Assembly Bill A381A

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

                                 381--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee  on  Codes  -- recommitted to the Committee on Codes in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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.

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

                                                           LBD04881-02-6

A. 381--A                           2

  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
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 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
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:

A. 381--A                           3

  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 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 chapter 368 of the laws of 2015, 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; 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; 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 MANUFAC-
TURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM; or

A. 381--A                           4

  S 7. Paragraph (b) of subdivision 8 of section 700.05 of the  criminal
procedure law, as amended by chapter 368 of the laws of 2015, 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, 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, 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 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

A. 381--A                           5

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 instru-
ment  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, residential 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 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, [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

A. 381--A                           6

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.