S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1414--A
     Cal. No. 87
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sens.  PARKER, CARLUCCI, COMRIE, SEPULVEDA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Codes -- reported favorably from said committee  and  committed  to
   the  Committee  on  Rules  --  ordered to a third reading, amended and
   ordered reprinted, retaining its place in the 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:
 
   Section 1. Section 265.00 of the penal law is amended by adding a  new
 subdivision 3-a to read as follows:
   3-A.  "MAJOR  COMPONENT  OF  A  FIREARM,  RIFLE  OR SHOTGUN" MEANS THE
 BARREL, THE SLIDE OR CYLINDER, THE FRAME, OR RECEIVER  OF  THE  FIREARM,
 RIFLE, OR SHOTGUN.
   §  2.  The  penal law is amended by adding two new sections 265.50 and
 265.55 to read as follows:
 § 265.50 CRIMINAL MANUFACTURE, SALE, OR  TRANSPORT  OF  AN  UNDETECTABLE
            FIREARM, RIFLE OR SHOTGUN.
   A  PERSON  IS GUILTY OF CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN
 UNDETECTABLE FIREARM, RIFLE OR SHOTGUN WHEN HE OR SHE KNOWINGLY MANUFAC-
 TURES, CAUSES TO BE MANUFACTURED, SELLS, EXCHANGES, GIVES, DISPOSES  OF,
 TRANSPORTS, SHIPS, OR POSSESSES WITH THE INTENT TO SELL:
   1.  ANY  FIREARM,  RIFLE  OR SHOTGUN THAT, AFTER THE REMOVAL OF GRIPS,
 STOCKS AND MAGAZINES, IS NOT DETECTABLE BY A METAL  DETECTOR  CALIBRATED
 TO  DETECT  THE  SECURITY  EXEMPLAR,  AS DEFINED PURSUANT TO 18 U.S.C. §
 922(P); OR
   2. ANY MAJOR COMPONENT OF A FIREARM, RIFLE OR SHOTGUN THAT, IF SUBJECT
 TO THE TYPES OF DETECTION DEVICES COMMONLY USED AT AIRPORTS FOR SECURITY
 SCREENING, DOES NOT GENERATE AN IMAGE THAT ADEQUATELY DISPLAYS THE SHAPE
 OF THE COMPONENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04445-06-9

 S. 1414--A                          2
 
   CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN  UNDETECTABLE  FIREARM,
 RIFLE OR SHOTGUN IS A CLASS D FELONY.
 § 265.55 CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM,  RIFLE OR SHOT-
            GUN.
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN UNDETECTABLE  FIREARM,
 RIFLE OR SHOTGUN WHEN HE OR SHE KNOWINGLY POSSESSES:
   1.  ANY  FIREARM,  RIFLE  OR SHOTGUN THAT, AFTER THE REMOVAL OF GRIPS,
 STOCKS AND MAGAZINES, IS NOT DETECTABLE BY A METAL  DETECTOR  CALIBRATED
 TO  DETECT  THE  SECURITY  EXEMPLAR,  AS DEFINED PURSUANT TO 18 U.S.C. §
 922(P); OR
   2. ANY MAJOR COMPONENT OF A FIREARM, RIFLE OR SHOTGUN THAT, IF SUBJECT
 TO THE TYPES OF DETECTION DEVICES COMMONLY USED AT AIRPORTS FOR SECURITY
 SCREENING, DOES NOT GENERATE AN IMAGE THAT ADEQUATELY DISPLAYS THE SHAPE
 OF THE COMPONENT.
   CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM, RIFLE OR SHOTGUN IS  A
 CLASS E FELONY.
   § 3. The opening paragraph and the opening paragraph of paragraph 1 of
 subdivision  a of section 265.20 of the penal law, the opening paragraph
 as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
 the opening paragraph of paragraph 1 as amended by chapter 1041  of  the
 laws of 1974, are 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, 265.02, 265.03,
 265.04,  265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37,
 265.50, 265.55 and 270.05 shall not apply to:
   Possession  of  any  of  the  weapons,  instruments,   appliances   or
 substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
 265.50, 265.55 and 270.05 by the following:
   § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  368 of the laws of 2015, is amended to read as
 follows:
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section  120.18, stalking in the first degree, as defined in subdivision
 one of section 120.60, strangulation in the second degree as defined  in
 section  121.12, rape in the second degree as defined in section 130.30,
 criminal sexual act in the second degree as defined in  section  130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual  conduct  against  a  child  in  the  second degree as defined in
 section 130.80, aggravated sexual abuse in the third degree  as  defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance as defined in section 130.90, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
 possession of a weapon in the third degree  as  defined  in  subdivision
 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
 a firearm in the third degree as defined in section 265.11, intimidating
 a  victim  or witness in the second degree as defined in section 215.16,
 soliciting or providing support for an act of terrorism  in  the  second
 degree  as defined in section 490.10, and making a terroristic threat as
 defined in section 490.20, falsely reporting an incident  in  the  first
 degree  as  defined in section 240.60, placing a false bomb or hazardous
 substance in the first degree as defined in section  240.62,  placing  a
 false  bomb  or  hazardous  substance in a sports stadium or arena, mass
 transportation facility or enclosed shopping mall as defined in  section

