S T A T E O F N E W Y O R K ________________________________________________________________________ 381 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee 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 S 2. The penal law is amended by adding two new sections 265.50 and 11 265.55 to read as follows: 12 S 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. 22 CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM IS 23 A CLASS D FELONY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04881-01-5 A. 381 2 1 S 265.55 CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM. 2 A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM 3 WHEN HE OR SHE KNOWINGLY POSSESSES AN UNDETECTABLE FIREARM, RIFLE OR 4 SHOTGUN OR ANY UNDETECTABLE MAJOR COMPONENT OF A FIREARM, RIFLE, OR 5 SHOTGUN. 6 CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM IS A CLASS E FELONY. 7 S 3. The opening paragraph and the opening paragraph of paragraph 1 of 8 subdivision a of section 265.20 of the penal law, the opening paragraph 9 as amended by section 1 of part FF of chapter 57 of the laws of 2013 and 10 the opening paragraph of paragraph 1 as amended by chapter 1041 of the 11 laws of 1974, are amended to read as follows: 12 Paragraph (h) of subdivision twenty-two of section 265.00 and sections 13 265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03, 14 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37, 15 265.50, 265.55 and 270.05 shall not apply to: 16 Possession of any of the weapons, instruments, appliances or 17 substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05, 18 265.50, 265.55 and 270.05 by the following: 19 S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law, 20 as amended by chapter 1 of the laws of 2013, is amended to read as 21 follows: 22 (c) Class D violent felony offenses: an attempt to commit any of the 23 class C felonies set forth in paragraph (b); reckless assault of a child 24 as defined in section 120.02, assault in the second degree as defined in 25 section 120.05, menacing a police officer or peace officer as defined in 26 section 120.18, stalking in the first degree[,] as defined in subdivi- 27 sion one of section 120.60, strangulation in the second degree as 28 defined in section 121.12, rape in the second degree as defined in 29 section 130.30, criminal sexual act in the second degree as defined in 30 section 130.45, sexual abuse in the first degree as defined in section 31 130.65, course of sexual conduct against a child in the second degree as 32 defined in section 130.80, aggravated sexual abuse in the third degree 33 as defined in section 130.66, facilitating a sex offense with a 34 controlled substance as defined in section 130.90, criminal possession 35 of a weapon in the third degree as defined in subdivision five, six, 36 seven, eight, nine or ten of section 265.02, criminal sale of a firearm 37 in the third degree as defined in section 265.11, intimidating a victim 38 or witness in the second degree as defined in section 215.16, soliciting 39 or providing support for an act of terrorism in the second degree as 40 defined in section 490.10, and making a terroristic threat as defined in 41 section 490.20, falsely reporting an incident in the first degree as 42 defined in section 240.60, placing a false bomb or hazardous substance 43 in the first degree as defined in section 240.62, placing a false bomb 44 or hazardous substance in a sports stadium or arena, mass transportation 45 facility or enclosed shopping mall as defined in section 240.63, [and] 46 aggravated unpermitted use of indoor pyrotechnics in the first degree as 47 defined in section 405.18, AND CRIMINAL MANUFACTURE, SALE, OR TRANSPORT 48 OF AN UNDETECTABLE FIREARM AS DEFINED IN SECTION 265.50. 49 S 5. The opening paragraph of paragraph (c) of subdivision 2 of 50 section 70.02 of the penal law, as amended by chapter 1 of the laws of 51 2013, is amended to read as follows: 52 Except as provided in subdivision six of section 60.05, the sentence 53 imposed upon a person who stands convicted of the class D violent felony 54 offenses of criminal possession of a weapon in the third degree as 55 defined in subdivision five, seven, eight or nine of section 265.02, 56 criminal sale of a firearm in the third degree as defined in section A. 381 3 1 265.11 [or], the class E violent felonies of attempted criminal 2 possession of a weapon in the third degree as defined in subdivision 3 five, seven, eight or nine of section 265.02, OR CRIMINAL MANUFACTURE, 4 SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM AS DEFINED IN SECTION 5 265.50 must be a sentence to a determinate period of imprisonment, or, 6 in the alternative, a definite sentence of imprisonment for a period of 7 no less than one year, except that: 8 S 6. Paragraph (a) of subdivision 1 of section 460.10 of the penal 9 law, as amended by chapter 37 of the laws of 2014, is amended to read as 10 follows: 11 (a) Any of the felonies set forth in this chapter: sections 120.05, 12 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 13 ing to strangulation; sections 125.10 to 125.27 relating to homicide; 14 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 15 135.25 relating to kidnapping; section 135.35 relating to labor traf- 16 ficking; section 135.65 