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S07364 Summary:

BILL NOS07364A
 
SAME ASSAME AS A07489-A
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRCLEARE, GOUNARDES, HARCKHAM, SKOUFIS
 
MLTSPNSR
 
Amd §§265.10 & 265.00, Pen L; amd §700.05, CP L
 
Relates to the regulation of three-dimensional printed firearms; provides that a person who intentionally sells, distributes, or disposes of a three-dimensional printed firearm is guilty of a class A misdemeanor.
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S07364 Actions:

BILL NOS07364A
 
05/22/2023REFERRED TO CODES
01/03/2024REFERRED TO CODES
05/16/2024AMEND AND RECOMMIT TO CODES
05/16/2024PRINT NUMBER 7364A
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S07364 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7364--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 22, 2023
                                       ___________
 
        Introduced  by  Sens. HOYLMAN-SIGAL, CLEARE, GOUNARDES, HARCKHAM -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
          relation to the regulation of three-dimensional printed firearms
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 1 of section 265.10 of the penal law, as sepa-
     2  rately amended by chapters 34, 130 and 146  of  the  laws  of  2019,  is
     3  amended and a new subdivision 10 is added to read as follows:
     4    1.  Any  person  who  manufactures  or  causes  to be manufactured any
     5  machine-gun, assault weapon, large capacity ammunition  feeding  device,
     6  ghost  gun, unfinished frame or receiver, firearm silencer, magazine, or
     7  major component of a firearm, rifle or shotgun or disguised gun is guil-
     8  ty of a class D felony. Any person who  manufactures  or  causes  to  be
     9  manufactured  any  rapid-fire modification device is guilty of a class E
    10  felony. Any person who manufactures or causes  to  be  manufactured  any
    11  switchblade knife, pilum ballistic knife, metal knuckle knife, undetect-
    12  able  knife,  billy, blackjack, bludgeon, plastic knuckles, metal knuck-
    13  les, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is guilty
    14  of a class A misdemeanor.
    15    10. Any person who intentionally sells, distributes, or  disposes  of,
    16  by  any  means,  including via the internet, digital instructions in the
    17  form of  computer-aided  design  files,  standard  triangle/tessellation
    18  language  files,  or  other  code  or  instructions  that may be used to
    19  program a  three-dimensional  printer  to  manufacture  or  produce  any
    20  machine-gun,  assault  weapon, large capacity ammunition feeding device,
    21  disguised gun, ghost gun, unfinished frame or receiver, firearm  silenc-
    22  er,  magazine,  or  major component of a firearm, rifle or shotgun, to a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11376-02-4

        S. 7364--A                          2
 
     1  person in New York who is not registered or licensed as  a  gunsmith  as
     2  provided  for  in  section  400.00 of this chapter with a Type 7 Federal
     3  Firearms License, is guilty of a class A misdemeanor.
     4    § 2. Section 265.00 of the penal law is amended by adding a new subdi-
     5  vision 36 to read as follows:
     6    36.  "Three-dimensional  printer"  means a computer or computer-driven
     7  machine or device capable of producing a three-dimensional object from a
     8  digital model.
     9    § 3. Subdivision 8 of section 700.05 of the criminal procedure law  is
    10  amended by adding a new paragraph (w) to read as follows:
    11    (w)  Manufacture, transport, disposition and defacement of weapons and
    12  dangerous instruments and appliances as provided in subdivision  ten  of
    13  section 265.10 of the penal law.
    14    § 4. Severability. If any provision of this act, or any application of
    15  any  provision of this act, is held to be invalid, that shall not affect
    16  the validity or effectiveness of any other provision of this act, or  of
    17  any  other  application of any provision of this act, which can be given
    18  effect without that provision or  application;  and  to  that  end,  the
    19  provisions and applications of this act are severable.
    20    §  5.  This  act  shall take effect on the sixtieth day after it shall
    21  have become a law.
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