 S. 1414--A                          3
 
 240.63,  [and]  aggravated unpermitted use of indoor pyrotechnics in the
 first degree as defined in section  405.18,  AND  CRIMINAL  MANUFACTURE,
 SALE,  OR  TRANSPORT  OF  AN  UNDETECTABLE  FIREARM, RIFLE OR SHOTGUN AS
 DEFINED IN SECTION 265.50.
   §  5.  The  opening  paragraph  of  paragraph  (c) of subdivision 2 of
 section 70.02 of the penal law, as amended by chapter 1 of the  laws  of
 2013, is amended to read as follows:
   Except  as  provided in subdivision six of section 60.05, the sentence
 imposed upon a person who stands convicted of the class D violent felony
 offenses of criminal possession of a  weapon  in  the  third  degree  as
 defined  in  subdivision  five,  seven, eight or nine of section 265.02,
 criminal sale of a firearm in the third degree  as  defined  in  section
 265.11  [or],  the  class  E  violent  felonies  of  attempted  criminal
 possession of a weapon in the third degree  as  defined  in  subdivision
 five,  seven,  eight or nine of section 265.02, OR CRIMINAL MANUFACTURE,
 SALE, OR TRANSPORT OF AN  UNDETECTABLE  FIREARM,  RIFLE  OR  SHOTGUN  AS
 DEFINED  IN SECTION 265.50 must be a sentence to a determinate period of
 imprisonment, or, in the alternative, a definite sentence  of  imprison-
 ment for a period of no less than one year, except that:
   §  6.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
 law, as amended by chapter 189 of the laws of 2018, is amended  to  read
 as follows:
   (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
 ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
 135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
 labor trafficking; section 135.65 relating to coercion; sections 140.20,
 140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
 145.12 relating to criminal mischief; article one hundred fifty relating
 to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
 care  fraud;  article  one  hundred  sixty relating to robbery; sections
 165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
 stolen  property; sections 165.72 and 165.73 relating to trademark coun-
 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
 170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
 176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
 to  criminal  diversion  of  prescription medications and prescriptions;
 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
 215.00,  215.05 and 215.19 RELATING TO BRIBERY; sections 187.10, 187.15,
 187.20 and 187.25  relating  to  residential  mortgage  fraud,  sections
 190.40 and 190.42 relating to criminal usury; section 190.65 relating to
 schemes  to  defraud; any felony defined in article four hundred ninety-
 six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
 sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
 section 215.40 relating to tampering with  physical  evidence;  sections
 220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
 substances; sections 225.10 and 225.20 relating  to  gambling;  sections
 230.25,  230.30,  and 230.32 relating to promoting prostitution; section
 230.34 relating to sex trafficking; section  230.34-a  relating  to  sex
 trafficking  of  a  child;  sections  235.06,  235.07, 235.21 and 235.22
 relating to obscenity; sections 263.10 and 263.15 relating to  promoting

