STATE OF NEW YORK
________________________________________________________________________
763
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 --
Multi-Sponsored by -- M. of A. GLICK, LAWRENCE, RAMOS, WALKER -- read
once and referred to the Committee on Codes
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 two
2 new subdivisions 3-a and 26 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 26. "Undetectable" means not detectable by an X-ray machine, portable
7 pulsed x-ray generator, metal detector or magnetometer when set at a
8 standard calibration, or any other machine used to screen or inspect a
9 person and an object for a firearm, rifle, or shotgun.
10 § 2. The penal law is amended by adding two new sections 265.50 and
11 265.55 to read as follows:
12 § 265.50 Criminal manufacture, sale, or transport of an undetectable
13 firearm.
14 A person is guilty of criminal manufacture, sale, or transport of an
15 undetectable firearm when he or she knowingly manufactures, causes to be
16 manufactured, sells, exchanges, gives, disposes of, transports, ships,
17 or possesses with the intent to sell:
18 1. any firearm, rifle, or shotgun that, after removal of grips, stocks
19 and magazines, is undetectable; or
20 2. any major component of a firearm, rifle, or shotgun which is unde-
21 tectable.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04445-01-9
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1 Criminal manufacture, sale, or transport of an undetectable firearm is
2 a class D felony.
3 § 265.55 Criminal possession of an undetectable firearm.
4 A person is guilty of criminal possession of an undetectable firearm
5 when he or she knowingly possesses an undetectable firearm, rifle or
6 shotgun or any undetectable major component of a firearm, rifle, or
7 shotgun.
8 Criminal possession of an undetectable firearm is a class E felony.
9 § 3. The opening paragraph and the opening paragraph of paragraph 1 of
10 subdivision a of section 265.20 of the penal law, the opening paragraph
11 as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
12 the opening paragraph of paragraph 1 as amended by chapter 1041 of the
13 laws of 1974, are amended to read as follows:
14 Paragraph (h) of subdivision twenty-two of section 265.00 and sections
15 265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
16 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37,
17 265.50, 265.55 and 270.05 shall not apply to:
18 Possession of any of the weapons, instruments, appliances or
19 substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
20 265.50, 265.55 and 270.05 by the following:
21 § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
22 as amended by chapter 368 of the laws of 2015, is amended to read as
23 follows:
24 (c) Class D violent felony offenses: an attempt to commit any of the
25 class C felonies set forth in paragraph (b); reckless assault of a child
26 as defined in section 120.02, assault in the second degree as defined in
27 section 120.05, menacing a police officer or peace officer as defined in
28 section 120.18, stalking in the first degree, as defined in subdivision
29 one of section 120.60, strangulation in the second degree as defined in
30 section 121.12, rape in the second degree as defined in section 130.30,
31 criminal sexual act in the second degree as defined in section 130.45,
32 sexual abuse in the first degree as defined in section 130.65, course of
33 sexual conduct against a child in the second degree as defined in
34 section 130.80, aggravated sexual abuse in the third degree as defined
35 in section 130.66, facilitating a sex offense with a controlled
36 substance as defined in section 130.90, labor trafficking as defined in
37 paragraphs (a) and (b) of subdivision three of section 135.35, criminal
38 possession of a weapon in the third degree as defined in subdivision
39 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
40 a firearm in the third degree as defined in section 265.11, intimidating
41 a victim or witness in the second degree as defined in section 215.16,
42 soliciting or providing support for an act of terrorism in the second
43 degree as defined in section 490.10, and making a terroristic threat as
44 defined in section 490.20, falsely reporting an incident in the first
45 degree as defined in section 240.60, placing a false bomb or hazardous
46 substance in the first degree as defined in section 240.62, placing a
47 false bomb or hazardous substance in a sports stadium or arena, mass
48 transportation facility or enclosed shopping mall as defined in section
49 240.63, [and] aggravated unpermitted use of indoor pyrotechnics in the
50 first degree as defined in section 405.18, and criminal manufacture,
51 sale, or transport of an undetectable firearm as defined in section
52 265.50.
