STATE OF NEW YORK ________________________________________________________________________ 763--A R. R. 16 2019-2020 Regular Sessions IN ASSEMBLY January 10, 2019 ___________ Introduced by M. of A. ABINANTI, MOSLEY, GALEF, JAFFEE, GOTTFRIED, BLAKE, RICHARDSON, COLTON, RIVERA, BUCHWALD, WEPRIN, SEAWRIGHT, SIMO- TAS, BURKE, CRUZ, FRONTUS, GRIFFIN, JACOBSON, McMAHON, PICHARDO, REYES, SAYEGH, STECK, STERN, BUTTENSCHON, D. ROSENTHAL, FERNANDEZ, DINOWITZ -- Multi-Sponsored by -- M. of A. GLICK, LAWRENCE, RAMOS, WALKER -- read once and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- amended on the special order of third reading, ordered reprinted as amended, retaining its place on the special order of third reading AN ACT to amend the penal law and the criminal procedure law, in relation to establishing crimes relating to the criminal possession or manufacture of undetectable firearms, rifles or shotguns The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 265.00 of the penal law is amended by adding a new 2 subdivision 3-a to read as follows: 3 3-a. "Major component of a firearm, rifle or shotgun" means the 4 barrel, the slide or cylinder, the frame, or receiver of the firearm, 5 rifle, or shotgun. 6 § 2. The penal law is amended by adding two new sections 265.50 and 7 265.55 to read as follows: 8 § 265.50 Criminal manufacture, sale, or transport of an undetectable 9 firearm, rifle or shotgun. 10 A person is guilty of criminal manufacture, sale, or transport of an 11 undetectable firearm, rifle or shotgun when he or she knowingly manufac- 12 tures, causes to be manufactured, sells, exchanges, gives, disposes of, 13 transports, ships, or possesses with the intent to sell: 14 1. any firearm, rifle or shotgun that, after the removal of grips, 15 stocks and magazines, is not detectable by a metal detector calibrated 16 to detect the Security Exemplar, as defined pursuant to 18 U.S.C. § 17 922(p); or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04445-07-9

A. 763--A 2 1 2. any major component of a firearm, rifle or shotgun that, if subject 2 to the types of detection devices commonly used at airports for security 3 screening, does not generate an image that adequately displays the shape 4 of the component. 5 Criminal manufacture, sale, or transport of an undetectable firearm, 6 rifle or shotgun is a class D felony. 7 § 265.55 Criminal possession of an undetectable firearm, rifle or shot- 8 gun. 9 A person is guilty of criminal possession of an undetectable firearm, 10 rifle or shotgun when he or she knowingly possesses: 11 1. any firearm, rifle or shotgun that, after the removal of grips, 12 stocks and magazines, is not detectable by a metal detector calibrated 13 to detect the Security Exemplar, as defined pursuant to 18 U.S.C. § 14 922(p); or 15 2. any major component of a firearm, rifle or shotgun that, if subject 16 to the types of detection devices commonly used at airports for security 17 screening, does not generate an image that adequately displays the shape 18 of the component. 19 Criminal possession of an undetectable firearm, rifle or shotgun is a 20 class E felony. 21 § 3. The opening paragraph and the opening paragraph of paragraph 1 of 22 subdivision a of section 265.20 of the penal law, the opening paragraph 23 as amended by section 1 of part FF of chapter 57 of the laws of 2013 and 24 the opening paragraph of paragraph 1 as amended by chapter 1041 of the 25 laws of 1974, are amended to read as follows: 26 Paragraph (h) of subdivision twenty-two of section 265.00 and sections 27 265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03, 28 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37, 29 265.50, 265.55 and 270.05 shall not apply to: 30 Possession of any of the weapons, instruments, appliances or 31 substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05, 32 265.50, 265.55 and 270.05 by the following: 33 § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law, 34 as amended by chapter 368 of the laws of 2015, is amended to read as 35 follows: 36 (c) Class D violent felony offenses: an attempt to commit any of the 37 class C felonies set forth in paragraph (b); reckless assault of a child 38 as defined in section 120.02, assault in the second degree as defined in 39 section 120.05, menacing a police officer or peace officer as defined in 40 section 120.18, stalking in the first degree, as defined in subdivision 41 one of section 120.60, strangulation in the second degree as defined in 42 section 121.12, rape in the second degree as defined in section 130.30, 43 criminal sexual