Senate Bill S1337

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1337
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 general business law, in  relation
   to the possession, manufacture or sale of a trigger crank, a bump-fire
   device or other firing accelerators

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 265.01 of the penal law is amended by adding a  new
 subdivision 9 to read as follows:
   (9)  A  PERSON  IS  GUILTY  OF  CRIMINAL POSSESSION OF A WEAPON IN THE
 FOURTH  DEGREE  WHEN,  WITH  KNOWLEDGE  OF  THE  CHARACTER  THEREOF,  HE
 POSSESSES  A TRIGGER CRANK, A BUMP-FIRE DEVICE, OR ANY PART, COMBINATION
 OF PARTS, COMPONENT, DEVICE, ATTACHMENT, OR ACCESSORY WHICH IS  DESIGNED
 OR FUNCTIONS TO ACCELERATE THE RATE OF FIRE OF A SEMI-AUTOMATIC RIFLE IN
 SUCH A WAY SO AS TO APPROXIMATE THE OPERATION OF A MACHINE-GUN.
   §  2.  Subdivisions  1  and  2  of section 265.10 of the penal law, as
 amended by chapter 257 of the laws of  2008,  are  amended  to  read  as
 follows:
   1.  Any  person  who  manufactures  or  causes  to be manufactured any
 machine-gun, assault weapon, large capacity ammunition feeding device or
 disguised gun is guilty of a class D felony. ANY PERSON WHO MANUFACTURES
 OR CAUSES TO BE MANUFACTURED A TRIGGER CRANK, A BUMP-FIRE DEVICE, OR ANY
 PART, COMBINATION OF PARTS, COMPONENT, DEVICE, ATTACHMENT, OR  ACCESSORY
 WHICH IS DESIGNED OR FUNCTIONS TO ACCELERATE THE RATE OF FIRE OF A SEMI-
 AUTOMATIC  RIFLE  IN  SUCH A WAY SO AS TO APPROXIMATE THE OPERATION OF A
 MACHINE-GUN IS GUILTY OF A CLASS E FELONY. Any person  who  manufactures
 or causes to be manufactured any switchblade knife, gravity knife, pilum
 ballistic  knife, metal knuckle knife, billy, blackjack, bludgeon, plas-
 tic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag,  sand-
 club or slungshot is guilty of a class A misdemeanor.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07581-01-9
              

 S. 1337                             2
 
   2. Any person who transports or ships any machine-gun, firearm silenc-
 er,  assault  weapon  or  large  capacity  ammunition  feeding device or
 disguised gun, or who transports or ships as merchandise  five  or  more
 firearms,  is  guilty  of a class D felony. ANY PERSON WHO TRANSPORTS OR
 SHIPS  A  TRIGGER CRANK, A BUMP-FIRE DEVICE, OR ANY PART, COMBINATION OF
 PARTS, COMPONENT, DEVICE, ATTACHMENT, OR ACCESSORY WHICH IS DESIGNED  OR
 FUNCTIONS  TO  ACCELERATE  THE RATE OF FIRE OF A SEMI-AUTOMATIC RIFLE IN
 SUCH A WAY SO AS TO APPROXIMATE THE OPERATION OF A MACHINE-GUN IS GUILTY
 OF A CLASS E FELONY. Any person who transports or ships  as  merchandise
 any  firearm,  other  than an assault weapon, switchblade knife, gravity
 knife, pilum ballistic knife, billy, blackjack, bludgeon, plastic knuck-
 les, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot  is
 guilty of a class A misdemeanor.
   §  3.  Subdivision  3  of  section  897 of the general business law is
 renumbered subdivision 4 and a new subdivision 3 is  added  to  read  as
 follows:
   3.  NO  TRIGGER CRANK, A BUMP-FIRE DEVICE, OR ANY PART, COMBINATION OF
 PARTS, COMPONENT, DEVICE, ATTACHMENT, OR ACCESSORY WHICH IS DESIGNED  OR
 FUNCTIONS  TO  ACCELERATE  THE RATE OF FIRE OF A SEMI-AUTOMATIC RIFLE IN
 SUCH A WAY SO AS TO APPROXIMATE THE OPERATION OF A MACHINE-GUN SHALL  BE
 SOLD  IN  THIS  STATE  TO  ANY  PERSON, FIRM, ASSOCIATION OR CORPORATION
 EXCEPT THAT NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  FORBID  THE
 SALE OF SUCH GOODS TO THE STATE OR ANY POLITICAL SUBDIVISION THEREOF FOR
 A LAW ENFORCEMENT AGENCY.
   §  4.  Subdivision  6  of  section  898 of the general business law is
 renumbered subdivision 7 and a new subdivision 6 is  added  to  read  as
 follows:
   6.  NO  TRIGGER CRANK, A BUMP-FIRE DEVICE, OR ANY PART, COMBINATION OF
 PARTS, COMPONENT, DEVICE, ATTACHMENT, OR ACCESSORY WHICH IS DESIGNED  OR
 FUNCTIONS  TO  ACCELERATE  THE RATE OF FIRE OF A SEMI-AUTOMATIC RIFLE IN
 SUCH A WAY SO AS TO APPROXIMATE THE OPERATION OF A MACHINE-GUN SHALL  BE
 SOLD  IN  THIS  STATE  TO  ANY  PERSON, FIRM, ASSOCIATION OR CORPORATION
 EXCEPT THAT NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  FORBID  THE
 SALE OF SUCH GOODS TO THE STATE OR ANY POLITICAL SUBDIVISION THEREOF FOR
 A LAW ENFORCEMENT AGENCY.
   §  5.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the one  hundred  twentieth
 day after it shall have become a law.