senate Bill S7763

2019-2020 Legislative Session

Enacts the Jose Webster untraceable firearms act

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2020 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1017
Jul 20, 2020 print number 7763a
Jul 20, 2020 amend and recommit to rules
reported and committed to rules
Feb 14, 2020 referred to codes

Co-Sponsors

S7763 - Details

See Assembly Version of this Bill:
A9903
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.02 & 265.10, add §§265.07, 265.60, 265.61 & 265.62, Pen L

S7763 - Summary

Criminalizes the sale of ghost guns and requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble, manufacture, fabricate, build, or if they fit together the component parts of a firearm, rifle, or shotgun.

S7763 - Sponsor Memo

S7763 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7763

                            I N  S E N A T E

                            February 14, 2020
                               ___________

Introduced  by  Sens. HOYLMAN, KAPLAN -- 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 Jose  Webster
  untraceable firearms act

  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  "Jose
Webster untraceable firearms act".
  §  2.  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.  "GUNSMITH"  SHALL  INCLUDE  ANY
PERSON  WHO ASSEMBLES, MANUFACTURES, FABRICATES, BUILDS OR FITS TOGETHER
THE COMPONENT PARTS OF A FIREARM, RIFLE OR SHOTGUN, REGARDLESS OF WHETH-
ER THE FIREARM, RIFLE OR SHOTGUN IS INTENDED FOR PERSONAL  USE,  COMMER-
CIAL SALE OR FOR ANY OTHER PURPOSE.
  § 3. Section 265.00 of the penal law is amended by adding a new subdi-
vision 31 to read as follows:
  31. "GHOST GUN" MEANS A FIREARM, RIFLE OR SHOTGUN THAT DOES NOT COMPLY
WITH THE PROVISIONS OF SECTION 265.07 OF THIS ARTICLE AND IS NOT SERIAL-
IZED  IN  ACCORDANCE WITH THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS
AND LICENSED MANUFACTURERS PURSUANT TO SUBSECTION (I) OF SECTION 923  OF
TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
ETO,  EXCEPT  FOR ANTIQUE FIREARMS AS DEFINED IN SUBDIVISION FOURTEEN OF
THIS SECTION, AS ADDED BY CHAPTER NINE HUNDRED EIGHTY-SIX OF THE LAWS OF
NINETEEN HUNDRED SEVENTY-FOUR, OR ANY FIREARM, RIFLE OR SHOTGUN MANUFAC-
TURED PRIOR TO NINETEEN HUNDRED SIXTY-EIGHT.
  § 4. Subdivision 10 of section 265.02 of the penal law,  as  added  by
chapter  1  of  the laws of 2013, is amended and a new subdivision 11 is
added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S7763A (ACTIVE) - Details

See Assembly Version of this Bill:
A9903
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.02 & 265.10, add §§265.07, 265.60, 265.61 & 265.62, Pen L

S7763A (ACTIVE) - Summary

Criminalizes the sale of ghost guns and requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble, manufacture, fabricate, build, or if they fit together the component parts of a firearm, rifle, or shotgun.

S7763A (ACTIVE) - Sponsor Memo

S7763A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7763--A

                            I N  S E N A T E

                            February 14, 2020
                               ___________

Introduced  by  Sens.  HOYLMAN,  KAPLAN,  BIAGGI, GOUNARDES, LIU -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Codes  --  reported  favorably  from said committee and
  committed to the Committee on  Rules  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, in relation to enacting the Jose  Webster
  untraceable firearms act

  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  "Jose
Webster untraceable firearms act".
  §  2.  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 (A) 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; OR (B) ANY PERSON  WHO  ASSEMBLES,
MANUFACTURES,  FABRICATES,  BUILDS, OR FITS 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  FOR  ANY
OTHER  PURPOSE.    "GUNSMITH"  SHALL NOT INCLUDE ANY PERSON WHO PERFORMS
ROUTINE CLEANING OR MAINTENANCE ON A LAWFULLY POSSESSED  FIREARM,  RIFLE
OR SHOTGUN FOR NON-COMMERCIAL PURPOSES.
  § 3. Section 265.00 of the penal law is amended by adding a new subdi-
vision 31 to read as follows:
  31. "GHOST GUN" MEANS A FIREARM, RIFLE OR SHOTGUN THAT DOES NOT COMPLY
WITH THE PROVISIONS OF SECTION 265.07 OF THIS ARTICLE AND IS NOT SERIAL-
IZED  IN  ACCORDANCE WITH THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS
AND LICENSED MANUFACTURERS PURSUANT TO SUBSECTION (I) OF SECTION 923  OF
TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
ETO,  EXCEPT  FOR ANTIQUE FIREARMS AS DEFINED IN SUBDIVISION FOURTEEN OF
THIS SECTION, AS ADDED BY CHAPTER NINE HUNDRED EIGHTY-SIX OF THE LAWS OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.