S T A T E O F N E W Y O R K
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4380
2019-2020 Regular Sessions
I N S E N A T E
March 11, 2019
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Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to a ban on undetectable
firearms, undetectable firearm receivers and undetectable ammunition
magazines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known as the "undetectable
firearms act".
§ 2. Findings. The legislature finds that:
(1) Federal Bureau of Investigation data shows that more than fifty-
seven percent of the murders that occurred in New York state in 2011
were perpetrated with a firearm;
(2) digital manufacturing technologies, including computer numerical
control mills, 3-dimensional printers and laser cutting machines are
quickly advancing so that they may soon be used to fabricate fully oper-
ational firearm components; and
(3) some commercially available digital manufacturing technologies can
manufacture these components using materials that cannot be detected by
traditional metal detectors or x-ray imaging machines.
§ 3. The penal law is amended by adding a new section 265.50 to read
as follows:
§ 265.50 BAN ON UNDETECTABLE FIREARMS, UNDETECTABLE FIREARM RECEIVERS
AND UNDETECTABLE AMMUNITION MAGAZINES.
1. IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY MANUFACTURE,
IMPORT, SELL, SHIP, DELIVER, TRANSFER, RECEIVE OR POSSESS:
(A) ANY FIREARM:
(I) THAT, AFTER REMOVAL OF GRIPS, STOCKS AND MAGAZINES, IS NOT DETECT-
ABLE BY WALK-THROUGH METAL DETECTORS; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04884-01-9
S. 4380 2
(II) ANY MAJOR COMPONENT OF WHICH DOES NOT GENERATE AN IMAGE THAT
ACCURATELY DEPICTS THE SHAPE OF THE COMPONENT WHEN SUBJECTED TO
INSPECTION BY THE TYPES OF X-RAY MACHINES COMMONLY USED AT AIRPORTS; OR
(B) ANY RECEIVER FOR A RIFLE OR HANDGUN MANUFACTURED BY A PERSON WHO
IS NOT A LICENSED MANUFACTURER:
(I) THAT IS NOT DETECTABLE AS A RIFLE OR HANDGUN BY WALK-THROUGH METAL
DETECTORS; OR
(II) WHICH DOES NOT GENERATE AN IMAGE THAT ACCURATELY DEPICTS THE
SHAPE OF THE RECEIVER WHEN SUBJECTED TO INSPECTION BY THE TYPES OF X-RAY
MACHINES COMMONLY USED AT AIRPORTS; OR
(C) ANY AMMUNITION MAGAZINE MANUFACTURED BY A PERSON WHO IS NOT A
LICENSED MANUFACTURER:
(I) THAT, AFTER REMOVAL OF THE SPRING AND FOLLOWER, IS NOT DETECTABLE
BY WALK-THROUGH METAL DETECTORS; OR
(II) WHICH DOES NOT GENERATE AN IMAGE THAT ACCURATELY DEPICTS THE
SHAPE OF THE MAGAZINE WHEN SUBJECTED TO INSPECTION BY THE TYPES OF X-RAY
MACHINES COMMONLY USED AT AIRPORTS.
2. FOR THE PURPOSES OF THIS SECTION:
(A) THE TERM "FIREARM" DOES NOT INCLUDE THE FRAME OR RECEIVER OF ANY
SUCH WEAPON; AND
(B) THE TERM "MAJOR COMPONENT" OF A FIREARM MEANS THE BARREL, THE
SLIDE OR CYLINDER, OR THE FRAME OR RECEIVER OF THE FIREARM.
3. THIS SECTION SHALL NOT APPLY TO ANY FIREARM WHICH HAS BEEN CERTI-
FIED BY AN AGENCY OF THE UNITED STATES AS NECESSARY FOR MILITARY INTEL-
LIGENCE APPLICATIONS AND IS MANUFACTURED FOR AND SOLD EXCLUSIVELY TO
MILITARY OR INTELLIGENCE AGENCIES OF THE UNITED STATES.
4. A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE GUIL-
TY OF A CLASS E FELONY.
§ 4. The New York state police shall promulgate rules and regulations
necessary for the implementation of this act.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.