STATE OF NEW YORK ________________________________________________________________________ 2666--A 2021-2022 Regular Sessions IN ASSEMBLY January 19, 2021 ___________ Introduced by M. of A. LAVINE, STERN, STECK, GRIFFIN, PAULIN, SIMON, RAMOS, DINOWITZ, BENEDETTO, HEVESI, CYMBROWITZ, GALEF, NOLAN, JACOB- SON, SEAWRIGHT, BURDICK, THIELE, SILLITTI, GOTTFRIED, ENGLEBRIGHT, ZEBROWSKI, L. ROSENTHAL, CARROLL, JEAN-PIERRE, OTIS, EPSTEIN, PERRY, FAHY -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to enacting the "Scott J. Beigel unfinished receiver act" in relation to 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. This act shall be known and may be cited as the "Scott J. 2 Beigel unfinished receiver act". 3 § 2. Section 265.00 of the penal law is amended by adding a new subdi- 4 vision 32 to read as follows: 5 32. "Unfinished frame or receiver" means any material that does not 6 constitute the frame or receiver of a firearm, rifle or shotgun but that 7 has been shaped or formed in any way for the purpose of becoming the 8 frame or receiver of a firearm, rifle or shotgun, and which may readily 9 be made into a functional frame or receiver through milling, drilling or 10 other means. The term shall not include material that has had its size 11 or external shape altered to facilitate transportation or storage or has 12 had its chemical composition altered. 13 § 3. Section 265.01 of the penal law is amended by adding two new 14 subdivisions 9 and 10 to read as follows: 15 (9) Such person possesses a major component of a firearm, rifle, or 16 shotgun and such person is prohibited from possessing a shotgun or rifle 17 pursuant to: 18 (i) this article; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03225-02-1A. 2666--A 2 1 (ii) subsection (g) of section 922 of title 18 of the United States 2 Code; or 3 (iii) a temporary or final extreme risk protection order issued under 4 article sixty-three-A of the civil practice law and rules; or 5 (10) Such person is not required to be a gunsmith licensed pursuant to 6 section 400.00 of this chapter and, knowing it is an unfinished frame or 7 receiver, such person possesses an unfinished frame or receiver, 8 provided that for a period of six months after the effective date of 9 this subdivision, a person shall not be guilty under this subdivision 10 when such person: (a) voluntarily surrenders such unfinished frame or 11 receiver to any law enforcement official designated pursuant to subpara- 12 graph (f) of paragraph one of subdivision (a) of section 265.20 of this 13 article; or (b) possesses such unfinished frame or receiver prior to 14 serialization of such unfinished frame or receiver in accordance with 15 the requirements imposed on licensed importers and licensed manufactur- 16 ers pursuant to subsection (i) of Section 923 of Title 18 of the United 17 States Code and regulations issued pursuant thereto, except for antique 18 firearms as defined in subdivision fourteen of section 265.00 of this 19 article, as added by chapter nine hundred eighty-six of the laws of 20 nineteen hundred seventy-four, or any firearm, rifle or shotgun manufac- 21 tured prior to nineteen hundred sixty-eight. 22 § 4. The penal law is amended by adding two new sections 265.63 and 23 265.64 to read as follows: 24 § 265.63 Criminal sale of an unfinished frame or receiver in the second 25 degree. 26 A person is guilty of criminal sale of an unfinished frame or receiver 27 in the second degree when, knowing it is an unfinished frame or receiv- 28 er, such person unlawfully sells, exchanges, gives or disposes of an 29 unfinished frame or receiver, provided that for a period of six months 30 after the effective date of this section, a person shall not be guilty 31 of criminal sale of an unfinished frame or receiver in the second degree 32 if such person: (a) voluntarily surrenders such unfinished frame or 33 receiver to any law enforcement official designated pursuant to subpara- 34 graph (f) of paragraph one of subdivision (a) of section 265.20 of this 35 article; or (b) sells, exchanges, gives, or disposes of such unfinished 36 frame or receiver to a gunsmith licensed pursuant to section 400.00 of 37 this chapter. 38 Criminal sale of an unfinished frame or receiver in the second degree 39 is a class E felony. 40 § 265.64 Criminal sale of an unfinished frame or receiver in the first 41 degree. 42 A person is guilty of criminal sale of an unfinished frame or receiver 43 in the first degree when, knowing they are unfinished frames or receiv- 44 ers, such person unlawfully sells, exchanges, gives or disposes of a 45 total of ten or more unfinished frames or receivers in a period of not 46 more than one year, provided that for a period of six months after the 47 effective date of this section, a person shall not be guilty of criminal 48 sale of an unfinished frame or receiver in the first degree if such 49 person: (a) voluntarily surrenders such unfinished frames or receivers 50 to any law enforcement official designated pursuant to subparagraph (f) 51 of paragraph one of subdivision (a) of section 265.20 of this article; 52 or (b) sells, exchanges, gives or disposes of such unfinished frames or 53 receivers to a gunsmith licensed pursuant to section 400.00 of this 54 chapter. 55 Criminal sale of an unfinished frame or receiver in the first degree 56 is a class D felony.A. 2666--A 3 1 § 5. Severability. If any clause, sentence, paragraph, section or part 2 of this act shall be adjudged by any court of competent jurisdiction to 3 be invalid, such judgment shall not affect, impair or invalidate the 4 remainder thereof, but shall be confined in its operation to the clause, 5 sentence, paragraph, section or part thereof directly involved in the 6 controversy in which such judgment shall have been rendered. 7 § 6. This act shall take effect on the one hundred twentieth day after 8 it shall have become a law. Effective immediately, the addition, amend- 9 ment and/or repeal of any rule or regulation necessary for the implemen- 10 tation of this act on its effective date are authorized to be made and 11 completed on or before such effective date.