Amd §§265.10, 265.01-c & 265.00, Pen L; add §369-eee, Gen Bus L
Requires firearms, rifles and shotguns to be manufactured or modified to be permanently incompatible with a rapid-fire modification device; requires manufacturers of such weapons to make such modifications to existing weapons at no cost to owners and dealers; gives owners one year to obtain compliance.
STATE OF NEW YORK
________________________________________________________________________
10557
IN ASSEMBLY
July 6, 2022
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the general business law, in relation
to requiring firearms, rifles and shotguns to be manufactured or modi-
fied to be permanently incompatible with a rapid-fire modification
device
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 3 of section 265.10 of the penal law,
2 subdivisions 1 and 2 as separately amended by chapters 34, 130 and 146
3 and subdivision 3 as amended by chapter 130 of the laws of 2019, are
4 amended to read as follows:
5 1. Any person who manufactures or causes to be manufactured any
6 machine-gun, assault weapon, large capacity ammunition feeding device or
7 disguised gun is guilty of a class D felony. Any person who manufactures
8 or causes to be manufactured any rapid-fire modification device is guil-
9 ty of a class E felony. Any person who manufactures or causes to be
10 manufactured a firearm, rifle or shotgun that is not made or modified to
11 be permanently incompatible with a rapid-fire modification device is
12 guilty of a class E felony. Any person who manufactures or causes to be
13 manufactured any switchblade knife, pilum ballistic knife, metal knuckle
14 knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles,
15 metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slung-
16 shot is guilty of a class A misdemeanor.
17 2. Any person who transports or ships any machine-gun, firearm silenc-
18 er, assault weapon or large capacity ammunition feeding device or
19 disguised gun, or who transports or ships as merchandise five or more
20 firearms, is guilty of a class D felony. Any person who transports or
21 ships any rapid-fire modification device is guilty of a class E felony.
22 Any person who transports or ships any firearm, rifle or shotgun that is
23 not made or modified to be permanently incompatible with a rapid-fire
24 modification device is guilty of a class E felony. Any person who trans-
25 ports or ships as merchandise any firearm, other than an assault weapon,
26 switchblade knife, pilum ballistic knife, undetectable knife, billy,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15776-01-2
A. 10557 2
1 blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star,
2 chuka stick, sandbag or slungshot is guilty of a class A misdemeanor.
3 3. Any person who disposes of any machine-gun, assault weapon, large
4 capacity ammunition feeding device or firearm silencer is guilty of a
5 class D felony. Any person who disposes of any rapid-fire modification
6 device is guilty of a class E felony. Any person who disposes of any
7 firearm, rifle or shotgun that is not made or modified to be permanently
8 incompatible with a rapid-fire modification device is guilty of a class
9 E felony. Any person who knowingly buys, receives, disposes of, or
10 conceals a machine-gun, firearm, large capacity ammunition feeding
11 device, rifle or shotgun which has been defaced for the purpose of
12 concealment or prevention of the detection of a crime or misrepresenting
13 the identity of such machine-gun, firearm, large capacity ammunition
14 feeding device, rifle or shotgun is guilty of a class D felony.
15 § 2. Section 265.01-c of the penal law, as added by chapter 130 of the
16 laws of 2019, is amended to read as follows:
17 § 265.01-c Criminal possession of a rapid-fire modification device.
18 A person is guilty of criminal possession of a rapid-fire modification
19 device when he or she knowingly possesses any (1) rapid-fire modifica-
20 tion device; or (2) firearm, rifle or shotgun that is not made or modi-
21 fied to be permanently incompatible with a rapid-fire modification
22 device.
23 Criminal possession of a rapid-fire modification device is a class A
24 misdemeanor.
25 § 3. Subdivision 26 of section 265.00 of the penal law, as added by
26 chapter 130 of the laws of 2019, is amended to read as follows:
27 26. "Rapid-fire modification device" means any bump stock, trigger
28 crank, binary trigger system, burst trigger system, or any other device
29 that is designed (a) to accelerate the rate of fire of a semi-automatic
30 firearm, rifle or shotgun; or (b) for use in converting a firearm, rifle
31 or shotgun to shoot automatically more than one shot, without manual
32 reloading, by a single function of the trigger.
33 § 4. The general business law is amended by adding a new section 369-
34 eee to read as follow:
35 § 396-eee. Recall of certain weapons; rapid-fire modification. 1. Any
36 manufacturer of firearms, rifles, and/or shotguns shall modify, or cause
37 to be modified, any firearm, rifle or shotgun manufactured and/or sold
38 prior to the effective date of this section, to be permanently incompat-
39 ible with a rapid-fire modification device, at no cost to the owner
40 and/or dealer of such firearm, rifle or shotgun. Such manufacturer shall
41 return, or cause to be returned, such firearm, rifle or shotgun to the
42 legal owner and/or dealer within thirty days of the completion of such
43 modification pursuant to this subdivision.
44 2. Manufacturers of firearms, rifles and/or shotguns shall make every
45 reasonable effort to notify owners and dealers of firearms, rifles
46 and/or shotguns in this state of a mandatory recall of such firearms,
47 rifles and shotguns to a New York state dealer of firearms, rifles
48 and/or shotguns to make the modifications required pursuant to subdivi-
49 sion one of this section.
50 3. "Rapid-fire modification device" means any bump stock, trigger
51 crank, binary trigger system, burst trigger system, or any other device
52 that is designed (a) to accelerate the rate of fire of a semi-automatic
53 firearm, rifle or shotgun; or (b) for use in converting a firearm, rifle
54 or shotgun to shoot automatically more than one shot, without manual
55 reloading, by a single function of the trigger.
A. 10557 3
1 § 5. This act shall take effect on the first of November next succeed-
2 ing the date upon which it shall have become a law; provided, however
3 that sections one, two and three of this act shall take effect one year
4 after such date.
