assembly Bill A9903A

2019-2020 Legislative Session

Enacts the Jose Webster untraceable firearms act

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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
Jul 24, 2020 print number 9903a
Jul 24, 2020 amend and recommit to codes
Feb 26, 2020 referred to codes

Co-Sponsors

A9903 - Details

See Senate Version of this Bill:
S7763
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.02, 265.10 & 400.00, add §§265.07, 265.60, 265.61 & 265.62, Pen L

A9903 - Summary

Criminalizes the sale of ghost guns and requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble, manufacture, fabricate, build, or if they fit together the component parts of a firearm, rifle, or shotgun.

A9903 - Bill Text download pdf


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

                                  9903

                          I N  A S S E M B L Y

                            February 26, 2020
                               ___________

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

AN ACT to amend the penal law, in relation to enacting the Jose  Webster
  untraceable firearms act

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

  Section 1. This act shall be known and  may  be  cited  as  the  "Jose
Webster untraceable firearms act".
  §  2.  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.  "GUNSMITH"  SHALL  INCLUDE  ANY
PERSON  WHO ASSEMBLES, MANUFACTURES, FABRICATES, BUILDS OR FITS TOGETHER
THE COMPONENT PARTS OF A FIREARM, RIFLE OR SHOTGUN, REGARDLESS OF WHETH-
ER THE FIREARM, RIFLE OR SHOTGUN IS INTENDED FOR PERSONAL  USE,  COMMER-
CIAL SALE OR FOR ANY OTHER PURPOSE.
  § 3. Section 265.00 of the penal law is amended by adding a new subdi-
vision 31 to read as follows:
  31. "GHOST GUN" MEANS A FIREARM, RIFLE OR SHOTGUN THAT DOES NOT COMPLY
WITH THE PROVISIONS OF SECTION 265.07 OF THIS ARTICLE AND IS NOT SERIAL-
IZED  IN  ACCORDANCE WITH THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS
AND LICENSED MANUFACTURERS PURSUANT TO SUBSECTION (I) OF SECTION 923  OF
TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
ETO,  EXCEPT  FOR ANTIQUE FIREARMS AS DEFINED IN SUBDIVISION FOURTEEN OF
THIS SECTION, AS ADDED BY CHAPTER NINE HUNDRED EIGHTY-SIX OF THE LAWS OF
NINETEEN HUNDRED SEVENTY-FOUR, OR ANY FIREARM, RIFLE OR SHOTGUN MANUFAC-
TURED PRIOR TO NINETEEN HUNDRED SIXTY-EIGHT.
  § 4. Subdivision 10 of section 265.02 of the penal law,  as  added  by
chapter  1  of  the laws of 2013, is amended and a new subdivision 11 is
added to read as follows:

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

Co-Sponsors

view additional co-sponsors

A9903A (ACTIVE) - Details

See Senate Version of this Bill:
S7763
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.02, 265.10 & 400.00, add §§265.07, 265.60, 265.61 & 265.62, Pen L

A9903A (ACTIVE) - Summary

Criminalizes the sale of ghost guns and requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble, manufacture, fabricate, build, or if they fit together the component parts of a firearm, rifle, or shotgun.

A9903A (ACTIVE) - Bill Text download pdf


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

                                 9903--A

                          I N  A S S E M B L Y

                            February 26, 2020
                               ___________

Introduced  by  M.  of A. L. ROSENTHAL, BUCHWALD, STERN -- read once and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, in relation to enacting the Jose  Webster
  untraceable firearms act

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

  Section 1. This act shall be known and  may  be  cited  as  the  "Jose
Webster untraceable firearms act".
  §  2.  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 (A) 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; OR (B) ANY PERSON  WHO  ASSEMBLES,
MANUFACTURES,  FABRICATES,  BUILDS, OR FITS 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  FOR  ANY
OTHER  PURPOSE.    "GUNSMITH"  SHALL NOT INCLUDE ANY PERSON WHO PERFORMS
ROUTINE CLEANING OR MAINTENANCE ON A LAWFULLY POSSESSED  FIREARM,  RIFLE
OR SHOTGUN FOR NON-COMMERCIAL PURPOSES.
  § 3. Section 265.00 of the penal law is amended by adding a new subdi-
vision 31 to read as follows:
  31. "GHOST GUN" MEANS A FIREARM, RIFLE OR SHOTGUN THAT DOES NOT COMPLY
WITH THE PROVISIONS OF SECTION 265.07 OF THIS ARTICLE AND IS NOT SERIAL-
IZED  IN  ACCORDANCE WITH THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS
AND LICENSED MANUFACTURERS PURSUANT TO SUBSECTION (I) OF SECTION 923  OF
TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
ETO,  EXCEPT  FOR ANTIQUE FIREARMS AS DEFINED IN SUBDIVISION FOURTEEN OF
THIS SECTION, AS ADDED BY CHAPTER NINE HUNDRED EIGHTY-SIX OF THE LAWS OF
NINETEEN HUNDRED SEVENTY-FOUR, OR ANY FIREARM, RIFLE OR SHOTGUN MANUFAC-
TURED PRIOR TO NINETEEN HUNDRED SIXTY-EIGHT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets