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.