act in the second degree as defined in section 130.45, 44 sexual abuse in the first degree as defined in section 130.65, course of 45 sexual conduct against a child in the second degree as defined in 46 section 130.80, aggravated sexual abuse in the third degree as defined 47 in section 130.66, facilitating a sex offense with a controlled 48 substance as defined in section 130.90, labor trafficking as defined in 49 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 50 possession of a weapon in the third degree as defined in subdivision 51 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 52 a firearm in the third degree as defined in section 265.11, intimidating 53 a victim or witness in the second degree as defined in section 215.16, 54 soliciting or providing support for an act of terrorism in the second 55 degree as defined in section 490.10, and making a terroristic threat as 56 defined in section 490.20, falsely reporting an incident in the first

A. 763--A 3 1 degree as defined in section 240.60, placing a false bomb or hazardous 2 substance in the first degree as defined in section 240.62, placing a 3 false bomb or hazardous substance in a sports stadium or arena, mass 4 transportation facility or enclosed shopping mall as defined in section 5 240.63, [and] aggravated unpermitted use of indoor pyrotechnics in the 6 first degree as defined in section 405.18, and criminal manufacture, 7 sale, or transport of an undetectable firearm, rifle or shotgun as 8 defined in section 265.50. 9 § 5. The opening paragraph of paragraph (c) of subdivision 2 of 10 section 70.02 of the penal law, as amended by chapter 1 of the laws of 11 2013, is amended to read as follows: 12 Except as provided in subdivision six of section 60.05, the sentence 13 imposed upon a person who stands convicted of the class D violent felony 14 offenses of criminal possession of a weapon in the third degree as 15 defined in subdivision five, seven, eight or nine of section 265.02, 16 criminal sale of a firearm in the third degree as defined in section 17 265.11 [or], the class E violent felonies of attempted criminal 18 possession of a weapon in the third degree as defined in subdivision 19 five, seven, eight or nine of section 265.02, or criminal manufacture, 20 sale, or transport of an undetectable firearm, rifle or shotgun as 21 defined in section 265.50 must be a sentence to a determinate period of 22 imprisonment, or, in the alternative, a definite sentence of imprison- 23 ment for a period of no less than one year, except that: 24 § 6. Paragraph (a) of subdivision 1 of section 460.10 of the penal 25 law, as amended by chapter 189 of the laws of 2018, is amended to read 26 as follows: 27 (a) Any of the felonies set forth in this chapter: sections 120.05, 28 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 29 ing to strangulation; sections 125.10 to 125.27 relating to homicide; 30 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 31 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to 32 labor trafficking; section 135.65 relating to coercion; sections 140.20, 33 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 34 145.12 relating to criminal mischief; article one hundred fifty relating 35 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand 36 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health 37 care fraud; article one hundred sixty relating to robbery; sections 38 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of 39 stolen property; sections 165.72 and 165.73 relating to trademark coun- 40 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 41 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 42 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 43 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating 44 to criminal diversion of prescription medications and prescriptions; 45 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 46 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 47 215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 48 187.20 and 187.25 relating to residential mortgage fraud, sections 49 190.40 and 190.42 relating to criminal usury; section 190.65 relating to 50 schemes to defraud; any felony defined in article four hundred ninety- 51 six; sections 205.60 and 205.65 relating to hindering prosecution; 52 sections 210.10, 210.15, and 215.51 relating to perjury and contempt; 53 section 215.40 relating to tampering with physical evidence; sections 54 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 55 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled 56 substances; sections 225.10 and 225.20 relating to gambling; sections

