 130.90, labor trafficking as defined in
49 paragraphs (a) and (b) of subdivision three of section 135.35, criminal
50 possession of a weapon in the third degree as defined in subdivision
51 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
52 a firearm in the third degree as defined in section 265.11, intimidating
53 a victim or witness in the second degree as defined in section 215.16,
54 soliciting or providing support for an act of terrorism in the second
55 degree as defined in section 490.10, and making a terroristic threat as
56 defined in section 490.20, falsely reporting an incident in the first
A. 763--A 3
1 degree as defined in section 240.60, placing a false bomb or hazardous
2 substance in the first degree as defined in section 240.62, placing a
3 false bomb or hazardous substance in a sports stadium or arena, mass
4 transportation facility or enclosed shopping mall as defined in section
5 240.63, [and] aggravated unpermitted use of indoor pyrotechnics in the
6 first degree as defined in section 405.18, and criminal manufacture,
7 sale, or transport of an undetectable firearm, rifle or shotgun as
8 defined in section 265.50.
9 § 5. The opening paragraph of paragraph (c) of subdivision 2 of
10 section 70.02 of the penal law, as amended by chapter 1 of the laws of
11 2013, is amended to read as follows:
12 Except as provided in subdivision six of section 60.05, the sentence
13 imposed upon a person who stands convicted of the class D violent felony
14 offenses of criminal possession of a weapon in the third degree as
15 defined in subdivision five, seven, eight or nine of section 265.02,
16 criminal sale of a firearm in the third degree as defined in section
17 265.11 [or], the class E violent felonies of attempted criminal
18 possession of a weapon in the third degree as defined in subdivision
19 five, seven, eight or nine of section 265.02, or criminal manufacture,
20 sale, or transport of an undetectable firearm, rifle or shotgun as
21 defined in section 265.50 must be a sentence to a determinate period of
22 imprisonment, or, in the alternative, a definite sentence of imprison-
23 ment for a period of no less than one year, except that:
24 § 6. Paragraph (a) of subdivision 1 of section 460.10 of the penal
25 law, as amended by chapter 189 of the laws of 2018, is amended to read
26 as follows:
27 (a) Any of the felonies set forth in this chapter: sections 120.05,
28 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
29 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
30 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
31 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to
32 labor trafficking; section 135.65 relating to coercion; sections 140.20,
33 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and
34 145.12 relating to criminal mischief; article one hundred fifty relating
35 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
36 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
37 care fraud; article one hundred sixty relating to robbery; sections
38 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
39 stolen property; sections 165.72 and 165.73 relating to trademark coun-
40 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
41 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
42 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
43 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
44 to criminal diversion of prescription medications and prescriptions;
45 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
46 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
47 215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15,
48 187.20 and 187.25 relating to residential mortgage fraud, sections
49 190.40 and 190.42 relating to criminal usury; section 190.65 relating to
50 schemes to defraud; any felony defined in article four hundred ninety-
51 six; sections 205.60 and 205.65 relating to hindering prosecution;
52 sections 210.10, 210.15, and 215.51 relating to perjury and contempt;
53 section 215.40 relating to tampering with physical evidence; sections
54 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
55 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
56 substances; sections 225.10 and 225.20 relating to gambling; sections
A. 763--A 4
1 230.25, 230.30, and 230.32 relating to promoting prostitution; section
2 230.34 relating to sex trafficking; section 230.34-a relating to sex
3 trafficking of a child; sections 235.06, 235.07, 235.21 and 235.22
4 relating to obscenity; sections 263.10 and 263.15 relating to promoting
5 a sexual performance by a child; sections 265.02, 265.03, 265.04,
6 265.11, 265.12, 265.13 and the provisions of section 265.10 which
7 constitute a felony relating to firearms and other dangerous weapons;
8 sections 265.14 and 265.16 relating to criminal sale of a firearm;
9 section 265.50 relating to the criminal manufacture, sale or transport
10 of an undetectable firearm, rifle or shotgun; section 275.10, 275.20,
11 275.30, or 275.40 relating to unauthorized recordings; and sections
12 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
13 § 7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
14 procedure law, as amended by chapter 1 of the laws of 2019, is amended
15 to read as follows:
16 (b) Any of the following felonies: assault in the second degree as
17 defined in section 120.05 of the penal law, assault in the first degree
18 as defined in section 120.10 of the penal law, reckless endangerment in
19 the first degree as defined in section 120.25 of the penal law, promot-
20 ing a suicide attempt as defined in section 120.30 of the penal law,
21 strangulation in the second degree as defined in section 121.12 of the
22 penal law, strangulation in the first degree as defined in section
23 121.13 of the penal law, criminally negligent homicide as defined in
24 section 125.10 of the penal law, manslaughter in the second degree as
25 defined in section 125.15 of the penal law, manslaughter in the first
26 degree as defined in section 125.20 of the penal law, murder in the
27 second degree as defined in section 125.25 of the penal law, murder in
28 the first degree as defined in section 125.27 of the penal law, rape in
29 the third degree as defined in section 130.25 of the penal law, rape in
30 the second degree as defined in section 130.30 of the penal law, rape in
31 the first degree as defined in section 130.35 of the penal law, criminal
32 sexual act in the third degree as defined in section 130.40 of the penal
33 law, criminal sexual act in the second degree as defined in section
34 130.45 of the penal law, criminal sexual act in the first degree as