 S. 1414--A                          4

 a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
 265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
 constitute  a  felony  relating to firearms and other dangerous weapons;
 sections  265.14  and  265.16  relating  to  criminal sale of a firearm;
 SECTION 265.50 RELATING TO THE CRIMINAL MANUFACTURE, SALE  OR  TRANSPORT
 OF  AN  UNDETECTABLE  FIREARM, RIFLE OR SHOTGUN; section 275.10, 275.20,
 275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
   §  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 1 of the laws of 2019,  is  amended
 to read as follows:
   (b)  Any  of  the  following felonies: assault in the second degree as
 defined in section 120.05 of the penal law, assault in the first  degree
 as  defined in section 120.10 of the penal law, reckless endangerment in
 the first degree as defined in section 120.25 of the penal law,  promot-
 ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
 strangulation in the second degree as defined in section 121.12  of  the
 penal  law,  strangulation  in  the  first  degree as defined in section
 121.13 of the penal law, criminally negligent  homicide  as  defined  in
 section  125.10  of  the penal law, manslaughter in the second degree as
 defined in section 125.15 of the penal law, manslaughter  in  the  first
 degree  as  defined  in  section  125.20 of the penal law, murder in the
 second degree as defined in section 125.25 of the penal law,  murder  in
 the  first degree as defined in section 125.27 of the penal law, rape in
 the third degree as defined in section 130.25 of the penal law, rape  in
 the second degree as defined in section 130.30 of the penal law, rape in
 the first degree as defined in section 130.35 of the penal law, criminal
 sexual act in the third degree as defined in section 130.40 of the penal
 law,  criminal  sexual  act  in  the second degree as defined in section
 130.45 of the penal law, criminal sexual act  in  the  first  degree  as
 defined  in  section  130.50 of the penal law, sexual abuse in the first
 degree as defined in section 130.65 of the penal law, unlawful imprison-
 ment in the first degree as defined in section 135.10 of the penal  law,
 kidnapping  in  the  second  degree  as defined in section 135.20 of the
 penal law, kidnapping in the first degree as defined in  section  135.25
 of  the penal law, labor trafficking as defined in section 135.35 of the
 penal law, aggravated labor trafficking as defined in section 135.37  of
 the  penal law, custodial interference in the first degree as defined in
 section 135.50 of the penal law, coercion in the first degree as defined
 in section 135.65 of the penal  law,  criminal  trespass  in  the  first
 degree  as  defined  in section 140.17 of the penal law, burglary in the
 third degree as defined in section 140.20 of the penal law, burglary  in
 the  second  degree  as  defined  in  section  140.25  of the penal law,
 burglary in the first degree as defined in section 140.30 of  the  penal
 law,  criminal mischief in the third degree as defined in section 145.05
 of the penal law, criminal mischief in the second degree as  defined  in
 section  145.10  of the penal law, criminal mischief in the first degree
 as defined in section 145.12 of the penal law, criminal tampering in the
 first degree as defined in section 145.20 of the penal law, arson in the
 fourth degree as defined in section 150.05 of the penal  law,  arson  in
 the third degree as defined in section 150.10 of the penal law, arson in
 the  second  degree as defined in section 150.15 of the penal law, arson
 in the first degree as defined in section 150.20 of the penal law, grand
 larceny in the fourth degree as defined in section 155.30 of  the  penal
 law,  grand  larceny in the third degree as defined in section 155.35 of
 the penal law, grand larceny in the second degree as defined in  section

