NY State Senate Bill S7762

Archive: Last Bill Status - Passed Senate

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Actions

view actions (6)

	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

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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

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.

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.

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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senate Bill S7762

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Archive: Last Bill Status - Passed Senate

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Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Co-Sponsors

S7762 (ACTIVE) - Details

S7762 (ACTIVE) - Summary

S7762 (ACTIVE) - Sponsor Memo

S7762 (ACTIVE) - Bill Text download pdf

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Archive: Last Bill Status - Passed Senate

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Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Co-Sponsors

S7762 (ACTIVE) - Details

S7762 (ACTIVE) - Summary

S7762 (ACTIVE) - Sponsor Memo

S7762 (ACTIVE) - Bill Text download pdf

Comments

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