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.