 S. 1414--A                          5
 
 155.40 of the penal law, grand larceny in the first degree as defined in
 section  155.42 of the penal law, health care fraud in the fourth degree
 as defined in section 177.10 of the penal law, health care fraud in  the
 third  degree as defined in section 177.15 of the penal law, health care
 fraud in the second degree as defined in section  177.20  of  the  penal
 law,  health care fraud in the first degree as defined in section 177.25
 of the penal law, robbery in the third  degree  as  defined  in  section
 160.05  of  the  penal  law,  robbery in the second degree as defined in
 section 160.10 of the penal law, robbery in the first degree as  defined
 in  section  160.15  of the penal law, unlawful use of secret scientific
 material as defined  in  section  165.07  of  the  penal  law,  criminal
 possession of stolen property in the fourth degree as defined in section
 165.45  of  the penal law, criminal possession of stolen property in the
 third degree as defined in section 165.50 of  the  penal  law,  criminal
 possession of stolen property in the second degree as defined by section
 165.52  of  the penal law, criminal possession of stolen property in the
 first degree as defined by section 165.54 of the  penal  law,  trademark
 counterfeiting  in the second degree as defined in section 165.72 of the
 penal law, trademark counterfeiting in the first degree  as  defined  in
 section 165.73 of the penal law, forgery in the second degree as defined
 in  section  170.10  of  the  penal  law, forgery in the first degree as
 defined in section 170.15 of the penal law,  criminal  possession  of  a
 forged  instrument  in the second degree as defined in section 170.25 of
 the penal law, criminal possession of a forged instrument in  the  first
 degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
 possession of forgery devices as defined in section 170.40 of the  penal
 law,  falsifying  business  records  in  the  first degree as defined in
 section 175.10 of the penal law, tampering with public  records  in  the
 first  degree  as defined in section 175.25 of the penal law, offering a
 false instrument for filing in the first degree as  defined  in  section
 175.35  of  the  penal  law,  issuing  a false certificate as defined in
 section 175.40 of the penal  law,  criminal  diversion  of  prescription
 medications and prescriptions in the second degree as defined in section
 178.20  of the penal law, criminal diversion of prescription medications
 and prescriptions in the first degree as defined in  section  178.25  of
 the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
 defined in section 187.10 of the penal law, residential  mortgage  fraud
 in the third degree as defined in section 187.15 of the penal law, resi-
 dential mortgage fraud in the second degree as defined in section 187.20
 of  the  penal  law,  residential  mortgage fraud in the first degree as
 defined in section 187.25 of the penal law, escape in the second  degree
 as  defined  in  section  205.10  of  the penal law, escape in the first
 degree as defined in section 205.15 of the penal  law,  absconding  from
 temporary  release  in  the first degree as defined in section 205.17 of
 the penal law, promoting  prison  contraband  in  the  first  degree  as
 defined in section 205.25 of the penal law, hindering prosecution in the
 second  degree  as defined in section 205.60 of the penal law, hindering
 prosecution in the first degree as defined  in  section  205.65  of  the
 penal  law,  sex  trafficking  as defined in section 230.34 of the penal
 law, sex trafficking of a child as defined in section  230.34-a  of  the
 penal  law,  criminal  possession  of  a  weapon  in the third degree as
 defined in subdivisions two, three and five of  section  265.02  of  the
 penal  law,  criminal  possession  of  a  weapon in the second degree as
 defined in section 265.03 of the penal law,  criminal  possession  of  a
 weapon  in  the  first  degree as defined in section 265.04 of the penal
 law, manufacture, transport, disposition and defacement of  weapons  and

 S. 1414--A                          6
 
 dangerous instruments and appliances defined as felonies in subdivisions
 one, two, and three of section 265.10 of the penal law, sections 265.11,
 265.12  and  265.13  of  the  penal law, or prohibited use of weapons as
 defined  in subdivision two of section 265.35 of the penal law, relating
 to firearms and other dangerous weapons, CRIMINAL MANUFACTURE,  SALE  OR
 TRANSPORT  OF  AN  UNDETECTABLE  FIREARM, RIFLE OR SHOTGUN AS DEFINED IN
 SECTION 265.50 OF THE PENAL LAW, or failure to disclose the origin of  a
 recording  in the first degree as defined in section 275.40 of the penal
 law;
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.