53 § 5. The opening paragraph of paragraph (c) of subdivision 2 of
54 section 70.02 of the penal law, as amended by chapter 1 of the laws of
55 2013, is amended to read as follows:
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1 Except as provided in subdivision six of section 60.05, the sentence
2 imposed upon a person who stands convicted of the class D violent felony
3 offenses of criminal possession of a weapon in the third degree as
4 defined in subdivision five, seven, eight or nine of section 265.02,
5 criminal sale of a firearm in the third degree as defined in section
6 265.11 [or], the class E violent felonies of attempted criminal
7 possession of a weapon in the third degree as defined in subdivision
8 five, seven, eight or nine of section 265.02, or criminal manufacture,
9 sale, or transport of an undetectable firearm as defined in section
10 265.50 must be a sentence to a determinate period of imprisonment, or,
11 in the alternative, a definite sentence of imprisonment for a period of
12 no less than one year, except that:
13 § 6. Paragraph (a) of subdivision 1 of section 460.10 of the penal
14 law, as amended by chapter 189 of the laws of 2018, is amended to read
15 as follows:
16 (a) Any of the felonies set forth in this chapter: sections 120.05,
17 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
18 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
19 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
20 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to
21 labor trafficking; section 135.65 relating to coercion; sections 140.20,
22 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and
23 145.12 relating to criminal mischief; article one hundred fifty relating
24 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
25 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
26 care fraud; article one hundred sixty relating to robbery; sections
27 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
28 stolen property; sections 165.72 and 165.73 relating to trademark coun-
29 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
30 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
31 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
32 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
33 to criminal diversion of prescription medications and prescriptions;
34 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
35 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
36 215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15,
37 187.20 and 187.25 relating to residential mortgage fraud, sections
38 190.40 and 190.42 relating to criminal usury; section 190.65 relating to
39 schemes to defraud; any felony defined in article four hundred ninety-
40 six; sections 205.60 and 205.65 relating to hindering prosecution;
41 sections 210.10, 210.15, and 215.51 relating to perjury and contempt;
42 section 215.40 relating to tampering with physical evidence; sections
43 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
44 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
45 substances; sections 225.10 and 225.20 relating to gambling; sections
46 230.25, 230.30, and 230.32 relating to promoting prostitution; section
47 230.34 relating to sex trafficking; section 230.34-a relating to sex
48 trafficking of a child; sections 235.06, 235.07, 235.21 and 235.22
49 relating to obscenity; sections 263.10 and 263.15 relating to promoting
50 a sexual performance by a child; sections 265.02, 265.03, 265.04,
51 265.11, 265.12, 265.13 and the provisions of section 265.10 which
52 constitute a felony relating to firearms and other dangerous weapons;
53 sections 265.14 and 265.16 relating to criminal sale of a firearm;
54 section 265.50 relating to the criminal manufacture, sale or transport
55 of an undetectable firearm; section 275.10, 275.20, 275.30, or 275.40
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1 relating to unauthorized recordings; and sections 470.05, 470.10, 470.15
2 and 470.20 relating to money laundering; or
3 § 7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
4 procedure law, as amended by chapter 189 of the laws of 2018, is amended
5 to read as follows:
6 (b) Any of the following felonies: assault in the second degree as
7 defined in section 120.05 of the penal law, assault in the first degree
8 as defined in section 120.10 of the penal law, reckless endangerment in
9 the first degree as defined in section 120.25 of the penal law, promot-
10 ing a suicide attempt as defined in section 120.30 of the penal law,
11 strangulation in the second degree as defined in section 121.12 of the
12 penal law, strangulation in the first degree as defined in section
13 121.13 of the penal law, criminally negligent homicide as defined in
14 section 125.10 of the penal law, manslaughter in the second degree as
15 defined in section 125.15 of the penal law, manslaughter in the first
16 degree as defined in section 125.20 of the penal law, murder in the
17 second degree as defined in section 125.25 of the penal law, murder in
18 the first degree as defined in section 125.27 of the penal law, abortion
19 in the second degree as defined in section 125.40 of the penal law,
20 abortion in the first degree as defined in section 125.45 of the penal
21 law, rape in the third degree as defined in section 130.25 of the penal
22 law, rape in the second degree as defined in section 130.30 of the penal
23 law, rape in the first degree as defined in section 130.35 of the penal
24 law, criminal sexual act in the third degree as defined in section
25 130.40 of the penal law, criminal sexual act in the second degree as
26 defined in section 130.45 of the penal law, criminal sexual act in the
27 first degree as defined in section 130.50 of the penal law, sexual abuse
28 in the first degree as defined in section 130.65 of the penal law,
29 unlawful imprisonment in the first degree as defined in section 135.10
30 of the penal law, kidnapping in the second degree as defined in section
31 135.20 of the penal law, kidnapping in the first degree as defined in
32 section 135.25 of the penal law, labor trafficking as defined in section
33 135.35 of the penal law, aggravated labor trafficking as defined in