A. 763--A 4 1 230.25, 230.30, and 230.32 relating to promoting prostitution; section 2 230.34 relating to sex trafficking; section 230.34-a relating to sex 3 trafficking of a child; sections 235.06, 235.07, 235.21 and 235.22 4 relating to obscenity; sections 263.10 and 263.15 relating to promoting 5 a sexual performance by a child; sections 265.02, 265.03, 265.04, 6 265.11, 265.12, 265.13 and the provisions of section 265.10 which 7 constitute a felony relating to firearms and other dangerous weapons; 8 sections 265.14 and 265.16 relating to criminal sale of a firearm; 9 section 265.50 relating to the criminal manufacture, sale or transport 10 of an undetectable firearm, rifle or shotgun; section 275.10, 275.20, 11 275.30, or 275.40 relating to unauthorized recordings; and sections 12 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or 13 § 7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 14 procedure law, as amended by chapter 1 of the laws of 2019, is amended 15 to read as follows: 16 (b) Any of the following felonies: assault in the second degree as 17 defined in section 120.05 of the penal law, assault in the first degree 18 as defined in section 120.10 of the penal law, reckless endangerment in 19 the first degree as defined in section 120.25 of the penal law, promot- 20 ing a suicide attempt as defined in section 120.30 of the penal law, 21 strangulation in the second degree as defined in section 121.12 of the 22 penal law, strangulation in the first degree as defined in section 23 121.13 of the penal law, criminally negligent homicide as defined in 24 section 125.10 of the penal law, manslaughter in the second degree as 25 defined in section 125.15 of the penal law, manslaughter in the first 26 degree as defined in section 125.20 of the penal law, murder in the 27 second degree as defined in section 125.25 of the penal law, murder in 28 the first degree as defined in section 125.27 of the penal law, rape in 29 the third degree as defined in section 130.25 of the penal law, rape in 30 the second degree as defined in section 130.30 of the penal law, rape in 31 the first degree as defined in section 130.35 of the penal law, criminal 32 sexual act in the third degree as defined in section 130.40 of the penal 33 law, criminal sexual act in the second degree as defined in section 34 130.45 of the penal law, criminal sexual act in the first degree as 35 defined in section 130.50 of the penal law, sexual abuse in the first 36 degree as defined in section 130.65 of the penal law, unlawful imprison- 37 ment in the first degree as defined in section 135.10 of the penal law, 38 kidnapping in the second degree as defined in section 135.20 of the 39 penal law, kidnapping in the first degree as defined in section 135.25 40 of the penal law, labor trafficking as defined in section 135.35 of the 41 penal law, aggravated labor trafficking as defined in section 135.37 of 42 the penal law, custodial interference in the first degree as defined in 43 section 135.50 of the penal law, coercion in the first degree as defined 44 in section 135.65 of the penal law, criminal trespass in the first 45 degree as defined in section 140.17 of the penal law, burglary in the 46 third degree as defined in section 140.20 of the penal law, burglary in 47 the second degree as defined in section 140.25 of the penal law, 48 burglary in the first degree as defined in section 140.30 of the penal 49 law, criminal mischief in the third degree as defined in section 145.05 50 of the penal law, criminal mischief in the second degree as defined in 51 section 145.10 of the penal law, criminal mischief in the first degree 52 as defined in section 145.12 of the penal law, criminal tampering in the 53 first degree as defined in section 145.20 of the penal law, arson in the 54 fourth degree as defined in section 150.05 of the penal law, arson in 55 the third degree as defined in section 150.10 of the penal law, arson in 56 the second degree as defined in section 150.15 of the penal law, arson

