S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6716
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 13, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in  relation  to  unfinished  frames  and
   receivers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. 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  AND SHALL ALSO INCLUDE ASSEMBLING,
 MANUFACTURING, FABRICATING, BUILDING, OR FITTING 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 ANY
 OTHER PURPOSE.
   § 2. The opening paragraph of subdivision a of section 265.20  of  the
 penal  law, as separately amended by chapters 130 and 134 of the laws of
 2019, is amended to read as follows:
   Paragraph (h) of subdivision twenty-two of section 265.00 and sections
 265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02,
 265.03, 265.04, 265.05, 265.07, 265.10, 265.11, 265.12, 265.13,  265.15,
 265.36, 265.37 and 270.05 shall not apply to:
   § 3. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 31 to read as follows:
   31.  "UNFINISHED  FRAME  OR  RECEIVER"  MEANS A FRAME OR RECEIVER OF A
 FIREARM, RIFLE OR SHOTGUN WHOSE FIRE-CONTROL CAVITY IS COMPLETELY  SOLID
 AND  UN-MACHINED,  AND WHICH MAY READILY BE MADE INTO A FUNCTIONAL FRAME
 OR RECEIVER THROUGH MILLING, DRILLING OR OTHER MEANS  AND  INCLUDES  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD13798-02-9
 S. 6716                             2
 
 OTHER  OBJECT,  PART  OR  COMBINATION OF PARTS WHICH IS NOT A FUNCTIONAL
 FRAME OR RECEIVER BUT IS DESIGNED  OR  INTENDED  TO  BE  USED  FOR  THAT
 PURPOSE AND CAN BE READILY MADE INTO A FUNCTIONAL FRAME OR RECEIVER.
   § 4. Section 265.01 of the penal law is amended by adding a new subdi-
 vision 9 to read as follows:
   (9) HE OR SHE POSSESSES AN UNFINISHED FRAME OR RECEIVER.
   §  5.  The penal law is amended by adding a new section 265.07 to read
 as follows:
 § 265.07 CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER.
   A PERSON IS GUILTY OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER
 WHEN HE OR SHE SELLS,  EXCHANGES,  GIVES,  DISPOSES  OF,  PURCHASES,  OR
 OTHERWISE OBTAINS AN UNFINISHED FRAME OR RECEIVER.
   CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IS A CLASS E FELONY.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided however that if section 3 of chap-
 ter 134 of the laws of 2019 is not in effect on such date  then  section
 two  of  this  act  shall  take  effect on the same date and in the same
 manner as section 3 of chapter 134 of the laws of 2019 takes effect.