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S07736 Summary:

S07736 Actions:

S07736 Committee Votes:

S07736 Floor Votes:

S07736 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7736
 
                    IN SENATE
 
                                     January 7, 2022
                                       ___________
 
        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the penal law, in relation  to  possession  or  sale  of
          unserialized  frames  or receivers; and to amend a chapter of the laws
          of 2021 amending the penal law relating  to  enacting  the  "Scott  J.
          Beigel  unfinished  receiver  act" in relation to unfinished frames or
          receivers, as proposed in legislative bills numbers  S.  13-A  and  A.
          2666-A, in relation to the effectiveness of such chapter
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 32 of section 265.00 of the penal law, as added
     2  by a chapter of the laws of 2021 amending  the  penal  law  relating  to
     3  enacting  the  "Scott  J. Beigel unfinished receiver act" in relation to
     4  unfinished frames or receivers, as proposed in legislative bills numbers
     5  S. 13-A and A. 2666-A, is amended to read as follows:
     6    32. "Unfinished frame or receiver"  means  any  unserialized  material
     7  that  does  not  constitute the frame or receiver of a firearm, rifle or
     8  shotgun but that has been shaped or formed in any way for the purpose of
     9  becoming the frame or receiver of a firearm, rifle or shotgun, and which
    10  may readily be made into a functional frame or receiver through milling,
    11  drilling or other means. [The term shall not include material  that  has
    12  had  its  size or external shape altered to facilitate transportation or
    13  storage or has had its chemical composition altered.]
    14    § 2. Subdivision 10 of section 265.01 of the penal law, as added by  a
    15  chapter  of the laws of 2021 amending the penal law relating to enacting
    16  the "Scott J. Beigel unfinished receiver act" in relation to  unfinished
    17  frames  or  receivers,  as proposed in legislative bills numbers S. 13-A
    18  and A. 2666-A, is amended to read as follows:
    19    (10) Such person is not [required to be  a  gunsmith]  licensed  as  a
    20  gunsmith  or dealer in firearms pursuant to section 400.00 of this chap-
    21  ter and, knowing it is an unserialized frame or receiver  or  unfinished
    22  frame  or  receiver,  such  person  possesses  an  unserialized frame or
    23  receiver or unfinished frame or receiver, provided that for a period  of
    24  six  months after the effective date of this subdivision, a person shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03225-04-2
        S. 7736                             2
 
     1  not be guilty under this subdivision when such person:  (a)  voluntarily
     2  surrenders  such  unserialized  frame or receiver or unfinished frame or
     3  receiver to any law enforcement official designated pursuant to subpara-
     4  graph  (f) of paragraph one of subdivision (a) of section 265.20 of this
     5  article; or (b) possesses such unserialized frame or receiver or  unfin-
     6  ished  frame  or  receiver  prior  to serialization of such unserialized
     7  frame or receiver or unfinished frame or receiver in accordance with the
     8  requirements imposed on licensed importers  and  licensed  manufacturers
     9  pursuant  to  subsection  (i)  of  Section 923 of Title 18 of the United
    10  States Code and regulations issued pursuant thereto, except for  antique
    11  firearms  as  defined  in subdivision fourteen of section 265.00 of this
    12  article,  as added by chapter nine hundred eighty-six  of  the  laws  of
    13  nineteen hundred seventy-four, or any firearm, rifle or shotgun manufac-
    14  tured prior to nineteen hundred sixty-eight.
    15    §  3. Sections 265.63 and 265.64 of the penal law, as added by a chap-
    16  ter of the laws of 2021 amending the penal law relating to enacting  the
    17  "Scott  J.  Beigel  unfinished  receiver  act" in relation to unfinished
    18  frames or receivers, as proposed in legislative bills  numbers  S.  13-A
    19  and A. 2666-A, are amended to read as follows:
    20  § 265.63 Criminal  sale  of  [an  unfinished] a frame or receiver in the
    21             second degree.
    22    A person is guilty of criminal sale of  [an  unfinished]  a  frame  or
    23  receiver  in the second degree when, knowing it is an unserialized frame
    24  or receiver or an unfinished frame or receiver, such  person  unlawfully
    25  sells,  exchanges,  gives or disposes of [an] such unserialized frame or
    26  receiver or unfinished frame or receiver, provided that for a period  of
    27  six  months after the effective date of this section, a person shall not
    28  be guilty of criminal sale of [an unfinished] a frame or receiver in the
    29  second degree if such person:  (a) voluntarily surrenders  such  [unfin-
    30  ished] unserialized frame or receiver or unfinished frame or receiver to
    31  any  law enforcement official designated pursuant to subparagraph (f) of
    32  paragraph one of subdivision (a) of section 265.20 of this  article;  or
    33  (b)  sells,  exchanges, gives, or disposes of such unserialized frame or
    34  receiver or unfinished frame or receiver to a gunsmith licensed pursuant
    35  to section 400.00 of this chapter.
    36    Criminal sale of [an unfinished] a frame or  receiver  in  the  second
    37  degree is a class E felony.
    38  § 265.64 Criminal  sale  of  [an  unfinished] a frame or receiver in the
    39             first degree.
    40    A person is guilty of criminal sale of  [an  unfinished]  a  frame  or
    41  receiver  in the first degree when, knowing they are unserialized frames
    42  or receivers or unfinished frames or receivers, such  person  unlawfully
    43  sells,  exchanges, gives or disposes of a total of ten or more unserial-
    44  ized frames or receivers or unfinished frames or receivers in  a  period
    45  of  not  more  than  one  year, provided that for a period of six months
    46  after the effective date of this section, a person shall not  be  guilty
    47  of  criminal  sale  of  [an unfinished] a frame or receiver in the first
    48  degree if such person:   (a) voluntarily  surrenders  such  unserialized
    49  frames  or  receivers  or  unfinished  frames  or  receivers  to any law
    50  enforcement official designated pursuant to subparagraph  (f)  of  para-
    51  graph  one  of subdivision (a) of section 265.20 of this article; or (b)
    52  sells, exchanges, gives or  disposes  of  such  unserialized  frames  or
    53  receivers  or  unfinished  frames  or  receivers  to a gunsmith licensed
    54  pursuant to section 400.00 of this chapter.
    55    Criminal sale of [an unfinished] a frame  or  receiver  in  the  first
    56  degree is a class D felony.
        S. 7736                             3

     1    §  4.  Section  6 of a chapter of the laws of 2021, amending the penal
     2  law relating to enacting the "Scott J. Beigel unfinished  receiver  act"
     3  in  relation  to unfinished frames or receivers, as proposed in legisla-
     4  tive bills numbers S. 13-A and A. 2666-A, is amended to read as follows:
     5    §  6. This act shall take effect on the one hundred [twentieth] eight-
     6  ieth day after it shall have become a law.  Effective  immediately,  the
     7  addition,  amendment  and/or  repeal of any rule or regulation necessary
     8  for the implementation of this act on its effective date are  authorized
     9  to be made and completed on or before such effective date.
    10    §  5.  This act shall take effect immediately; provided, however, that
    11  sections one, two and three of this act shall take effect  on  the  same
    12  date  and  in  the same manner as a chapter of the laws of 2021 amending
    13  the penal law relating to  enacting  the  "Scott  J.  Beigel  unfinished
    14  receiver act" in relation to unfinished frames or receivers, as proposed
    15  in legislative bills numbers S. 13-A and A. 2666-A, takes effect.