S T A T E O F N E W Y O R K
________________________________________________________________________
9963
I N A S S E M B L Y
June 3, 2014
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
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 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.
24 S 265.55 CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM.
25 A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM
26 WHEN HE OR SHE KNOWINGLY POSSESSES AN UNDETECTABLE FIREARM, RIFLE OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15324-05-4
A. 9963 2
1 SHOTGUN OR ANY UNDETECTABLE MAJOR COMPONENT OF A FIREARM, RIFLE, OR
2 SHOTGUN.
3 CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM IS A CLASS E FELONY.
4 S 3. The opening paragraph and the opening paragraph of paragraph 1 of
5 subdivision a of section 265.20 of the penal law, the opening paragraph
6 as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
7 the opening paragraph of paragraph 1 as amended by chapter 1041 of the
8 laws of 1974, are amended to read as follows:
9 Paragraph (h) of subdivision twenty-two of section 265.00 and sections
10 265.01, 265.01-a, subdivision one of section 265.01-b, 265.02, 265.03,
11 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37,
12 265.50, 265.55 and 270.05 shall not apply to:
13 Possession of any of the weapons, instruments, appliances or
14 substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
15 265.50, 265.55 and 270.05 by the following:
16 S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
17 as amended by chapter 1 of the laws of 2013, is amended to read as
18 follows:
19 (c) Class D violent felony offenses: an attempt to commit any of the
20 class C felonies set forth in paragraph (b); reckless assault of a child
21 as defined in section 120.02, assault in the second degree as defined in
22 section 120.05, menacing a police officer or peace officer as defined in
23 section 120.18, stalking in the first degree[,] as defined in subdivi-
24 sion one of section 120.60, strangulation in the second degree as
25 defined in section 121.12, rape in the second degree as defined in
26 section 130.30, criminal sexual act in the second degree as defined in
27 section 130.45, sexual abuse in the first degree as defined in section
28 130.65, course of sexual conduct against a child in the second degree as
29 defined in section 130.80, aggravated sexual abuse in the third degree
30 as defined in section 130.66, facilitating a sex offense with a
31 controlled substance as defined in section 130.90, criminal possession
32 of a weapon in the third degree as defined in subdivision five, six,
33 seven, eight, nine or ten of section 265.02, criminal sale of a firearm
34 in the third degree as defined in section 265.11, intimidating a victim
35 or witness in the second degree as defined in section 215.16, soliciting
36 or providing support for an act of terrorism in the second degree as
37 defined in section 490.10, and making a terroristic threat as defined in
38 section 490.20, falsely reporting an incident in the first degree as
39 defined in section 240.60, placing a false bomb or hazardous substance
40 in the first degree as defined in section 240.62, placing a false bomb
41 or hazardous substance in a sports stadium or arena, mass transportation
42 facility or enclosed shopping mall as defined in section 240.63, [and]
