Assembly Bill A10605

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10605
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to unlawful dissemination  or
   publication  of files or instructions for the digital manufacture of a
   firearm or components
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 265.65 to
 read as follows:
 § 265.65 UNLAWFUL DISSEMINATION OR PUBLICATION OF FILES OR  INSTRUCTIONS
            FOR THE DIGITAL MANUFACTURE OF A FIREARM OR COMPONENTS.
   1.  A  PERSON  IS  GUILTY  OF UNLAWFUL DISSEMINATION OR PUBLICATION OF
 FILES OR INSTRUCTIONS FOR THE DIGITAL MANUFACTURE OF A FIREARM OR COMPO-
 NENTS WHEN:
   (A) HE OR SHE DISSEMINATES OR PUBLISHES FILES OR INSTRUCTIONS FOR  THE
 DIGITAL MANUFACTURE OF A FIREARM OR COMPONENTS WITHOUT BEING LICENSED AS
 A  GUNSMITH  OR  DEALER  IN  FIREARMS UNDER ARTICLE FOUR HUNDRED OF THIS
 CHAPTER; OR
   (B) HE OR SHE DISSEMINATES OR PUBLISHES FILES OR INSTRUCTIONS FOR  THE
 DIGITAL  MANUFACTURE  OF  A  FIREARM  OR COMPONENTS WITHOUT PERFORMING A
 BACKGROUND CHECK ON THE PURCHASER OR  DOWNLOADER  OF  SUCH  INSTRUCTIONS
 THROUGH THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS), OR
 ITS SUCCESSOR.
   2.  FOR  PURPOSES  OF THIS SECTION "FIREARM" MEANS THE SAME AS SECTION
 265.00 OF THIS ARTICLE.
   3. FOR PURPOSES OF THIS SECTION "DIGITAL MANUFACTURE OF A  FIREARM  OR
 COMPONENTS"  MEANS  THE PRODUCTION OF ANY FIREARM OR THE MAJOR COMPONENT
 OF A FIREARM, RIFLE OR SHOTGUN USING ADDITIVE MANUFACTURING  OR  DIGITAL
 MANUFACTURING  TECHNOLOGIES  INCLUDING,  BUT  NOT  LIMITED  TO, COMPUTER
 NUMERICAL CONTROL MILLS, THREE-DIMENSIONAL PRINTERS, AND  LASER  CUTTING
 MACHINES.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE  PROTECTIONS  THAT 47 U.S.C § 230 CONFERS ON AN INTERACTIVE COMPUTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15892-01-2
              

 A. 10605                            2
 
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF FILES OR INSTRUCTIONS FOR THE
 DIGITAL MANUFACTURE OF A FIREARM OR COMPONENTS IS A CLASS C FELONY.
   §  2.  Subdivision 3 of section 265.00 of the penal law, as amended by
 chapter 189 of the laws of 2000, is amended to read as follows:
   3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
 one or more barrels less than eighteen inches in length; or (c) a  rifle
 having  one  or  more barrels less than sixteen inches in length; or (d)
 any weapon made from a shotgun or rifle whether by alteration, modifica-
 tion, or otherwise if such weapon as altered, modified, or otherwise has
 an overall length of less than twenty-six  inches;  or  (e)  an  assault
 weapon;  OR  (F)  A  DIGITALLY  MANUFACTURED  FIREARM  OR COMPONENT OF A
 FIREARM, RIFLE OR SHOTGUN AS DEFINED IN SECTION 265.65 OF THIS  ARTICLE.
 For  the purpose of this subdivision the length of the barrel on a shot-
 gun or rifle shall be determined by measuring the distance  between  the
 muzzle  and  the face of the bolt, breech, or breechlock when closed and
 when the shotgun or rifle is cocked; the overall length of a weapon made
 from a shotgun or rifle is the distance between the extreme ends of  the
 weapon  measured  along  a line parallel to the center line of the bore.
 Firearm does not include an antique firearm.
   § 3. This act shall take effect immediately.