S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8719
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law,  in  relation  to  prohibiting  the
   possession, manufacture, transport and disposition of trigger  modifi-
   cation devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new  section  265.01-c
 to read as follows:
 § 265.01-C CRIMINAL POSSESSION OF A TRIGGER MODIFICATION DEVICE.
   A  PERSON  IS  GUILTY OF CRIMINAL POSSESSION OF A TRIGGER MODIFICATION
 DEVICE WHEN,  WITH  KNOWLEDGE  OF  THE  CHARACTER  THEREOF,  HE  OR  SHE
 POSSESSES  A  TRIGGER CRANK, A BUMP-FIRE DEVICE, OR OTHER COMBINATION OF
 PARTS, COMPONENT, DEVICE, ATTACHMENT OR ACCESSORY, WHICH IS DESIGNED  OR
 INTENDED  TO FUNCTION TO ACCELERATE THE RATE OF FIRE OF A FIREARM, RIFLE
 OR SHOTGUN IN SUCH A WAY SO AS TO  OPERATE  IN  THE  SAME  MANNER  AS  A
 MACHINE-GUN.
   CRIMINAL  POSSESSION  OF  A  TRIGGER  MODIFICATION DEVICE IS A CLASS A
 MISDEMEANOR.
   § 2. Subdivisions 1, 2 and 3 of  section  265.10  of  the  penal  law,
 subdivisions  1 and 2 as amended by chapter 257 of the laws of 2008, and
 subdivision 3 as amended by chapter 189 of the laws of 2000, are amended
 to read as follows:
   1. Any person who  manufactures  or  causes  to  be  manufactured  any
 machine-gun, assault weapon, large capacity ammunition feeding device or
 disguised gun is guilty of a class D felony. ANY PERSON WHO MANUFACTURES
 OR  CAUSES  TO  BE  MANUFACTURED A TRIGGER CRANK, A BUMP-FIRE DEVICE, OR
 OTHER COMBINATION OF PARTS, COMPONENT, DEVICE, ATTACHMENT OR  ACCESSORY,
 WHICH IS DESIGNED OR INTENDED TO FUNCTION TO ACCELERATE THE RATE OF FIRE
 OF  A  FIREARM,  RIFLE  OR SHOTGUN IN SUCH A WAY SO AS TO OPERATE IN THE
 SAME MANNER AS A MACHINE-GUN IS GUILTY OF A CLASS E FELONY.  Any  person
 who  manufactures  or  causes  to be manufactured any switchblade knife,
 gravity knife,  pilum  ballistic  knife,  metal  knuckle  knife,  billy,
 blackjack,  bludgeon,  plastic  knuckles,  metal knuckles, Kung Fu star,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14972-02-8