43 aggravated unpermitted use of indoor pyrotechnics in the first degree as
44 defined in section 405.18, AND CRIMINAL MANUFACTURE, SALE, OR TRANSPORT
45 OF AN UNDETECTABLE FIREARM AS DEFINED IN SECTION 265.50.
46 S 5. The opening paragraph of paragraph (c) of subdivision 2 of
47 section 70.02 of the penal law, as amended by chapter 1 of the laws of
48 2013, is amended to read as follows:
49 Except as provided in subdivision six of section 60.05, the sentence
50 imposed upon a person who stands convicted of the class D violent felony
51 offenses of criminal possession of a weapon in the third degree as
52 defined in subdivision five, seven, eight or nine of section 265.02,
53 criminal sale of a firearm in the third degree as defined in section
54 265.11 [or], the class E violent felonies of attempted criminal
55 possession of a weapon in the third degree as defined in subdivision
56 five, seven, eight or nine of section 265.02, OR CRIMINAL MANUFACTURE,
A. 9963 3
1 SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM AS DEFINED IN SECTION
2 265.50 must be a sentence to a determinate period of imprisonment, or,
3 in the alternative, a definite sentence of imprisonment for a period of
4 no less than one year, except that:
5 S 6. Paragraph (a) of subdivision 1 of section 460.10 of the penal
6 law, as amended by section 16 of subpart A of part H of chapter 55 of
7 the laws of 2014, is amended to read as follows:
8 (a) Any of the felonies set forth in this chapter: sections 120.05,
9 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
10 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
11 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
12 135.25 relating to kidnapping; section 135.35 relating to labor traf-
13 ficking; section 135.65 relating to coercion; sections 140.20, 140.25
14 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
15 relating to criminal mischief; article one hundred fifty relating to
16 arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
17 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
18 care fraud; article one hundred sixty relating to robbery; sections
19 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
20 stolen property; sections 165.72 and 165.73 relating to trademark coun-
21 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
22 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
23 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
24 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
25 to criminal diversion of prescription medications and prescriptions;
26 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
27 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
28 215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25
29 relating to residential mortgage fraud[,]; sections 190.40 and 190.42
30 relating to criminal usury; section 190.65 relating to schemes to
31 defraud; any felony defined in article four hundred ninety-six; sections
32 205.60 and 205.65 relating to hindering prosecution; sections 210.10,
33 210.15, and 215.51 relating to perjury and contempt; section 215.40
34 relating to tampering with physical evidence; sections 220.06, 220.09,
35 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,
36 220.55, 220.60 and 220.77 relating to controlled substances; sections
37 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and
38 230.32 relating to promoting prostitution; section 230.34 relating to
39 sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 relating to
40 obscenity; sections 263.10 and 263.15 relating to promoting a sexual
41 performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
42 265.13 and the provisions of section 265.10 which constitute a felony
43 relating to firearms and other dangerous weapons; sections 265.14 and
44 265.16 relating to criminal sale of a firearm; section 275.10, 275.20,
45 275.30, or 275.40 relating to unauthorized recordings; [and] sections
46 470.05, 470.10, 470.15 and 470.20 relating to money laundering; AND
47 SECTION 265.50 RELATING TO THE CRIMINAL MANUFACTURE, SALE, OR TRANSPORT
48 OF AN UNDETECTABLE FIREARM; or
49 S 7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
50 procedure law, as amended by chapter 405 of the laws of 2010, is amended
51 to read as follows:
52 (b) Any of the following felonies: assault in the second degree as
53 defined in section 120.05 of the penal law, assault in the first degree
54 as defined in section 120.10 of the penal law, reckless endangerment in
55 the first degree as defined in section 120.25 of the penal law, promot-
56 ing a suicide attempt as defined in section 120.30 of the penal law,
A. 9963 4
1 strangulation in the second degree as defined in section 121.12 of the
2 penal law, strangulation in the first degree as defined in section
3 121.13 of the penal law, criminally negligent homicide as defined in
4 section 125.10 of the penal law, manslaughter in the second degree as
5 defined in section 125.15 of the penal law, manslaughter in the first
6 degree as defined in section 125.20 of the penal law, murder in the
7 second degree as defined in section 125.25 of the penal law, murder in
8 the first degree as defined in section 125.27 of the penal law, abortion
9 in the second degree as defined in section 125.40 of the penal law,
10 abortion in the first degree as defined in section 125.45 of the penal
11 law, rape in the third degree as defined in section 130.25 of the penal
12 law, rape in the second degree as defined in section 130.30 of the penal
13 law, rape in the first degree as defined in section 130.35 of the penal
14 law, criminal sexual act in the third degree as defined in section
15 130.40 of the penal law, criminal sexual act in the second degree as
16 defined in section 130.45 of the penal law, criminal sexual act in the
17 first degree as defined in section 130.50 of the penal law, sexual abuse
18 in the first degree as defined in section 130.65 of the penal law,
19 unlawful imprisonment in the first degree as defined in section 135.10
20 of the penal law, kidnapping in the second degree as defined in section
21 135.20 of the penal law, kidnapping in the first degree as defined in
