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S00399 Summary:

BILL NOS00399A
 
SAME ASSAME AS A00199-A
 
SPONSORMYRIE
 
COSPNSRADDABBO, CLEARE, COMRIE, FAHY, FERNANDEZ, GOUNARDES, HARCKHAM, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, MAY, MAYER, SALAZAR, STAVISKY
 
MLTSPNSR
 
Amd §§265.00, 265.10 & 265.20, Pen L
 
Makes it illegal for certain persons to possess or sell a pistol converter or a converted pistol.
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S00399 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         399--A
            Cal. No. 1247
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sens.  MYRIE,  ADDABBO, CLEARE, COMRIE, FAHY, FERNANDEZ,
          GOUNARDES,  HARCKHAM,  HOYLMAN-SIGAL,  JACKSON,  KAVANAGH,  LIU,  MAY,
          MAYER,  SALAZAR,  STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes -- reported  favora-
          bly  from  said committee, ordered to first and second report, ordered
          to a third reading, amended and ordered reprinted, retaining its place
          in the order of third reading
 
        AN ACT to amend the  penal law, in relation to the regulation of  pistol
          converters and convertible pistols
 
          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 265.00 of the penal law is amended
     2  and a new subdivision 37 is added to read as follows:
     3    1. "Machine-gun" means a weapon of any  description,  irrespective  of
     4  size, by whatever name known, loaded or unloaded, from which a number of
     5  shots or bullets may be rapidly or automatically discharged from a maga-
     6  zine  with one continuous pull of the trigger and includes a sub-machine
     7  gun, and also includes any convertible pistol that is  equipped  with  a
     8  pistol converter.
     9    37. "Convertible pistol" means any semi-automatic pistol with a cruci-
    10  form  trigger  bar  that can be readily converted by hand or with common
    11  household tools into a machine-gun solely by the installation or attach-
    12  ment of a pistol converter.  As used in this subdivision, "common house-
    13  hold tools" means screwdrivers, pipe wrenches, pliers,  hacksaws,  crow-
    14  bars,   electric   drills,  hammers,  chisels,  and  crescent  wrenches.
    15  "Convertible pistol" does not include hammer-fired semi-automatic pistol
    16  or any striker-fired semi-automatic pistol lacking a  cruciform  trigger
    17  bar,  which instead has a trigger bar that is shielded from interference
    18  by a pistol converter. A polymer notch or other piece of polymer  molded
    19  into the rear of a pistol frame does not prevent ready conversion into a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00308-02-5

        S. 399--A                           2
 
     1  machine-gun  and  will  not  prevent  such  pistol  from qualifying as a
     2  "convertible pistol" under this subdivision.
     3    §  2.  Subdivisions  1  and  2  of section 265.10 of the penal law, as
     4  amended by chapter 481 of the laws of 2024, are amended and a new subdi-
     5  vision 10 is added to read as follows:
     6    1. Any person who  manufactures  or  causes  to  be  manufactured  any
     7  machine-gun, pistol converter, assault weapon, large capacity ammunition
     8  feeding  device  or  disguised  gun  is  guilty of a class D felony. Any
     9  person who manufactures or causes  to  be  manufactured  any  rapid-fire
    10  modification  device is guilty of a class E felony. Any person who manu-
    11  factures or causes to  be  manufactured  any  switchblade  knife,  pilum
    12  ballistic   knife,  metal  knuckle  knife,  undetectable  knife,  billy,
    13  blackjack, bludgeon, plastic knuckles, metal  knuckles,  throwing  star,
    14  chuka  stick,  sandbag,  sandclub  or  slungshot  is guilty of a class A
    15  misdemeanor.
    16    2. Any person who transports or ships any machine-gun, pistol convert-
    17  er, firearm silencer, assault weapon or large capacity ammunition  feed-
    18  ing  device  or disguised gun, or who transports or ships as merchandise
    19  five or more firearms, is guilty of a class D  felony.  Any  person  who
    20  transports  or  ships  any rapid-fire modification device is guilty of a
    21  class E felony. Any person who transports or ships  as  merchandise  any
    22  firearm,  other than an assault weapon, switchblade knife, pilum ballis-
    23  tic knife,  undetectable  knife,  billy,  blackjack,  bludgeon,  plastic
    24  knuckles,  metal knuckles, throwing star, chuka stick, sandbag or slung-
    25  shot is guilty of a class A misdemeanor.
    26    10. Any person, dealer, firm, partnership, or corporation who disposes
    27  of  or  who  transports  or ships as merchandise a convertible pistol is
    28  guilty of a class D felony.
    29    § 3. Section 265.20 of the penal law is amended by adding a new subdi-
    30  vision f to read as follows:
    31    f. Subdivision ten of section 265.10 of this article shall  not  apply
    32  to  the  disposition of a convertible pistol to, nor to the transport or
    33  shipping as merchandise of a convertible pistol for disposition  to  the
    34  following:
    35    1.  Persons in the military service of the state of New York when duly
    36  authorized by regulations issued by the adjutant general to possess  the
    37  same.
    38    2.  Police  officers  as defined in subdivision thirty-four of section
    39  1.20 of the criminal procedure law.
    40    3. Peace officers as defined by section 2.10 of the criminal procedure
    41  law.
    42    4. Persons in the military or other service of the United  States,  in
    43  pursuit  of  official duty or when duly authorized by federal law, regu-
    44  lation or order to possess the same.
    45    5. Persons employed in fulfilling defense contracts with  the  govern-
    46  ment  of  the  United  States or agencies thereof when possession of the
    47  same is necessary for manufacture, transport, installation  and  testing
    48  under the requirements of such contract.
    49    6.  Persons engaging in the business of gunsmith or dealer in firearms
    50  to whom a valid license therefor has been  issued  pursuant  to  section
    51  400.00 of this chapter.
    52    §  4.  Subdivision  36 of section 265.00 of the penal law, as added by
    53  chapter 429 of the laws of 2024, is amended to read as follows:
    54    36. "Pistol converter"  means  any  device  or  instrument  that  when
    55  installed  in  or  attached to the rear of the slide of a semi-automatic
    56  pistol, replaces the backplate, and interferes with  the  trigger  mech-

        S. 399--A                           3
 
     1  anism  and  thereby enables the pistol to discharge a number of shots or
     2  bullets rapidly or automatically with one continuous pull of  the  trig-
     3  ger.
     4    §  5. The superintendent of the division of state police is authorized
     5  to promulgate rules, regulations, and policies necessary  to  effectuate
     6  the provisions of this act.
     7    § 6. This act shall take effect on the one hundred eightieth 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.
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