Senate Bill S5829

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5829
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  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.
   § 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.
   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.
 § 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.
                                                            LBD03328-01-7

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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.
   § 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
 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.
   § 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

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 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:
   §  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
   §  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

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 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
 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

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 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
 TRANSPORT OF AN UNDETECTABLE FIREARM AS DEFINED IN SECTION 265.50 OF THE
 PENAL LAW;
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.