NY State Senate Bill 2021-S13A

Senate Bill S13A

Signed By Governor

2021-2022 Legislative Session

Enacts the "Scott J. Beigel unfinished receiver act" in relation to unfinished frames or receivers

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 28, 2021	approval memo.27 signed chap.519
Oct 27, 2021	delivered to governor
Jun 08, 2021	returned to senate passed assembly
Jun 07, 2021	ordered to third reading rules cal.423 substituted for a2666a
Jun 02, 2021	referred to codes returned to assembly repassed senate
May 24, 2021	amended on third reading 13a
May 24, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
Feb 10, 2021	referred to codes delivered to assembly passed senate
Feb 09, 2021	ordered to third reading cal.311
Feb 08, 2021	reported and committed to rules
Jan 06, 2021	referred to codes

Votes

- Jun 2, 2021 - Floor Vote
  S13A
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2021
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Brisport
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Feb 9, 2021 - Rules Committee Vote
  S13A
  
  14
  
  Aye
  
  6
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Feb 9, 2021
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (6)
      
      Gallivan
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Ritchie
      
      aye wr (1)
      
      Boyle

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S13 - Details

See Assembly Version of this Bill:: A2666
Law Section:: Penal Law
Laws Affected:: Amd §§265.00 & 265.01, add §§265.63 & 265.64, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S7762, A9945

2021-S13 - 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 and second degrees as class D and E felonies, respectively.

2021-S13 - 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.

2021-S13 - 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.

co-Sponsors

View additional co-sponsors

2021-S13A (ACTIVE) - Details

See Assembly Version of this Bill:: A2666
Law Section:: Penal Law
Laws Affected:: Amd §§265.00 & 265.01, add §§265.63 & 265.64, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S7762, A9945

2021-S13A (ACTIVE) - Summary

2021-S13A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S13A      REVISED 05/25/2021

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 OR GENERAL IDEA OF BILL:

This legislation would create the "Scott J. Beigel unfinished receiver
act," which would prohibit the possession of unfinished frames and
receivers by persons other than those required to be a licensed
gunsmith. It would also create the crimes of criminal sale of an unfin-
ished frame or receiver in the first and second 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.  "Unfinished
frame or receiver" is defined as 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 265.01 of the penal law by adding two new
subdivisions 9 and 10. Subdivision 9 criminalizes the possession of a
major component of a firearm, rifle or shotgun by a person prohibited
from possessing such pursuant to this article, 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.

Subdivision 10 criminalizes the possession of an unfinished frame or
receiver by anyone other than a person required to be a licensed
gunsmith. A person shall not be guilty under this subdivision if within
six months of the effective date of this subdivision such person: (a)
voluntarily surrenders such unfinished frame or receiver to any law
enforcement official designated pursuant to subparagraph (f) of para-
graph one of subdivision (a) of section 265.20 of this article; or (b)
possesses such unfinished frame or receiver prior to sterilization of
such unfinished frame or receiver 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 thereto, except for antique firearms as
defined ins subdivision fourteen of section 265.00 of this article, as
added by chapter nine hundred eighty-six of the laws of nineteen hundred
seventy-four, or any firearm, rifle or shotgun manufactured prior to
nineteen hundred sixty-eight.  Criminal possession of a weapon in the
fourth degree is a class A misdemeanor.


Section 4 amends the penal law to add two new sections 265.63 and
265.64. These sections create the crimes of criminal sale of an unfin-
ished frame or receiver in the first and second degree. A person is
guilty of the criminal sale of an unfinished frame or receiver in the
second degree when, knowing it is an unfinished frame or receiver, such
person unlawfully sells, exchanges, gives or disposes of an unfinished
frame or receiver, provided that for a period of six months after the
effective date of this section, a person shall not be guilty of criminal
sale of an unfinished frame or receiver in the second degree if such
person: (a) 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; or
(b) sells, exchanges, gives, or disposes of such unfinished frame or
receiver to a gunsmith licensed pursuant to section 400.00 of this chap-
ter.  Criminal sale of an unfinished frame or receiver in the second
degree is a class E felony.