A. 763--A 5 1 in the first degree as defined in section 150.20 of the penal law, grand 2 larceny in the fourth degree as defined in section 155.30 of the penal 3 law, grand larceny in the third degree as defined in section 155.35 of 4 the penal law, grand larceny in the second degree as defined in section 5 155.40 of the penal law, grand larceny in the first degree as defined in 6 section 155.42 of the penal law, health care fraud in the fourth degree 7 as defined in section 177.10 of the penal law, health care fraud in the 8 third degree as defined in section 177.15 of the penal law, health care 9 fraud in the second degree as defined in section 177.20 of the penal 10 law, health care fraud in the first degree as defined in section 177.25 11 of the penal law, robbery in the third degree as defined in section 12 160.05 of the penal law, robbery in the second degree as defined in 13 section 160.10 of the penal law, robbery in the first degree as defined 14 in section 160.15 of the penal law, unlawful use of secret scientific 15 material as defined in section 165.07 of the penal law, criminal 16 possession of stolen property in the fourth degree as defined in section 17 165.45 of the penal law, criminal possession of stolen property in the 18 third degree as defined in section 165.50 of the penal law, criminal 19 possession of stolen property in the second degree as defined by section 20 165.52 of the penal law, criminal possession of stolen property in the 21 first degree as defined by section 165.54 of the penal law, trademark 22 counterfeiting in the second degree as defined in section 165.72 of the 23 penal law, trademark counterfeiting in the first degree as defined in 24 section 165.73 of the penal law, forgery in the second degree as defined 25 in section 170.10 of the penal law, forgery in the first degree as 26 defined in section 170.15 of the penal law, criminal possession of a 27 forged instrument in the second degree as defined in section 170.25 of 28 the penal law, criminal possession of a forged instrument in the first 29 degree as defined in section 170.30 of the penal law, criminal 30 possession of forgery devices as defined in section 170.40 of the penal 31 law, falsifying business records in the first degree as defined in 32 section 175.10 of the penal law, tampering with public records in the 33 first degree as defined in section 175.25 of the penal law, offering a 34 false instrument for filing in the first degree as defined in section 35 175.35 of the penal law, issuing a false certificate as defined in 36 section 175.40 of the penal law, criminal diversion of prescription 37 medications and prescriptions in the second degree as defined in section 38 178.20 of the penal law, criminal diversion of prescription medications 39 and prescriptions in the first degree as defined in section 178.25 of 40 the penal law, residential mortgage fraud in the fourth degree as 41 defined in section 187.10 of the penal law, residential mortgage fraud 42 in the third degree as defined in section 187.15 of the penal law, resi- 43 dential mortgage fraud in the second degree as defined in section 187.20 44 of the penal law, residential mortgage fraud in the first degree as 45 defined in section 187.25 of the penal law, escape in the second degree 46 as defined in section 205.10 of the penal law, escape in the first 47 degree as defined in section 205.15 of the penal law, absconding from 48 temporary release in the first degree as defined in section 205.17 of 49 the penal law, promoting prison contraband in the first degree as 50 defined in section 205.25 of the penal law, hindering prosecution in the 51 second degree as defined in section 205.60 of the penal law, hindering 52 prosecution in the first degree as defined in section 205.65 of the 53 penal law, sex trafficking as defined in section 230.34 of the penal 54 law, sex trafficking of a child as defined in section 230.34-a of the 55 penal law, criminal possession of a weapon in the third degree as 56 defined in subdivisions two, three and five of section 265.02 of the

A. 763--A 6 1 penal law, criminal possession of a weapon in the second degree as 2 defined in section 265.03 of the penal law, criminal possession of a 3 weapon in the first degree as defined in section 265.04 of the penal 4 law, manufacture, transport, disposition and defacement of weapons and 5 dangerous instruments and appliances defined as felonies in subdivisions 6 one, two, and three of section 265.10 of the penal law, sections 265.11, 7 265.12 and 265.13 of the penal law, or prohibited use of weapons as 8 defined in subdivision two of section 265.35 of the penal law, relating 9 to firearms and other dangerous weapons, criminal manufacture, sale or 10 transport of an undetectable firearm, rifle or shotgun as defined in 11 section 265.50 of the penal law, or failure to disclose the origin of a 12 recording in the first degree as defined in section 275.40 of the penal 13 law; 14 § 8. This act shall take effect on the one hundred eightieth day after 15 it shall have become a law.