 S. 8719                             2
 
 chuka stick, sandbag, sandclub or slungshot  is  guilty  of  a  class  A
 misdemeanor.
   2. Any person who transports or ships any machine-gun, firearm silenc-
 er,  assault  weapon  or  large  capacity  ammunition  feeding device or
 disguised gun, or who transports or ships as merchandise  five  or  more
 firearms,  is  guilty  of a class D felony. ANY PERSON WHO TRANSPORTS OR
 SHIPS A TRIGGER CRANK, A  BUMP-FIRE  DEVICE,  OR  OTHER  COMBINATION  OF
 PARTS,  COMPONENT, DEVICE, ATTACHMENT OR ACCESSORY, WHICH IS DESIGNED OR
 INTENDED TO FUNCTION TO ACCELERATE THE RATE OF FIRE OF A FIREARM,  RIFLE
 OR  SHOTGUN  IN  SUCH  A  WAY  SO  AS TO OPERATE IN THE SAME MANNER AS A
 MACHINE-GUN IS GUILTY OF A CLASS E FELONY. Any person who transports  or
 ships  as merchandise any firearm, other than an assault weapon, switch-
 blade knife, gravity knife, pilum  ballistic  knife,  billy,  blackjack,
 bludgeon,  plastic  knuckles, metal knuckles, Kung Fu star, chuka stick,
 sandbag or slungshot is guilty of a class A misdemeanor.
   3. Any person who disposes of any machine-gun, assault  weapon,  large
 capacity  ammunition  feeding  device or firearm silencer is guilty of a
 class D felony. ANY PERSON WHO DISPOSES OF A TRIGGER CRANK, A  BUMP-FIRE
 DEVICE,  OR OTHER COMBINATION OF PARTS, COMPONENT, DEVICE, ATTACHMENT OR
 ACCESSORY, WHICH IS DESIGNED OR INTENDED TO FUNCTION TO  ACCELERATE  THE
 RATE OF FIRE OF A FIREARM, RIFLE OR SHOTGUN IN SUCH A WAY SO AS TO OPER-
 ATE  IN  THE SAME MANNER AS A MACHINE-GUN IS GUILTY OF A CLASS E FELONY.
 Any person who knowingly buys, receives,  disposes  of,  or  conceals  a
 machine-gun, firearm, large capacity ammunition feeding device, rifle or
 shotgun  which  has  been  defaced  for  the  purpose  of concealment or
 prevention of the detection of a crime or misrepresenting  the  identity
 of  such machine-gun, firearm, large capacity ammunition feeding device,
 rifle or shotgun is guilty of a class D felony.
   § 3. The opening paragraph of subdivision a of section 265.20  of  the
 penal  law, as amended by section 1 of part FF of chapter 57 of the laws
 of 2013, is amended to read as follows:
   Paragraph (h) of subdivision twenty-two of section 265.00 and sections
 265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-C, 265.02,
 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15,  265.36,
 265.37 and 270.05 shall not apply to:
   §  4. The opening paragraph of paragraph 1 of subdivision a of section
 265.20 of the penal law, as amended by chapter 1041 of the laws of 1974,
 is amended to read as follows:
   Possession  of  any  of  the  weapons,  instruments,   appliances   or
 substances  specified  in  sections  265.01,  265.01-C,  265.02, 265.03,
 265.04, 265.05 and 270.05 by the following:
   § 5. Paragraphs 2 and 8 of subdivision a  of  section  265.20  of  the
 penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and
 paragraph 8 as amended by chapter 61 of the laws of 2010, are amended to
 read as follows:
   2.  Possession  of  a  machine-gun,  large capacity ammunition feeding
 device, TRIGGER MODIFICATION DEVICE AS DESCRIBED IN SECTION 265.01-C  OF
 THIS ARTICLE, firearm, switchblade knife, gravity knife, pilum ballistic
 knife,  billy  or  blackjack  by a warden, superintendent, headkeeper or
 deputy of a state prison, penitentiary, workhouse, county jail or  other
 institution  for  the detention of persons convicted or accused of crime
 or detained as witnesses in criminal cases, in pursuit of official  duty
 or when duly authorized by regulation or order to possess the same.
   8.  The manufacturer of machine-guns, firearm silencers, assault weap-
 ons, large capacity ammunition  feeding  devices,  TRIGGER  MODIFICATION
 DEVICES  AS  DESCRIBED  IN  SECTION  265.01-C OF THIS ARTICLE, disguised

 S. 8719                             3
 
 guns, pilum ballistic knives, switchblade or gravity knives, billies  or
 blackjacks  as merchandise, or as a transferee recipient of the same for
 repair,  lawful  distribution  or  research  and  development,  and  the
 disposal  and  shipment  thereof  direct  to  a regularly constituted or
 appointed state or municipal police department,  sheriff,  policeman  or
 other  peace  officer,  or  to  a state prison, penitentiary, workhouse,
 county jail or other institution for the detention of persons  convicted
 or  accused  of  crime or held as witnesses in criminal cases, or to the
 military service of this state or of  the  United  States;  or  for  the
 repair  and  return  of the same to the lawful possessor or for research
 and development.
   § 6. This act shall take effect immediately; provided,  however,  that
 section  one  of this act shall take effect on the one hundred twentieth
 day after it shall have become a law.