NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1772
SPONSOR: Lavine TITLE OF BILL:
An act to amend the penal law, in relation to unlawful dissemination or
publication of files or instructions for the digital manufacture of a
firearm or components
PURPOSE OR GENERAL IDEA OF BILL:
To address the increased threat posed by 3D printed firearms and compo-
nents.
SUMMARY OF PROVISIONS:
Sections one amends the penal law by adding a new section 265.65,
"unlawful dissemination or publication of files or instructions for the
digital manufacture of a firearm or components." This section states
that anyone who disseminates or publishes files or instructions for the
digital manufacture of a firearm or components without being licensed at
a gunsmith or dealer in firearms or who fails to perform a background
check on purchasers or downloaders is guilty of unlawful dissemination
or publication. Unlawful dissemination or publication of files or
instructions for the digital manufacture of a firearm or components is a
class C felony.
Section two amends the penal law section 265.00 to change the definition
of firearm to include firearms or components that are digitally manufac-
tured.
Section three provides the effective date.
JUSTIFICATION:
The new phenomenon of manufacturing firearms at home has been named the
Plastic Pipeline, a play on the more commonly known Iron Pipeline, the
route that illegal guns take from Southern states to New York. The plas-
tic pipeline poses a big threat to police because 3D printed firearms
are relatively cheap to print, can be sold for considerable profit, and
are almost impossible to trace. Individuals who would be rejected from
purchasing guns from licensed dealers should not be able to print
untraceable guns at home. This bill would require companies that make 3D
firearm files available to consumers to be licensed as a gunsmith and to
run background checks on purchasers prior to sale. This measure would
keep firearms out of the wrong hands and keep our communities safe.
PRIOR LEGISLATIVE HISTORY:
2021-22 A10605 referred to codes/ S9324 referred to codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
This act will take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1772
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to unlawful dissemination or
publication of files or instructions for the digital manufacture of a
firearm or components
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 265.67 to
2 read as follows:
3 § 265.67 Unlawful dissemination or publication of files or instructions
4 for the digital manufacture of a firearm or components.
5 1. A person is guilty of unlawful dissemination or publication of
6 files or instructions for the digital manufacture of a firearm or compo-
7 nents when:
8 (a) he or she disseminates or publishes files or instructions for the
9 digital manufacture of a firearm or components without being licensed as
10 a gunsmith or dealer in firearms under article four hundred of this
11 chapter; or
12 (b) he or she disseminates or publishes files or instructions for the
13 digital manufacture of a firearm or components without performing a
14 background check on the purchaser or downloader of such instructions
15 through the National Instant Criminal Background Check System (NICS), or
16 its successor.
17 2. For purposes of this section "firearm" means the same as section
18 265.00 of this article.
19 3. For purposes of this section "digital manufacture of a firearm or
20 components" means the production of any firearm or the major component
21 of a firearm, rifle or shotgun using additive manufacturing or digital
22 manufacturing technologies including, but not limited to, computer
23 numerical control mills, three-dimensional printers, and laser cutting
24 machines.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03304-01-3
A. 1772 2
1 4. Nothing in this section shall be construed to limit, or to enlarge,
2 the protections that 47 U.S.C § 230 confers on an interactive computer
3 service for content provided by another information content provider, as
4 such terms are defined in 47 U.S.C. § 230.
5 Unlawful dissemination or publication of files or instructions for the
6 digital manufacture of a firearm or components is a class C felony.
7 § 2. Subdivision 3 of section 265.00 of the penal law, as amended by
8 chapter 211 of the laws of 2022, is amended to read as follows:
9 3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
10 one or more barrels less than eighteen inches in length; or (c) a rifle
11 having one or more barrels less than sixteen inches in length; or (d)
12 any weapon made from a shotgun or rifle whether by alteration, modifica-
13 tion, or otherwise if such weapon as altered, modified, or otherwise has
14 an overall length of less than twenty-six inches; or (e) an assault
15 weapon; or (f) a digitally manufactured firearm or component of a
16 firearm, rifle or shotgun as defined in section 265.67 of this article;
17 or (g) any other weapon that is not otherwise defined in this section
18 containing any component that provides housing or a structure designed
19 to hold or integrate any fire control component that is designed to or
20 may readily be converted to expel a projectile by action of explosive.
21 For the purpose of this subdivision the length of the barrel on a shot-
22 gun or rifle shall be determined by measuring the distance between the
23 muzzle and the face of the bolt, breech, or breechlock when closed and
24 when the shotgun or rifle is cocked; the overall length of a weapon made
25 from a shotgun or rifle is the distance between the extreme ends of the
26 weapon measured along a line parallel to the center line of the bore.
27 Firearm does not include an antique firearm.
28 § 3. This act shall take effect immediately.