22 section 135.25 of the penal law, labor trafficking as defined in section
23 135.35 of the penal law, custodial interference in the first degree as
24 defined in section 135.50 of the penal law, coercion in the first degree
25 as defined in section 135.65 of the penal law, criminal trespass in the
26 first degree as defined in section 140.17 of the penal law, burglary in
27 the third degree as defined in section 140.20 of the penal law, burglary
28 in the second degree as defined in section 140.25 of the penal law,
29 burglary in the first degree as defined in section 140.30 of the penal
30 law, criminal mischief in the third degree as defined in section 145.05
31 of the penal law, criminal mischief in the second degree as defined in
32 section 145.10 of the penal law, criminal mischief in the first degree
33 as defined in section 145.12 of the penal law, criminal tampering in the
34 first degree as defined in section 145.20 of the penal law, arson in the
35 fourth degree as defined in section 150.05 of the penal law, arson in
36 the third degree as defined in section 150.10 of the penal law, arson in
37 the second degree as defined in section 150.15 of the penal law, arson
38 in the first degree as defined in section 150.20 of the penal law, grand
39 larceny in the fourth degree as defined in section 155.30 of the penal
40 law, grand larceny in the third degree as defined in section 155.35 of
41 the penal law, grand larceny in the second degree as defined in section
42 155.40 of the penal law, grand larceny in the first degree as defined in
43 section 155.42 of the penal law, health care fraud in the fourth degree
44 as defined in section 177.10 of the penal law, health care fraud in the
45 third degree as defined in section 177.15 of the penal law, health care
46 fraud in the second degree as defined in section 177.20 of the penal
47 law, health care fraud in the first degree as defined in section 177.25
48 of the penal law, robbery in the third degree as defined in section
49 160.05 of the penal law, robbery in the second degree as defined in
50 section 160.10 of the penal law, robbery in the first degree as defined
51 in section 160.15 of the penal law, unlawful use of secret scientific
52 material as defined in section 165.07 of the penal law, criminal
53 possession of stolen property in the fourth degree as defined in section
54 165.45 of the penal law, criminal possession of stolen property in the
55 third degree as defined in section 165.50 of the penal law, criminal
56 possession of stolen property in the second degree as defined by section
A. 9963 5
1 165.52 of the penal law, criminal possession of stolen property in the
2 first degree as defined by section 165.54 of the penal law, trademark
3 counterfeiting in the second degree as defined in section 165.72 of the
4 penal law, trademark counterfeiting in the first degree as defined in
5 section 165.73 of the penal law, forgery in the second degree as defined
6 in section 170.10 of the penal law, forgery in the first degree as
7 defined in section 170.15 of the penal law, criminal possession of a
8 forged instrument in the second degree as defined in section 170.25 of
9 the penal law, criminal possession of a forged instrument in the first
10 degree as defined in section 170.30 of the penal law, criminal
11 possession of forgery devices as defined in section 170.40 of the penal
12 law, falsifying business records in the first degree as defined in
13 section 175.10 of the penal law, tampering with public records in the
14 first degree as defined in section 175.25 of the penal law, offering a
15 false instrument for filing in the first degree as defined in section
16 175.35 of the penal law, issuing a false certificate as defined in
17 section 175.40 of the penal law, criminal diversion of prescription
18 medications and prescriptions in the second degree as defined in section
19 178.20 of the penal law, criminal diversion of prescription medications
20 and prescriptions in the first degree as defined in section 178.25 of
21 the penal law, residential mortgage fraud in the fourth degree as
22 defined in section 187.10 of the penal law, residential mortgage fraud
23 in the third degree as defined in section 187.15 of the penal law, resi-
24 dential mortgage fraud in the second degree as defined in section 187.20
25 of the penal law, residential mortgage fraud in the first degree as
26 defined in section 187.25 of the penal law, escape in the second degree
27 as defined in section 205.10 of the penal law, escape in the first
28 degree as defined in section 205.15 of the penal law, absconding from
29 temporary release in the first degree as defined in section 205.17 of
30 the penal law, promoting prison contraband in the first degree as
31 defined in section 205.25 of the penal law, hindering prosecution in the
32 second degree as defined in section 205.60 of the penal law, hindering
33 prosecution in the first degree as defined in section 205.65 of the
34 penal law, sex trafficking as defined in section 230.34 of the penal
35 law, criminal possession of a weapon in the third degree as defined in
36 subdivisions two, three and five of section 265.02 of the penal law,
37 criminal possession of a weapon in the second degree as defined in
38 section 265.03 of the penal law, criminal possession of a weapon in the
39 first degree as defined in section 265.04 of the penal law, manufacture,
40 transport, disposition and defacement of weapons and dangerous instru-
41 ments and appliances defined as felonies in subdivisions one, two, and
42 three of section 265.10 of the penal law, sections 265.11, 265.12 and
43 265.13 of the penal law, [or] prohibited use of weapons as defined in
44 subdivision two of section 265.35 of the penal law, relating to firearms
45 and other dangerous weapons, [or] failure to disclose the origin of a
46 recording in the first degree as defined in section 275.40 of the penal
47 law, OR CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE
48 FIREARM AS DEFINED IN SECTION 265.50 OF THE PENAL LAW;
49 S 8. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law.