STATE OF NEW YORK ________________________________________________________________________ 8719 IN SENATE May 10, 2018 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to prohibiting the possession, manufacture, transport and disposition of trigger modifi- cation devices The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 265.01-c 2 to read as follows: 3 § 265.01-c Criminal possession of a trigger modification device. 4 A person is guilty of criminal possession of a trigger modification 5 device when, with knowledge of the character thereof, he or she 6 possesses a trigger crank, a bump-fire device, or other combination of 7 parts, component, device, attachment or accessory, which is designed or 8 intended to function to accelerate the rate of fire of a firearm, rifle 9 or shotgun in such a way so as to operate in the same manner as a 10 machine-gun. 11 Criminal possession of a trigger modification device is a class A 12 misdemeanor. 13 § 2. Subdivisions 1, 2 and 3 of section 265.10 of the penal law, 14 subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008, and 15 subdivision 3 as amended by chapter 189 of the laws of 2000, are amended 16 to read as follows: 17 1. Any person who manufactures or causes to be manufactured any 18 machine-gun, assault weapon, large capacity ammunition feeding device or 19 disguised gun is guilty of a class D felony. Any person who manufactures 20 or causes to be manufactured a trigger crank, a bump-fire device, or 21 other combination of parts, component, device, attachment or accessory, 22 which is designed or intended to function to accelerate the rate of fire 23 of a firearm, rifle or shotgun in such a way so as to operate in the 24 same manner as a machine-gun is guilty of a class E felony. Any person 25 who manufactures or causes to be manufactured any switchblade knife, 26 gravity knife, pilum ballistic knife, metal knuckle knife, billy, 27 blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14972-02-8S. 8719 2 1 chuka stick, sandbag, sandclub or slungshot is guilty of a class A 2 misdemeanor. 3 2. Any person who transports or ships any machine-gun, firearm silenc- 4 er, assault weapon or large capacity ammunition feeding device or 5 disguised gun, or who transports or ships as merchandise five or more 6 firearms, is guilty of a class D felony. Any person who transports or 7 ships a trigger crank, a bump-fire device, or other combination of 8 parts, component, device, attachment or accessory, which is designed or 9 intended to function to accelerate the rate of fire of a firearm, rifle 10 or shotgun in such a way so as to operate in the same manner as a 11 machine-gun is guilty of a class E felony. Any person who transports or 12 ships as merchandise any firearm, other than an assault weapon, switch- 13 blade knife, gravity knife, pilum ballistic knife, billy, blackjack, 14 bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, 15 sandbag or slungshot is guilty of a class A misdemeanor. 16 3. Any person who disposes of any machine-gun, assault weapon, large 17 capacity ammunition feeding device or firearm silencer is guilty of a 18 class D felony. Any person who disposes of a trigger crank, a bump-fire 19 device, or other combination of parts, component, device, attachment or 20 accessory, which is designed or intended to function to accelerate the 21 rate of fire of a firearm, rifle or shotgun in such a way so as to oper- 22 ate in the same manner as a machine-gun is guilty of a class E felony. 23 Any person who knowingly buys, receives, disposes of, or conceals a 24 machine-gun, firearm, large capacity ammunition feeding device, rifle or 25 shotgun which has been defaced for the purpose of concealment or 26 prevention of the detection of a crime or misrepresenting the identity 27 of such machine-gun, firearm, large capacity ammunition feeding device, 28 rifle or shotgun is guilty of a class D felony. 29 § 3. The opening paragraph of subdivision a of section 265.20 of the 30 penal law, as amended by section 1 of part FF of chapter 57 of the laws 31 of 2013, is amended to read as follows: 32 Paragraph (h) of subdivision twenty-two of section 265.00 and sections 33 265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02, 34 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 35 265.37 and 270.05 shall not apply to: 36 § 4. The opening paragraph of paragraph 1 of subdivision a of section 37 265.20 of the penal law, as amended by chapter 1041 of the laws of 1974, 38 is amended to read as follows: 39 Possession of any of the weapons, instruments, appliances or 40 substances specified in sections 265.01, 265.01-c, 265.02, 265.03, 41 265.04, 265.05 and 270.05 by the following: 42 § 5. Paragraphs 2 and 8 of subdivision a of section 265.20 of the 43 penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and 44 paragraph 8 as amended by chapter 61 of the laws of 2010, are amended to 45 read as follows: 46 2. Possession of a machine-gun, large capacity ammunition feeding 47 device, trigger modification device as described in section 265.01-c of 48 this article, firearm, switchblade knife, gravity knife, pilum ballistic 49 knife, billy or blackjack by a warden, superintendent, headkeeper or 50 deputy of a state prison, penitentiary, workhouse, county jail or other 51 institution for the detention of persons convicted or accused of crime 52 or detained as witnesses in criminal cases, in pursuit of official duty 53 or when duly authorized by regulation or order to possess the same. 54 8. The manufacturer of machine-guns, firearm silencers, assault weap- 55 ons, large capacity ammunition feeding devices, trigger modification 56 devices as described in section 265.01-c of this article, disguisedS. 8719 3 1 guns, pilum ballistic knives, switchblade or gravity knives, billies or 2 blackjacks as merchandise, or as a transferee recipient of the same for 3 repair, lawful distribution or research and development, and the 4 disposal and shipment thereof direct to a regularly constituted or 5 appointed state or municipal police department, sheriff, policeman or 6 other peace officer, or to a state prison, penitentiary, workhouse, 7 county jail or other institution for the detention of persons convicted 8 or accused of crime or held as witnesses in criminal cases, or to the 9 military service of this state or of the United States; or for the 10 repair and return of the same to the lawful possessor or for research 11 and development. 12 § 6. This act shall take effect immediately; provided, however, that 13 section one of this act shall take effect on the one hundred twentieth 14 day after it shall have become a law.