NY State Senate Bill S13

Current Bill Status - In Senate Committee Codes Committee

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2021	referred to codes

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S13 (ACTIVE) - Details

See Assembly Version of this Bill:: A2666
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00 & 265.02, add §§265.63, 265.64 & 265.65, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S7762, A9945

S13 (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.

S13 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S13

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. Seigel 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. Seigel 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  11  and  12 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  Ix,  turned into a firearm incredibly
easily; 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:

S. 7762/A.9945; Passed Senate in 2019

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act shall take effect 180 days after having become a law.

S13 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    13
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced   by   Sens.   KAPLAN,  HOYLMAN,  BIAGGI,  BROOKS,  GAUGHRAN,
   GOUNARDES, KAVANAGH, LIU, MAY, THOMAS -- read twice and ordered print-
   ed, 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 11 and 12 to read as follows:
   (11)  SUCH  PERSON IS NOT A GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER AND POSSESSES AN UNFINISHED FRAME OR RECEIVER; OR
   (12) 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

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

                       [ ] is old law to be omitted.
                                                            LBD03225-01-1

 S. 13                               2
 
   (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
 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.

 S. 13                               3

   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 S13

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Current Bill Status - In Senate Committee Codes Committee

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S13 (ACTIVE) - Details

S13 (ACTIVE) - Summary

S13 (ACTIVE) - Sponsor Memo

S13 (ACTIVE) - Bill Text download pdf

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senate Bill S13

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Current Bill Status - In Senate Committee Codes Committee

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S13 (ACTIVE) - Details

S13 (ACTIVE) - Summary

S13 (ACTIVE) - Sponsor Memo

S13 (ACTIVE) - Bill Text download pdf

Comments