S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9963

                          I N  A S S E M B L Y

                              June 3, 2014
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
  read once and referred to the Committee on Codes

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 two
new subdivisions 3-a and 26 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.
  26. "UNDETECTABLE" MEANS NOT DETECTABLE BY AN X-RAY MACHINE,  PORTABLE
PULSED  X-RAY  GENERATOR,  METAL  DETECTOR OR MAGNETOMETER WHEN SET AT A
STANDARD CALIBRATION, OR ANY OTHER MACHINE USED TO SCREEN OR  INSPECT  A
PERSON AND AN OBJECT FOR A FIREARM, RIFLE, OR SHOTGUN.
  S  2.  The  penal law is amended by adding two new sections 265.50 and
265.55 to read as follows:
S 265.50 CRIMINAL MANUFACTURE, SALE, OR  TRANSPORT  OF  AN  UNDETECTABLE
           FIREARM.
  A  PERSON  IS GUILTY OF CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN
UNDETECTABLE FIREARM WHEN HE OR SHE KNOWINGLY MANUFACTURES, 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 REMOVAL OF GRIPS, STOCKS
AND MAGAZINES, IS UNDETECTABLE; OR
  2.  ANY MAJOR COMPONENT OF A FIREARM, RIFLE, OR SHOTGUN WHICH IS UNDE-
TECTABLE.
  CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM IS
A CLASS D FELONY.
S 265.55 CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM.
  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN  UNDETECTABLE  FIREARM
WHEN  HE  OR  SHE  KNOWINGLY POSSESSES AN UNDETECTABLE FIREARM, RIFLE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15324-05-4
              

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SHOTGUN OR ANY UNDETECTABLE MAJOR COMPONENT  OF  A  FIREARM,  RIFLE,  OR
SHOTGUN.
  CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM IS A CLASS E FELONY.
  S 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:
  S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 1 of the laws of  2013,  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  subdivi-
sion  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, 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 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 AS DEFINED IN SECTION 265.50.
  S  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,

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SALE, OR TRANSPORT OF AN UNDETECTABLE  FIREARM  AS  DEFINED  IN  SECTION
265.50  must  be a sentence to a determinate period of imprisonment, or,
in the alternative, a definite sentence of imprisonment for a period  of
no less than one year, except that:
  S  6.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
law, as amended by section 16 of subpart A of part H of  chapter  55  of
the laws of 2014, 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; section 135.35 relating to labor traf-
ficking; 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; 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 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; sections 235.06, 235.07, 235.21 and 235.22 relating to
obscenity; sections 263.10 and 263.15 relating  to  promoting  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 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; AND
SECTION 265.50 RELATING TO THE CRIMINAL MANUFACTURE, SALE, OR  TRANSPORT
OF AN UNDETECTABLE FIREARM; or
  S  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, 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,

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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, abortion
in  the  second  degree  as  defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 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  imprisonment  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, 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
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

A. 9963                             5

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,  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 dangerous instru-
ments 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, [or] failure to disclose the origin of a
recording in the first degree as defined in section 275.40 of the  penal
law,  OR  CRIMINAL  MANUFACTURE,  SALE,  OR TRANSPORT OF AN UNDETECTABLE
FIREARM AS DEFINED IN SECTION 265.50 OF THE PENAL LAW;
  S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.