BILL NO A07671
SAME AS No same as
SPONSOR Rosenthal (MS)
COSPNSR Dinowitz, Mosley, Moya, Brennan, Paulin, Gottfried, Jacobs,
Scarborough, Buchwald, Hooper, Zebrowski, Cook, Steck, Schimel
Amd SS265.00 & 265.02, Pen L
Relates to the criminal possession of a firearm or magazine digitally made;
classifies such possession as a class D felony.
TITLE OF BILL: An act to amend the penal law, in relation to criminal
possession of a firearm or magazine digitally made
PURPOSE: The purpose of this legislation is to prohibit the
manufacturing, sale and use of firearms and ammunition magazines
digitally made by individuals.
SUMMARY OF PROVISIONS:
Section one adds a new section to 265.00 to the penal law.
Section two adds a new section to 265.02 to the penal law.
Section three sets forth the effective date.
JUSTIFICATION: The world's first operational firearm produced
entirely through the use of three-dimensional (3-D) printing was
recently unveiled. The creators proved the gun's ability to fire a
bullet and plan to eventually make their blueprints available online.
Digital manufacturing technologies, including computer numerical
control mills and laser cutting machines, have advanced to the point
where it is possible to fabricate any number of firearms or firearm
components and accessories. Some commercially available products, such
as the 3-D printer, can manufacture objects using materials that
cannot be detected by traditional metal detectors, and may not present
an accurate image on an X-ray-. The printed gun in question was
assembled from separately printed components made from ABS plastic;
only the firing pin was actually made from metal.
In addition, the production of a homemade firearm or ammunition would
circumvent a number of state laws regulating and requiring
registration of firearms and magazines.
PRIOR LEGISLATIVE HISTORY: New bill.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
May 30, 2013
Introduced by M. of A. ROSENTHAL, DINOWITZ, MOSLEY, MOYA, BRENNAN,
PAULIN, GOTTFRIED, JACOBS, SCARBOROUGH, BUCHWALD, HOOPER, ZEBROWSKI,
COOK, STECK, DIPIETRO, MAISEL -- Multi-Sponsored by -- M. of A.
GIBSON, ROBINSON -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal possession of a
firearm or magazine digitally made
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 a new
2 subdivision 25 to read as follows:
3 25. "FIREARM OR MAGAZINE DIGITALLY MADE" MEANS ANY FIREARM OR MAGAZINE
4 THAT IS PRODUCED USING DIGITAL MANUFACTURING TECHNOLOGIES INCLUDING BUT
5 NOT LIMITED TO, COMPUTER NUMERICAL CONTROL MILLS, THREE-DIMENSIONAL
6 PRINTERS, AND LASER CUTTING MACHINES.
7 S 2. Section 265.02 of the penal law is amended by adding a new subdi-
8 vision 4 to read as follows:
9 (4) SUCH PERSON KNOWINGLY POSSESSES AN UNDETECTABLE AND UNTRACEABLE
10 MACHINE-GUN, FIREARM OR MAGAZINE DIGITALLY MADE AS DEFINED BY SUBDIVI-
11 SION TWENTY-FIVE OF SECTION 265.00 OF THIS ARTICLE, RIFLE OR SHOTGUN
12 WHOSE FRAME OR RECEIVER IS COMPOSED OF OR BUILT WITH OR MANUFACTURED
13 WITH OR FABRICATED WITH MATERIALS THAT ARE NOT DETECTABLE BY A METAL
14 DETECTOR OR MAGNETOMETER WHEN SET AT STANDARD CALIBRATION.
15 S 3. This act shall take effect on the ninetieth day after it shall
16 have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.