35 defined in section 130.50 of the penal law, sexual abuse in the first
36 degree as defined in section 130.65 of the penal law, unlawful imprison-
37 ment in the first degree as defined in section 135.10 of the penal law,
38 kidnapping in the second degree as defined in section 135.20 of the
39 penal law, kidnapping in the first degree as defined in section 135.25
40 of the penal law, labor trafficking as defined in section 135.35 of the
41 penal law, aggravated labor trafficking as defined in section 135.37 of
42 the penal law, custodial interference in the first degree as defined in
43 section 135.50 of the penal law, coercion in the first degree as defined
44 in section 135.65 of the penal law, criminal trespass in the first
45 degree as defined in section 140.17 of the penal law, burglary in the
46 third degree as defined in section 140.20 of the penal law, burglary in
47 the second degree as defined in section 140.25 of the penal law,
48 burglary in the first degree as defined in section 140.30 of the penal
49 law, criminal mischief in the third degree as defined in section 145.05
50 of the penal law, criminal mischief in the second degree as defined in
51 section 145.10 of the penal law, criminal mischief in the first degree
52 as defined in section 145.12 of the penal law, criminal tampering in the
53 first degree as defined in section 145.20 of the penal law, arson in the
54 fourth degree as defined in section 150.05 of the penal law, arson in
55 the third degree as defined in section 150.10 of the penal law, arson in
56 the second degree as defined in section 150.15 of the penal law, arson
A. 763--A 5
1 in the first degree as defined in section 150.20 of the penal law, grand
2 larceny in the fourth degree as defined in section 155.30 of the penal
3 law, grand larceny in the third degree as defined in section 155.35 of
4 the penal law, grand larceny in the second degree as defined in section
5 155.40 of the penal law, grand larceny in the first degree as defined in
6 section 155.42 of the penal law, health care fraud in the fourth degree
7 as defined in section 177.10 of the penal law, health care fraud in the
8 third degree as defined in section 177.15 of the penal law, health care
9 fraud in the second degree as defined in section 177.20 of the penal
10 law, health care fraud in the first degree as defined in section 177.25
11 of the penal law, robbery in the third degree as defined in section
12 160.05 of the penal law, robbery in the second degree as defined in
13 section 160.10 of the penal law, robbery in the first degree as defined
14 in section 160.15 of the penal law, unlawful use of secret scientific
15 material as defined in section 165.07 of the penal law, criminal
16 possession of stolen property in the fourth degree as defined in section
17 165.45 of the penal law, criminal possession of stolen property in the
18 third degree as defined in section 165.50 of the penal law, criminal
19 possession of stolen property in the second degree as defined by section
20 165.52 of the penal law, criminal possession of stolen property in the
21 first degree as defined by section 165.54 of the penal law, trademark
22 counterfeiting in the second degree as defined in section 165.72 of the
23 penal law, trademark counterfeiting in the first degree as defined in
24 section 165.73 of the penal law, forgery in the second degree as defined
25 in section 170.10 of the penal law, forgery in the first degree as
26 defined in section 170.15 of the penal law, criminal possession of a
27 forged instrument in the second degree as defined in section 170.25 of
28 the penal law, criminal possession of a forged instrument in the first
29 degree as defined in section 170.30 of the penal law, criminal
30 possession of forgery devices as defined in section 170.40 of the penal
31 law, falsifying business records in the first degree as defined in
32 section 175.10 of the penal law, tampering with public records in the
33 first degree as defined in section 175.25 of the penal law, offering a
34 false instrument for filing in the first degree as defined in section
35 175.35 of the penal law, issuing a false certificate as defined in
36 section 175.40 of the penal law, criminal diversion of prescription
37 medications and prescriptions in the second degree as defined in section
38 178.20 of the penal law, criminal diversion of prescription medications
39 and prescriptions in the first degree as defined in section 178.25 of
40 the penal law, residential mortgage fraud in the fourth degree as
41 defined in section 187.10 of the penal law, residential mortgage fraud
42 in the third degree as defined in section 187.15 of the penal law, resi-
43 dential mortgage fraud in the second degree as defined in section 187.20
44 of the penal law, residential mortgage fraud in the first degree as
45 defined in section 187.25 of the penal law, escape in the second degree
46 as defined in section 205.10 of the penal law, escape in the first
47 degree as defined in section 205.15 of the penal law, absconding from
48 temporary release in the first degree as defined in section 205.17 of
49 the penal law, promoting prison contraband in the first degree as
50 defined in section 205.25 of the penal law, hindering prosecution in the
51 second degree as defined in section 205.60 of the penal law, hindering
52 prosecution in the first degree as defined in section 205.65 of the
53 penal law, sex trafficking as defined in section 230.34 of the penal
54 law, sex trafficking of a child as defined in section 230.34-a of the
55 penal law, criminal possession of a weapon in the third degree as
56 defined in subdivisions two, three and five of section 265.02 of the
A. 763--A 6
1 penal law, criminal possession of a weapon in the second degree as
2 defined in section 265.03 of the penal law, criminal possession of a
3 weapon in the first degree as defined in section 265.04 of the penal
4 law, manufacture, transport, disposition and defacement of weapons and
5 dangerous instruments and appliances defined as felonies in subdivisions
6 one, two, and three of section 265.10 of the penal law, sections 265.11,
7 265.12 and 265.13 of the penal law, or prohibited use of weapons as
8 defined in subdivision two of section 265.35 of the penal law, relating
9 to firearms and other dangerous weapons, criminal manufacture, sale or
10 transport of an undetectable firearm, rifle or shotgun as defined in
11 section 265.50 of the penal law, or failure to disclose the origin of a
12 recording in the first degree as defined in section 275.40 of the penal
13 law;
14 § 8. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law.