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A02571 Summary:

BILL NOA02571
 
SAME ASNo Same As
 
SPONSORLavine
 
COSPNSRJacobson
 
MLTSPNSR
 
Amd 265.00, 265.20 & 265.01, add 265.07, Pen L
 
Relates to unfinished frames and receivers; establishes the crime of criminal sale of an unfinished frame or receiver.
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A02571 Actions:

BILL NOA02571
 
01/19/2021referred to codes
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A02571 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2571
 
SPONSOR: Lavine
  TITLE OF BILL: An act to amend the penal law, in relation to unfinished frames and receivers   PURPOSE:: This legislation would prohibit the possession of unfinished receivers by anyone other than a gunsmith.   SUMMARY OF PROVISIONS:: Section 1 amends the definition of gunsmith as found in Subdivision 8 of section 265.00 of the penal law to include additional language related to the assembling, manufacturing, fabricating, building, or fitting together the component parts of a firearm, rifle or shotgun. Section 2 Amends the opening paragraph of subdivision a of section 265.20 of the penal law to include a new section of law to be covered by this section as created under this legislation. Section 3 Creates the definition of unfinished frame or receiver, which means a frame or receiver of a firearm, rifle, or shotgun whose fire control cavity is completely solid and un-machined, and which may readi- ly be made into a functional frame or receiver through milling, drilling or other means. Section 4 Adds to section 265.01 of the penal law, a new crime for possession of an unfinished frame or receiver. This is a class A Misde- meanor. Section 5 creates a new section of Penal Law 265.07 which constitutes the crime of criminal sale of an unfinished frame or receiver, a Class E felony. A person is guilty of this crime when they sell, exchanges, gives, disposes of, purchases, or otherwise obtains an unfinished frame or receiver. Section 6 is the effective date.   JUSTIFICATION:: In 2014 John Zawahri failed to pass a background check, but purchased an unfinished receiver. This man then transformed it into a semiautomatic weapon and killed 5 people, before being fatally shot. Last year alone in the City of Syracuse police seized 15 ghost guns in a 6 month time- frame. So far in 2019, another 6 have come into their possession. Earli- er in 2019 an individual was arrested for manufacturing dozens of hand- guns and assault rifles and sold them to a group of individuals, many of which were convicted felons and would not pass background checks. Unfinished receivers, also called lowers or blanks are used to form the lower part of a firearm. An individual can use an unfinished receiver to circumvent gun laws by making their own semiautomatic weapon at home. These unfinished receivers can be turned into a firearm incredibly easi- ly; all that is required is for an individual to drill holes in the unfinished receiver, well out other areas of the unfinished receiver, and then combine with the other pieces needed to make a fully function- ing semiautomatic weapon. A skilled individual can assemble an opera- tional semi-automatic firearm using a lower in under an hour, someone with little experience watching a YouTube video, can using a lower make a semi-automatic weapon in only a slightly longer time. Unfinished receivers are not tracked, and it is unknown exactly how many of them have been finished into weapons. Because these weapons are made at home, they contain no serial number and are untraceable.   LEGISLATIVE HISTORY:: 2019-2020 referred to codes   FISCAL IMPLICATIONS:: None.   EFFECTIVE DATE:: The act shall take effect 180 days after having become a law.
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A02571 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2571
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2021
                                       ___________
 
        Introduced by M. of A. LAVINE, JACOBSON -- read once and referred to the
          Committee on Codes
 
        AN  ACT  to  amend  the  penal law, in relation to unfinished frames and
          receivers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  8  of  section  265.00  of the penal law, as
     2  amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
     3  follows:
     4    8.  "Gunsmith"  means  any  person,  firm, partnership, corporation or
     5  company who engages in the business of repairing, altering,  assembling,
     6  manufacturing,   cleaning,  polishing,  engraving  or  trueing,  or  who
     7  performs any mechanical operation on, any firearm, large capacity  ammu-
     8  nition feeding device or machine-gun  and shall also include assembling,
     9  manufacturing,  fabricating, building, or fitting together the component
    10  parts of a firearm, rifle or shotgun, regardless of whether the firearm,
    11  rifle or shotgun is intended for personal use, commercial sale,  or  any
    12  other purpose.
    13    §  2.  The opening paragraph of subdivision a of section 265.20 of the
    14  penal law, as separately amended by chapters 130 and 134 of the laws  of
    15  2019, is amended to read as follows:
    16    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
    17  265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02,
    18  265.03,  265.04, 265.05, 265.07, 265.10, 265.11, 265.12, 265.13, 265.15,
    19  265.36, 265.37 and 270.05 shall not apply to:
    20    § 3. Section 265.00 of the penal law is amended by adding a new subdi-
    21  vision 32 to read as follows:
    22    32. "Unfinished frame or receiver" means a  frame  or  receiver  of  a
    23  firearm,  rifle or shotgun whose fire-control cavity is completely solid
    24  and un-machined, and which may readily be made into a  functional  frame
    25  or  receiver  through  milling, drilling or other means and includes any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06676-01-1

        A. 2571                             2
 
     1  other object, part or combination of parts which  is  not  a  functional
     2  frame  or  receiver  but  is  designed  or  intended to be used for that
     3  purpose and can be readily made into a functional frame or receiver.
     4    § 4. Section 265.01 of the penal law is amended by adding a new subdi-
     5  vision 9 to read as follows:
     6    (9) He or she possesses an unfinished frame or receiver.
     7    §  5.  The penal law is amended by adding a new section 265.07 to read
     8  as follows:
     9  § 265.07 Criminal sale of an unfinished frame or receiver.
    10    A person is guilty of criminal sale of an unfinished frame or receiver
    11  when he or she sells,  exchanges,  gives,  disposes  of,  purchases,  or
    12  otherwise obtains an unfinished frame or receiver.
    13    Criminal sale of an unfinished frame or receiver is a class E felony.
    14    § 6. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law.
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