senate Bill S7623A

2015-2016 Legislative Session

Establishes certain crimes relating to the criminal possession or manufacture of an undetectable firearm, rifle, or shotgun

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Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2016 print number 7623a
Jun 13, 2016 amend and recommit to codes
May 11, 2016 referred to codes

S7623 (ACTIVE) - Details

See Assembly Version of this Bill:
A381
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.20, 70.02 & 460.10, add §§265.50 & 265.55, Pen L; amd §700.05, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9963
2017-2018: S5829, A914

S7623 (ACTIVE) - Summary

Establishes certain crimes relating to the criminal manufacture or possession of an undetectable firearm, rifle, or shotgun.

S7623 (ACTIVE) - Sponsor Memo

S7623 (ACTIVE) - Bill Text download pdf

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

                                  7623

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed 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  three
new subdivisions 3-a, 26 and 27 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 AS DETECTABLE AS THE SECURITY EXEMPLAR BY
AN  X-RAY  MACHINE,  PORTABLE  PULSED X-RAY GENERATOR, METAL DETECTOR OR
MAGNETOMETER, OR BY ANY OTHER DETECTION DEVICE,  WHEN  SET  AT  STANDARD
CALIBRATION, COMMONLY USED AT AIRPORTS TO SCREEN OR INSPECT A PERSON AND
AN OBJECT FOR A FIREARM, RIFLE, OR SHOTGUN.
  27. "SECURITY EXEMPLAR" MEANS AN OBJECT CONSTRUCTED IN ACCORDANCE WITH
FEDERAL LAW THAT IS 3.7 OUNCES OF MATERIAL TYPE 17-4 PRECIPITATION HARD-
ENING  STAINLESS STEEL IN A SHAPE RESEMBLING A FIREARM, AND SUITABLE FOR
TESTING AND CALIBRATING METAL DETECTORS.
  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.
                                                           LBD15310-02-6

S7623A (ACTIVE) - Details

See Assembly Version of this Bill:
A381
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.20, 70.02 & 460.10, add §§265.50 & 265.55, Pen L; amd §700.05, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9963
2017-2018: S5829, A914

S7623A (ACTIVE) - Summary

Establishes certain crimes relating to the criminal manufacture or possession of an undetectable firearm, rifle, or shotgun.

S7623A (ACTIVE) - Sponsor Memo

S7623A (ACTIVE) - Bill Text download pdf

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

                                 7623--A

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  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.
  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.

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