relating to coercion; sections 140.20, 140.25 17 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12 18 relating to criminal mischief; article one hundred fifty relating to 19 arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand 20 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health 21 care fraud; article one hundred sixty relating to robbery; sections 22 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of 23 stolen property; sections 165.72 and 165.73 relating to trademark coun- 24 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 25 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 26 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 27 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating 28 to criminal diversion of prescription medications and prescriptions; 29 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 30 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 31 215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25 32 relating to residential mortgage fraud[,]; sections 190.40 and 190.42 33 relating to criminal usury; section 190.65 relating to schemes to 34 defraud; any felony defined in article four hundred ninety-six; sections 35 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 36 210.15, and 215.51 relating to perjury and contempt; section 215.40 37 relating to tampering with physical evidence; sections 220.06, 220.09, 38 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 39 220.55, 220.60, 220.65 and 220.77 relating to controlled substances; 40 sections 225.10 and 225.20 relating to gambling; sections 230.25, 41 230.30, and 230.32 relating to promoting prostitution; section 230.34 42 relating to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 43 relating to obscenity; sections 263.10 and 263.15 relating to promoting 44 a sexual performance by a child; sections 265.02, 265.03, 265.04, 45 265.11, 265.12, 265.13 and the provisions of section 265.10 which 46 constitute a felony relating to firearms and other dangerous weapons; 47 sections 265.14 and 265.16 relating to criminal sale of a firearm; 48 section 275.10, 275.20, 275.30, or 275.40 relating to unauthorized 49 recordings; [and] sections 470.05, 470.10, 470.15 and 470.20 relating to 50 money laundering; AND SECTION 265.50 RELATING TO THE CRIMINAL MANUFAC- 51 TURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM; or 52 S 7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 53 procedure law, as amended by chapter 405 of the laws of 2010, is amended 54 to read as follows: 55 (b) Any of the following felonies: assault in the second degree as 56 defined in section 120.05 of the penal law, assault in the first degree A. 381 4 1 as defined in section 120.10 of the penal law, reckless endangerment in 2 the first degree as defined in section 120.25 of the penal law, promot- 3 ing a suicide attempt as defined in section 120.30 of the penal law, 4 strangulation in the second degree as defined in section 121.12 of the 5 penal law, strangulation in the first degree as defined in section 6 121.13 of the penal law, criminally negligent homicide as defined in 7 section 125.10 of the penal law, manslaughter in the second degree as 8 defined in section 125.15 of the penal law, manslaughter in the first 9 degree as defined in section 125.20 of the penal law, murder in the 10 second degree as defined in section 125.25 of the penal law, murder in 11 the first degree as defined in section 125.27 of the penal law, abortion 12 in the second degree as defined in section 125.40 of the penal law, 13 abortion in the first degree as defined in section 125.45 of the penal 14 law, rape in the third degree as defined in section 130.25 of the penal 15 law, rape in the second degree as defined in section 130.30 of the penal 16 law, rape in the first degree as defined in section 130.35 of the penal 17 law, criminal sexual act in the third degree as defined in section 18 130.40 of the penal law, criminal sexual act in the second degree as 19 defined in section 130.45 of the penal law, criminal sexual act in the 20 first degree as defined in section 130.50 of the penal law, sexual abuse 21 in the first degree as defined in section 130.65 of the penal law, 22 unlawful imprisonment in the first degree as defined in section 135.10 23 of the penal law, kidnapping in the second degree as defined in section 24 135.20 of the penal law, kidnapping in the first degree as defined in 25 section 135.25 of the penal law, labor trafficking as defined in section 26 135.35 of the penal law, custodial interference in the first degree as 27 defined in section 135.50 of the penal law, coercion in the first degree 28 as defined in section 135.65 of the penal law, criminal trespass in the 29 first degree as defined in section 140.17 of the penal law, burglary in 30 the third degree as defined in section 140.20 of the penal law, burglary 31 in the second degree as defined in section 140.25 of the penal law, 32 burglary in the first degree as defined in section 140.30 of the penal 33 law, criminal mischief in the third degree as defined in section 145.05 34 of the penal law, criminal mischief in the second degree as defined in 35 section 145.10 of the penal law, criminal mischief in the first degree 36 as defined in section 145.12 of the penal