The New York State Senate

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

                                  8650

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             October 2, 2019
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  penal law, in relation to unfinished frames and
  receivers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  8  of  section  265.00  of the penal law, as
amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
follows:
  8.  "Gunsmith"  means  any  person,  firm, partnership, corporation or
company who engages in the business of repairing, altering,  assembling,
manufacturing,   cleaning,  polishing,  engraving  or  trueing,  or  who
performs any mechanical operation on, any firearm, large capacity  ammu-
nition feeding device or machine-gun  AND SHALL ALSO INCLUDE ASSEMBLING,
MANUFACTURING,  FABRICATING, BUILDING, OR FITTING TOGETHER THE COMPONENT
PARTS OF A FIREARM, RIFLE OR SHOTGUN, REGARDLESS OF WHETHER THE FIREARM,
RIFLE OR SHOTGUN IS INTENDED FOR PERSONAL USE, COMMERCIAL SALE,  OR  ANY
OTHER PURPOSE.
  §  2.  The opening paragraph of subdivision a of section 265.20 of the
penal law, as separately amended by chapters 130 and 134 of the laws  of
2019, 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, 265.07, 265.10, 265.11, 265.12, 265.13, 265.15,
265.36, 265.37 and 270.05 shall not apply to:
  § 3. Section 265.00 of the penal law is amended by adding a new subdi-
vision 31 to read as follows:
  31. "UNFINISHED FRAME OR RECEIVER" MEANS A  FRAME  OR  RECEIVER  OF  A
FIREARM,  RIFLE OR SHOTGUN WHOSE FIRE-CONTROL CAVITY IS COMPLETELY SOLID
AND UN-MACHINED, AND WHICH MAY READILY BE MADE INTO A  FUNCTIONAL  FRAME
OR  RECEIVER  THROUGH  MILLING, DRILLING OR OTHER MEANS AND INCLUDES ANY

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

                                                           LBD13798-02-9

A. 8650                             2

OTHER OBJECT, PART OR COMBINATION OF PARTS WHICH  IS  NOT  A  FUNCTIONAL
FRAME  OR  RECEIVER  BUT  IS  DESIGNED  OR  INTENDED TO BE USED FOR THAT
PURPOSE AND CAN BE READILY MADE INTO A FUNCTIONAL FRAME OR RECEIVER.
  § 4. Section 265.01 of the penal law is amended by adding a new subdi-
vision 9 to read as follows:
  (9) HE OR SHE POSSESSES AN UNFINISHED FRAME OR RECEIVER.
  §  5.  The penal law is amended by adding a new section 265.07 to read
as follows:
§ 265.07 CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER.
  A PERSON IS GUILTY OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER
WHEN HE OR SHE SELLS,  EXCHANGES,  GIVES,  DISPOSES  OF,  PURCHASES,  OR
OTHERWISE OBTAINS AN UNFINISHED FRAME OR RECEIVER.
  CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IS A CLASS E FELONY.
  § 6. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided however that if section 3 of chap-
ter 134 of the laws of 2019 is not in effect on such date  then  section
two  of  this  act  shall  take  effect on the same date and in the same
manner as section 3 of chapter 134 of the laws of 2019 takes effect.