Criminalizes the sale of ghost guns; requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble.
STATE OF NEW YORK
________________________________________________________________________
613--A
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL, DINOWITZ, STERN, SIMON, GRIFFIN,
PAULIN, OTIS, JACOBSON, SEAWRIGHT, BURDICK, SILLITTI, GALEF, ZEBROW-
SKI, JEAN-PIERRE, THIELE, CARROLL, PERRY, EPSTEIN, RICHARDSON -- read
once and referred to the Committee on Codes -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the penal law, in relation to enacting the Jose Webster
untraceable firearms act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Jose
2 Webster untraceable firearms act".
3 § 2. Section 265.00 of the penal law is amended by adding a new subdi-
4 vision 8-a to read as follows:
5 8-a. "Serialized" means bearing a visible identification number and/or
6 symbol in accordance with the requirements imposed on licensed importers
7 and licensed manufacturers pursuant to subsection (i) of Section 923 of
8 Title 18 of the United States Code and regulations issued pursuant ther-
9 eto in effect at the time of assembly, except for antique firearms as
10 defined in subdivision fourteen of this section, as added by chapter
11 nine hundred eighty-six of the laws of nineteen hundred seventy-four, or
12 any firearm, rifle or shotgun manufactured prior to nineteen hundred
13 sixty-eight.
14 § 3. Section 265.00 of the penal law is amended by adding a new subdi-
15 vision 32 to read as follows:
16 32. "Ghost gun" means a firearm, rifle or shotgun that does not comply
17 with the provisions of section 265.07 of this article and is not serial-
18 ized.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00324-14-1
A. 613--A 2
1 § 4. Subdivision 8 of section 265.01 of the penal law, as amended by
2 chapter 1 of the laws of 2013, is amended and a new subdivision 9 is
3 added to read as follows:
4 (8) [He] Such person possesses any armor piercing ammunition with
5 intent to use the same unlawfully against another.
6 (9) Such person is not required to be a gunsmith licensed pursuant to
7 section 400.00 of this chapter and, knowing it is a ghost gun, such
8 person possesses a ghost gun, provided that a person shall not be guilty
9 under this subdivision when he or she (a) voluntarily surrenders such
10 ghost gun to any law enforcement official designated pursuant to subpar-
11 agraph (f) of paragraph one of subdivision (a) of section 265.20 of this
12 article; or (b) for a period of six months after the effective date of
13 this section possesses a ghost gun prior to serialization and registra-
14 tion of such ghost gun pursuant to section 265.07 of this article.
15 § 5. The penal law is amended by adding a new section 265.07 to read
16 as follows:
17 § 265.07 Registration and serialization of firearms, rifles, shotguns,
18 finished frames or receivers, and unfinished frames or
19 receivers.
20 (1) For the purposes of this section, "unfinished frame or receiver"
21 means any material that does not constitute the frame or receiver of a
22 firearm, rifle or shotgun but that has been shaped or formed in any way
23 for the purpose of becoming the frame or receiver of a firearm, rifle or
24 shotgun, and which may readily be made into a functional frame or
25 receiver through milling, drilling or other means. The term shall not
26 include material that has had its size or external shape altered to
27 facilitate transportation or storage or has had its chemical composition
28 altered.
29 (2) On or before the effective date of this section, and promptly upon
30 taking possession thereof at any time thereafter, any person required to
31 be a gunsmith licensed pursuant to section 400.00 of this chapter, who
32 is in possession of an unserialized firearm, rifle, shotgun, finished
33 frame or receiver, or unfinished frame or receiver shall:
34 (a) engrave, cast, stamp or otherwise conspicuously place both a
35 unique serial number and his or her name (or recognized abbreviation) on
36 such firearm, rifle, shotgun, finished frame or receiver, or unfinished
37 frame or receiver, in a manner that satisfies or exceeds the require-
38 ments imposed on licensed importers and manufacturers pursuant to
39 section (i) of Section 923 of Title 18 of the United States Code and
40 regulations issued pursuant thereto at the time of such assembly; and
41 (b) register with the division of state police any such firearm, rifle
42 or shotgun, finished frame or receiver, or unfinished frame or receiver.
43 Any person required to be a gunsmith licensed pursuant to section
44 400.00 of this chapter who fails to comply with the provisions of this
45 section shall be guilty of a class E felony.
46 § 6. The penal law is amended by adding two new sections 265.60 and
47 265.61 to read as follows:
48 § 265.60 Criminal sale of a ghost gun in the second degree.
49 1. A person is guilty of criminal sale of a ghost gun in the second
50 degree when, knowing or having reason to know it is a ghost gun, he or
51 she sells, exchanges, gives or disposes of a ghost gun to another
52 person.
53 2. Notwithstanding subdivision one of this section, a person shall not
54 be guilty of criminal sale of a ghost gun in the second degree when such
55 person: (a) voluntarily surrenders such ghost gun to any law enforcement
56 official designated pursuant to subparagraph (f) of paragraph one of
A. 613--A 3
1 subdivision (a) of section 265.20 of this article; or (b) within a peri-
2 od of six months after the effective date of this section sells,
3 exchanges, gives, or disposes of such ghost gun to a gunsmith licensed
4 pursuant to section 400.00 of this chapter.
5 Criminal sale of a ghost gun in the second degree is a class E felony.
6 § 265.61 Criminal sale of a ghost gun in the first degree.
7 1. A person is guilty of criminal sale of a ghost gun in the first
8 degree when, knowing or having reason to know they are ghost guns, he or
9 she sells, exchanges, gives or disposes of ten or more ghost guns to
10 another person or persons.
11 2. Notwithstanding subdivision one of this section, a person shall not
12 be guilty of criminal sale of a ghost gun in the first degree if he or
13 she: (a) voluntarily surrenders such ghost guns to any law enforcement
14 official designated pursuant to subparagraph (f) of paragraph one of
15 subdivision (a) of section 265.20 of this article; or (b) within a peri-
16 od of six months after the effective date of this section sells,
17 exchanges, gives, or disposes of such ghost guns to a gunsmith licensed
18 pursuant to section 400.00 of this chapter.
19 Criminal sale of a ghost gun in the first degree is a class D felony.
20 § 7. Severability. If any clause, sentence, paragraph, section or part
21 of this act shall be adjudged by any court of competent jurisdiction to
22 be invalid, such judgment shall not affect, impair or invalidate the
23 remainder thereof, but shall be confined in its operation to the clause,
24 sentence, paragraph, section or part thereof directly involved in the
25 controversy in which such judgment shall have been rendered.
26 § 8. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law. Effective immediately, the addition, amend-
28 ment and/or repeal of any rule or regulation necessary for the implemen-
29 tation of this act on its effective date are authorized to be made and
30 completed on or before such effective date.
