S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9945
 
                           I N  A S S E M B L Y
 
                             February 27, 2020
                                ___________
 
 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 enacting the "Scott J.
   Beigel unfinished receiver act" in relation to  unfinished  frames  or
   receivers
 
   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  "Scott  J.
 Beigel unfinished receiver act".
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 32 to read as follows:
   32.  "UNFINISHED FRAME OR RECEIVER" MEANS A PIECE OF ANY MATERIAL THAT
 DOES NOT CONSTITUTE THE FRAME OR RECEIVER OF A FIREARM, RIFLE OR SHOTGUN
 BUT THAT HAS BEEN SHAPED OR FORMED IN ANY WAY FOR THE PURPOSE OF  BECOM-
 ING  THE FRAME OR RECEIVER OF A FIREARM, RIFLE OR SHOTGUN, AND WHICH MAY
 READILY BE MADE INTO A FUNCTIONAL FRAME  OR  RECEIVER  THROUGH  MILLING,
 DRILLING  OR OTHER MEANS. THE TERM SHALL NOT INCLUDE A PIECE OF MATERIAL
 THAT HAS HAD ITS SIZE OR EXTERNAL SHAPE ALTERED TO FACILITATE  TRANSPOR-
 TATION OR STORAGE OR HAS HAD ITS CHEMICAL COMPOSITION ALTERED.
   §  3.  Section  265.02  of  the penal law is amended by adding two new
 subdivisions 12 and 13 to read as follows:
   (12) SUCH PERSON IS NOT A GUNSMITH DULY LICENSED PURSUANT  TO  SECTION
 400.00 OF THIS CHAPTER AND POSSESSES AN UNFINISHED FRAME OR RECEIVER; OR
   (13)  SUCH  PERSON POSSESSES A MAJOR COMPONENT OF A FIREARM, RIFLE, OR
 SHOTGUN AND SUCH PERSON IS PROHIBITED FROM POSSESSING A SHOTGUN OR RIFLE
 PURSUANT TO:
   (I) THIS ARTICLE;
   (II) SUBSECTION (G) OF SECTION 922 OF TITLE 18 OF  THE  UNITED  STATES
 CODE; OR
   (III)  A TEMPORARY OR FINAL EXTREME RISK PROTECTION ORDER ISSUED UNDER
 ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES.
   § 4. The penal law is amended by adding  three  new  sections  265.63,
 265.64 and 265.65 to read as follows:
 §  265.63  CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE THIRD
            DEGREE.
   1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION,  A
              

 PERSON  IS GUILTY OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15379-03-0

 A. 9945                             2
 
 THE THIRD DEGREE WHEN SUCH PERSON SELLS, EXCHANGES, GIVES OR DISPOSES OF
 AN UNFINISHED FRAME OR RECEIVER.
   2.  A  PERSON  SHALL  NOT  BE GUILTY OF CRIMINAL SALE OF AN UNFINISHED
 FRAME OR RECEIVER IN THE THIRD DEGREE IF SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES OF SUCH  UNFINISHED  FRAME  OR
 RECEIVER  TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION 400.00 OF THIS
 CHAPTER; OR
   (B) VOLUNTARILY SURRENDERS SUCH UNFINISHED FRAME OR  RECEIVER  TO  ANY
 LAW  ENFORCEMENT  OFFICIAL  DESIGNATED  PURSUANT  TO SUBPARAGRAPH (F) OF
 PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE.
   CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE  THIRD  DEGREE
 IS A CLASS E FELONY.
 §  265.64 CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE SECOND
            DEGREE.
   1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION,  A
 PERSON  IS GUILTY OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN
 THE SECOND DEGREE WHEN SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES OF  FIVE  OR  MORE  UNFINISHED
 FRAMES OR RECEIVERS; OR
   (B)  SELLS,  EXCHANGES,  GIVES  OR DISPOSES OF A TOTAL OF FIVE OR MORE
 UNFINISHED FRAMES OR RECEIVERS IN A PERIOD OF NOT MORE THAN ONE YEAR.
   2. A PERSON SHALL NOT BE GUILTY OF  CRIMINAL  SALE  OF  AN  UNFINISHED
 FRAME OR RECEIVER IN THE SECOND DEGREE IF SUCH PERSON:
   (A)  SELLS,  EXCHANGES, GIVES OR DISPOSES OF SUCH UNFINISHED FRAMES OR
 RECEIVERS TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION 400.00 OF THIS
 CHAPTER; OR
   (B) VOLUNTARILY SURRENDERS SUCH UNFINISHED FRAMES OR RECEIVERS TO  ANY
 LAW  ENFORCEMENT  OFFICIAL  DESIGNATED  PURSUANT  TO SUBPARAGRAPH (F) OF
 PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE.
   CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE SECOND  DEGREE
 IS A CLASS D FELONY.
 §  265.65  CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE FIRST
            DEGREE.
   1. A PERSON IS GUILTY OF CRIMINAL  SALE  OF  AN  UNFINISHED  FRAME  OR
 RECEIVER IN THE FIRST DEGREE WHEN SUCH PERSON:
   (A)  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF TEN OR MORE UNFINISHED
 FRAMES OR RECEIVERS; OR
   (B) SELLS, EXCHANGES, GIVES OR DISPOSES OF A  TOTAL  OF  TEN  OR  MORE
 UNFINISHED FRAMES OR RECEIVERS IN A PERIOD OF NOT MORE THAN ONE YEAR.
   2.  A  PERSON  SHALL  NOT  BE GUILTY OF CRIMINAL SALE OF AN UNFINISHED
 FRAME OR RECEIVER IN THE FIRST DEGREE IF SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES, OR DISPOSES OF SUCH UNFINISHED FRAMES  OR
 RECEIVERS TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION 400.00 OF THIS
 CHAPTER; OR
   (B)  VOLUNTARILY SURRENDERS SUCH UNFINISHED FRAMES OR RECEIVERS TO ANY
 LAW ENFORCEMENT OFFICIAL DESIGNATED  PURSUANT  TO  SUBPARAGRAPH  (F)  OF
 PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE.
   CRIMINAL  SALE  OF AN UNFINISHED FRAME OR RECEIVER IN THE FIRST DEGREE
 IS A CLASS C FELONY.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.