NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2571
TITLE OF BILL:
An act to amend the penal law, in relation to unfinished frames and
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-
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
Section 6 is the effective date.
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.
2019-2020 referred to codes
The act shall take effect 180 days after having become a law.
STATE OF NEW YORK
2021-2022 Regular Sessions
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
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
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.
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.