STATE OF NEW YORK
________________________________________________________________________
8870
2019-2020 Regular Sessions
IN ASSEMBLY
December 18, 2019
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Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the general business law, in relation to the sale of
unfinished frames or receivers
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new article
2 39-DDDD to read as follows:
3 ARTICLE 39-DDDD
4 SALE OF UNFINISHED FRAMES OR RECEIVERS
5 Section 898-f. Definitions.
6 898-g. Sale of unfinished frames or receivers.
7 § 898-f. Definitions. For the purposes of this article:
8 1. "Unfinished frame or receiver" means a frame or receiver of a
9 firearm, rifle or shotgun whose fire-control cavity is completely solid
10 and un-machined, and which may readily be made into a functional frame
11 or receiver through milling, drilling or other means and includes any
12 other object, part or combination of parts which is not a functional
13 frame or receiver but is designed or intended to be used for that
14 purpose and can be readily made into a functional frame or receiver.
15 2. "Firearm" has the same meaning as that term is defined in 18 U.S.C.
16 921(a)(3).
17 3. "Rifle" has the same meaning as that term is defined in 18 U.S.C.
18 921(a)(7).
19 4. "Shotgun" has the same meaning as that term is defined in 18 U.S.C.
20 921(a)(5).
21 § 898-g. Sale of unfinished frames or receivers. 1. In addition to any
22 other requirements pursuant to state and federal law, all sales, includ-
23 ing, but not limited to, sales from online retailers, of any unfinished
24 frame or receiver shall be conducted in accordance with this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13888-02-9
A. 8870 2
1 2. Before any sale pursuant to this article, a national instant crimi-
2 nal background check shall be completed by a dealer, licensed pursuant
3 to section 400.00 of the penal law, who consents to conduct such check,
4 and upon completion of such background check, shall complete a document,
5 the form of which shall be approved by the superintendent of state
6 police, that identifies and confirms that such check was performed.
7 Before a dealer who consents to conduct a national instant criminal
8 background check delivers an unfinished frame or receiver to any person:
9 either (a) the national instant criminal background check system (NICS)
10 or its successor shall have issued a "proceed" response to the dealer,
11 or (b) thirty calendar days shall have elapsed since the date the dealer
12 contacted NICS to initiate a national instant criminal background check
13 and NICS has not notified the dealer that the transfer of the unfinished
14 frame or receiver to such person should be denied. Such background check
15 shall be conducted as if such unfinished frame or receiver was a
16 complete firearm, rifle or shotgun of the same model.
17 3. In addition to the background check required pursuant to subdivi-
18 sion two of this section, before a dealer delivers an unfinished frame
19 or receiver to any person, if such unfinished frame or receiver does not
20 have a serial number, such dealer shall conspicuously engrave, cast or
21 stamp such unfinished frame or receiver with a serial number the form
22 and content of which shall be approved by the superintendent of state
23 police.
24 4. All dealers shall maintain a record of such transactions conducted
25 pursuant to this section and such record shall be maintained on the
26 premises mentioned and described in the license and shall be open at all
27 reasonable hours for inspection by any peace officer, acting pursuant to
28 his or her special duties, or police officer.
29 5. Any record produced pursuant to this section and any transmission
30 thereof to any government agency shall not be considered a public record
31 for purposes of article six of the public officers law.
32 6. Any person who knowingly violates the provisions of this article
33 shall be guilty of a class A misdemeanor punishable as provided for in
34 the penal law.
35 § 2. This act shall take effect on the sixtieth day after it shall
36 have become a law.