NY State Senate Bill 2019-S7762

Senate Bill S7762

2019-2020 Legislative Session

Enacts the "Scott J. Beigel unfinished receiver act" in relation to unfinished frames or receivers

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 23, 2020	referred to codes delivered to assembly passed senate ordered to third reading cal.1016
Jul 20, 2020	reported and committed to rules
Feb 14, 2020	referred to codes

Votes

- Jul 23, 2020 - Floor Vote
  S7762
  
  40
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 23, 2020
      
      aye (40)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Amedore
      
      Borrello
      
      Boyle
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Jul 22, 2020 - Rules Committee Vote
  S7762
  
  12
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 22, 2020
      
      aye (12)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Little
      
      Liu
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (5)
      
      Griffo
      
      Lanza
      
      Ortt
      
      Robach
      
      Seward
      
      aye wr (2)
      
      LaValle
      
      Martinez

co-Sponsors

View additional co-sponsors

2019-S7762 (ACTIVE) - Details

See Assembly Version of this Bill:: A9945
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00 & 265.02, add §§265.63, 265.64 & 265.65, Pen L
Versions Introduced in 2021-2022 Legislative Session:: S13, A2666

2019-S7762 (ACTIVE) - Summary

Enacts the "Scott J. Beigel unfinished receiver act"; relates to unfinished frames or receivers; establishes the crimes of criminal sale of an unfinished frame or receiver in the first, second and third degrees as class C, D and E felonies, respectively.

2019-S7762 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7762

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation would create the Scott J.  Beigel Unfinished Receiver
act which would prohibit the possession of unfinished receivers by
anyone other than a gunsmith. Further this legislation also would create
the crimes of criminal sale of an unfinished frame or receiver in the
first, second, and third degree.

 
SUMMARY OF PROVISIONS:

Section 1 names this act the "Scott J. Beigel Unfinished Receiver act".

Section 2 adds a new subdivision 32 to Section 265.00 of the penal law
to include the definition of unfinished frame or receiver.  Specifically
this definition defines a piece of any material that does not constitute
the frame or receiver of a firearm, rifle or shotgun that has been
shaped or formed in any way for the purpose of becoming the frame or
receiver of a firearm, rifle, or shotgun and which may be readily made
into a functional frame or receiver through milling, drilling, or other
means as an unfinished frame or receiver.  This section excludes a piece
of material that has had its size or external shape altered to facili-
tate transportation or storage or has had its chemical composition
altered.

Section 3 amends Section 265.02 of the penal law by adding two new
subdivisions 12 and 13 to criminalize the possession of an unfinished
frame or receiver by anyone other than a gunsmith. Subdivision 12 crimi-
nalizes the possession of a major component of a firearm, rifle or shot-
gun by a person prohibited from possessing such pursuant to this arti-
cle, or subsection (g) of section 922 of title 18 of the United States
Code, or is subject to a temporary or final extreme risk protection
order. This is a class D felony.

Section 4 adds three new sections 265.63, 265.64, and 265.65 to the
penal law. These sections create the crimes of criminal sale of an
unfinished frame or receiver in the first, second, or third degree. A
person is guilty of the criminal sale of an unfinished frame or receiver
when such person sells, exchanges, gives, or disposes of an unfinished
frame or receiver.A person is not in violation if they sell, exchange,
or give such unframed receiver to a gunsmith, or voluntarily surrender
such unfinished frame or receiver to any designated law enforcement
officer. This is a class E Felony, it becomes a class D Felony when five
or more unfinished frames or receivers are involved, and a class C Felo-
ny when more than ten unfinished frames or receivers.

Section 5 is the effective date.

 
JUSTIFICATION:


Scott J. Beigel tragically lost his life due to senseless gun violence
at Marjory Stoneman Douglas High School in Parkland, Florida, on Febru-
ary 14, 2018. Scott was a hero, an MSD teacher who gave his life to
heroically protect his students. Scott was the truest of heroes in life,
and remains one now. The Scott J. Beigel Unfinished Receiver Act is
dedicated to his honor and in his memory, and is intended, just as Scott
intended, to save lives.

With an epidemic of gun violence plaguing the United States, and in the
face of Federal inaction in dealing with the crisis, it is incumbent
upon the states to enact common-sense reforms that close dangerous loop-
holes that allow untraceable weapons to flood our communities.

Unfinished receivers, also called lowers or blanks, are used to form the
lower part of a firearm. An individual can use an unfinished receiver to
circumvent gun laws by making their own semiautomatic weapon at home.
These unfinished receivers can be turned into a firearm incredibly easi-
ly; all that is required is for an individual to drill holes in the
unfinished receiver, well out other areas of the unfinished receiver,
and then combine with the other pieces needed to make a fully function-
ing semiautomatic rifle. A skilled individual can assemble an opera-
tional semi-automatic firearm using a lower in under an hour, and some-
one with little experience can, after watching a YouTube video, use a
lower make a semi-automatic weapon in only a slightly longer time.

Unfinished receivers are not tracked, and it is unknown exactly how many
of them have been finished into weapons. Because these weapons are made
at home, they contain no serial number and are untraceable.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act shall take effect 180 days after having become a law.

2019-S7762 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7762
 
                             I N  S E N A T E
 
                             February 14, 2020
                                ___________
 
 Introduced  by  Sens. KAPLAN, HOYLMAN -- 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  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

 S. 7762                             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.

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