law, criminal tampering in the 37 first degree as defined in section 145.20 of the penal law, arson in the 38 fourth degree as defined in section 150.05 of the penal law, arson in 39 the third degree as defined in section 150.10 of the penal law, arson in 40 the second degree as defined in section 150.15 of the penal law, arson 41 in the first degree as defined in section 150.20 of the penal law, grand 42 larceny in the fourth degree as defined in section 155.30 of the penal 43 law, grand larceny in the third degree as defined in section 155.35 of 44 the penal law, grand larceny in the second degree as defined in section 45 155.40 of the penal law, grand larceny in the first degree as defined in 46 section 155.42 of the penal law, health care fraud in the fourth degree 47 as defined in section 177.10 of the penal law, health care fraud in the 48 third degree as defined in section 177.15 of the penal law, health care 49 fraud in the second degree as defined in section 177.20 of the penal 50 law, health care fraud in the first degree as defined in section 177.25 51 of the penal law, robbery in the third degree as defined in section 52 160.05 of the penal law, robbery in the second degree as defined in 53 section 160.10 of the penal law, robbery in the first degree as defined 54 in section 160.15 of the penal law, unlawful use of secret scientific 55 material as defined in section 165.07 of the penal law, criminal 56 possession of stolen property in the fourth degree as defined in section A. 381 5 1 165.45 of the penal law, criminal possession of stolen property in the 2 third degree as defined in section 165.50 of the penal law, criminal 3 possession of stolen property in the second degree as defined by section 4 165.52 of the penal law, criminal possession of stolen property in the 5 first degree as defined by section 165.54 of the penal law, trademark 6 counterfeiting in the second degree as defined in section 165.72 of the 7 penal law, trademark counterfeiting in the first degree as defined in 8 section 165.73 of the penal law, forgery in the second degree as defined 9 in section 170.10 of the penal law, forgery in the first degree as 10 defined in section 170.15 of the penal law, criminal possession of a 11 forged instrument in the second degree as defined in section 170.25 of 12 the penal law, criminal possession of a forged instrument in the first 13 degree as defined in section 170.30 of the penal law, criminal 14 possession of forgery devices as defined in section 170.40 of the penal 15 law, falsifying business records in the first degree as defined in 16 section 175.10 of the penal law, tampering with public records in the 17 first degree as defined in section 175.25 of the penal law, offering a 18 false instrument for filing in the first degree as defined in section 19 175.35 of the penal law, issuing a false certificate as defined in 20 section 175.40 of the penal law, criminal diversion of prescription 21 medications and prescriptions in the second degree as defined in section 22 178.20 of the penal law, criminal diversion of prescription medications 23 and prescriptions in the first degree as defined in section 178.25 of 24 the penal law, residential mortgage fraud in the fourth degree as 25 defined in section 187.10 of the penal law, residential mortgage fraud 26 in the third degree as defined in section 187.15 of the penal law, resi- 27 dential mortgage fraud in the second degree as defined in section 187.20 28 of the penal law, residential mortgage fraud in the first degree as 29 defined in section 187.25 of the penal law, escape in the second degree 30 as defined in section 205.10 of the penal law, escape in the first 31 degree as defined in section 205.15 of the penal law, absconding from 32 temporary release in the first degree as defined in section 205.17 of 33 the penal law, promoting prison contraband in the first degree as 34 defined in section 205.25 of the penal law, hindering prosecution in the 35 second degree as defined in section 205.60 of the penal law, hindering 36 prosecution in the first degree as defined in section 205.65 of the 37 penal law, sex trafficking as defined in section 230.34 of the penal 38 law, criminal possession of a weapon in the third degree as defined in 39 subdivisions two, three and five of section 265.02 of the penal law, 40 criminal possession of a weapon in the second degree as defined in 41 section 265.03 of the penal law, criminal possession of a weapon in the 42 first degree as defined in section 265.04 of the penal law, manufacture, 43 transport, disposition and defacement of weapons and dangerous instru- 44 ments and appliances defined as felonies in subdivisions one, two, and 45 three of section 265.10 of the penal law, sections 265.11, 265.12 and 46 265.13 of the penal law, [or] prohibited use of weapons as defined in 47 subdivision two of section 265.35 of the penal law, relating to firearms 48 and other dangerous weapons, [or] failure to disclose the origin of a 49 recording in the first degree as defined in section 275.40 of the penal 50 law, OR CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE 51 FIREARM AS DEFINED IN SECTION 265.50 OF THE PENAL LAW; 52 S 8. This act shall take effect on the one hundred eightieth day after 53 it shall have become a law.