34 section 135.37 of the penal law, custodial interference in the first
35 degree as defined in section 135.50 of the penal law, coercion in the
36 first degree as defined in section 135.65 of the penal law, criminal
37 trespass in the first degree as defined in section 140.17 of the penal
38 law, burglary in the third degree as defined in section 140.20 of the
39 penal law, burglary in the second degree as defined in section 140.25 of
40 the penal law, burglary in the first degree as defined in section 140.30
41 of the penal law, criminal mischief in the third degree as defined in
42 section 145.05 of the penal law, criminal mischief in the second degree
43 as defined in section 145.10 of the penal law, criminal mischief in the
44 first degree as defined in section 145.12 of the penal law, criminal
45 tampering in the first degree as defined in section 145.20 of the penal
46 law, arson in the fourth degree as defined in section 150.05 of the
47 penal law, arson in the third degree as defined in section 150.10 of the
48 penal law, arson in the second degree as defined in section 150.15 of
49 the penal law, arson in the first degree as defined in section 150.20 of
50 the penal law, grand larceny in the fourth degree as defined in section
51 155.30 of the penal law, grand larceny in the third degree as defined in
52 section 155.35 of the penal law, grand larceny in the second degree as
53 defined in section 155.40 of the penal law, grand larceny in the first
54 degree as defined in section 155.42 of the penal law, health care fraud
55 in the fourth degree as defined in section 177.10 of the penal law,
56 health care fraud in the third degree as defined in section 177.15 of
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1 the penal law, health care fraud in the second degree as defined in
2 section 177.20 of the penal law, health care fraud in the first degree
3 as defined in section 177.25 of the penal law, robbery in the third
4 degree as defined in section 160.05 of the penal law, robbery in the
5 second degree as defined in section 160.10 of the penal law, robbery in
6 the first degree as defined in section 160.15 of the penal law, unlawful
7 use of secret scientific material as defined in section 165.07 of the
8 penal law, criminal possession of stolen property in the fourth degree
9 as defined in section 165.45 of the penal law, criminal possession of
10 stolen property in the third degree as defined in section 165.50 of the
11 penal law, criminal possession of stolen property in the second degree
12 as defined by section 165.52 of the penal law, criminal possession of
13 stolen property in the first degree as defined by section 165.54 of the
14 penal law, trademark counterfeiting in the second degree as defined in
15 section 165.72 of the penal law, trademark counterfeiting in the first
16 degree as defined in section 165.73 of the penal law, forgery in the
17 second degree as defined in section 170.10 of the penal law, forgery in
18 the first degree as defined in section 170.15 of the penal law, criminal
19 possession of a forged instrument in the second degree as defined in
20 section 170.25 of the penal law, criminal possession of a forged instru-
21 ment in the first degree as defined in section 170.30 of the penal law,
22 criminal possession of forgery devices as defined in section 170.40 of
23 the penal law, falsifying business records in the first degree as
24 defined in section 175.10 of the penal law, tampering with public
25 records in the first degree as defined in section 175.25 of the penal
26 law, offering a false instrument for filing in the first degree as
27 defined in section 175.35 of the penal law, issuing a false certificate
28 as defined in section 175.40 of the penal law, criminal diversion of
29 prescription medications and prescriptions in the second degree as
30 defined in section 178.20 of the penal law, criminal diversion of
31 prescription medications and prescriptions in the first degree as
32 defined in section 178.25 of the penal law, residential mortgage fraud
33 in the fourth degree as defined in section 187.10 of the penal law,
34 residential mortgage fraud in the third degree as defined in section
35 187.15 of the penal law, residential mortgage fraud in the second degree
36 as defined in section 187.20 of the penal law, residential mortgage
37 fraud in the first degree as defined in section 187.25 of the penal law,
38 escape in the second degree as defined in section 205.10 of the penal
39 law, escape in the first degree as defined in section 205.15 of the
40 penal law, absconding from temporary release in the first degree as
41 defined in section 205.17 of the penal law, promoting prison contraband
42 in the first degree as defined in section 205.25 of the penal law,
43 hindering prosecution in the second degree as defined in section 205.60
44 of the penal law, hindering prosecution in the first degree as defined
45 in section 205.65 of the penal law, sex trafficking as defined in
46 section 230.34 of the penal law, sex trafficking of a child as defined
47 in section 230.34-a of the penal law, criminal possession of a weapon in
48 the third degree as defined in subdivisions two, three and five of
49 section 265.02 of the penal law, criminal possession of a weapon in the
50 second degree as defined in section 265.03 of the penal law, criminal
51 possession of a weapon in the first degree as defined in section 265.04
52 of the penal law, manufacture, transport, disposition and defacement of
53 weapons and dangerous instruments and appliances defined as felonies in
54 subdivisions one, two, and three of section 265.10 of the penal law,
55 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
56 of weapons as defined in subdivision two of section 265.35 of the penal
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1 law, relating to firearms and other dangerous weapons, criminal manufac-
2 ture, sale, or transport of an undetectable firearm as defined in
3 section 265.50 of the penal law, or failure to disclose the origin of a
4 recording in the first degree as defined in section 275.40 of the penal
5 law;
6 § 8. This act shall take effect on the one hundred eightieth day after
7 it shall have become a law.