Senate Bill S7763

2019-2020 Legislative Session

Enacts the Jose Webster untraceable firearms act

download bill text pdf

Sponsored By

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

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
Votes

Bill Amendments

co-Sponsors

2019-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
Versions Introduced in 2021-2022 Legislative Session:
S14, A613

2019-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.

2019-S7763 - Sponsor Memo

2019-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

2019-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
Versions Introduced in 2021-2022 Legislative Session:
S14, A613

2019-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.

2019-S7763A (ACTIVE) - Sponsor Memo

2019-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 is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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