A person is guilty of the criminal sale of an unfinished frame or
receiver in the first degree when, knowing them to be unfinished frames
or receivers, such person unlawfully 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, provided that for a period of six months after
the effective date of this section, a person shall not be guilty of
criminal sale of an unfinished frame or receiver in the first degree if
such person: (a) voluntarily surrenders such unfinished frames or
receivers to any law enforcement official designated pursuant to subpar-
agraph (f) of paragraph one of subdivision (a) of section 265.20 of this
article; or (b) sells, exchanges, gives, or disposes of such unfinished
frames or receivers to a gunsmith licensed pursuant to section 400.00 of
this chapter.  Criminal sale of an unfinished frame or receiver in the
first degree is a class D felony.

Section 5 is a severability clause

Section 6 sets for 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, a geography teacher and cross country
coach 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 loopholes 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 to 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.

 
PRIOR LEGISLATIVE HISTORY:

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

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become
law.

2021-S13A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   13--A
     Cal. No. 311
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, HOYLMAN, BIAGGI, BROOKS, COONEY, GAUGHRAN,
   GOUNARDES, JACKSON, KAVANAGH, LIU, MAY, STAVISKY, THOMAS -- 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  --  reported favorably from said committee,
   ordered to a third reading, passed by  Senate  and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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 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  BECOMING  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 MATERIAL THAT HAS HAD  ITS  SIZE
 OR EXTERNAL SHAPE ALTERED TO FACILITATE TRANSPORTATION OR STORAGE OR HAS
 HAD ITS CHEMICAL COMPOSITION ALTERED.
   §  3.  Section  265.01  of  the penal law is amended by adding two new
 subdivisions 9 and 10 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03225-03-1

 S. 13--A                            2
 
   (9) 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; OR
   (10) SUCH PERSON IS NOT REQUIRED TO BE A GUNSMITH LICENSED PURSUANT TO
 SECTION 400.00 OF THIS CHAPTER AND, KNOWING IT IS AN UNFINISHED FRAME OR
 RECEIVER,  SUCH  PERSON  POSSESSES  AN  UNFINISHED  FRAME  OR  RECEIVER,
 PROVIDED THAT FOR A PERIOD OF SIX MONTHS AFTER  THE  EFFECTIVE  DATE  OF
 THIS  SUBDIVISION,  A  PERSON SHALL NOT BE GUILTY UNDER THIS SUBDIVISION
 WHEN SUCH PERSON:  (A) VOLUNTARILY SURRENDERS SUCH UNFINISHED  FRAME  OR
 RECEIVER TO ANY LAW ENFORCEMENT OFFICIAL DESIGNATED PURSUANT TO SUBPARA-
 GRAPH  (F) OF PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION 265.20 OF THIS
 ARTICLE; OR (B) POSSESSES SUCH UNFINISHED FRAME  OR  RECEIVER  PRIOR  TO
 SERIALIZATION  OF  SUCH  UNFINISHED FRAME OR RECEIVER IN ACCORDANCE WITH
 THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS AND LICENSED  MANUFACTUR-
 ERS  PURSUANT TO SUBSECTION (I) OF SECTION 923 OF TITLE 18 OF THE UNITED
 STATES CODE AND REGULATIONS ISSUED PURSUANT THERETO, EXCEPT FOR  ANTIQUE
 FIREARMS  AS  DEFINED  IN SUBDIVISION FOURTEEN OF SECTION 265.00 OF THIS
 ARTICLE,  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.  The  penal law is amended by adding two new sections 265.63 and
 265.64 to read as follows:
 § 265.63 CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE  SECOND
            DEGREE.
   A PERSON IS GUILTY OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER
 IN  THE SECOND DEGREE WHEN, KNOWING IT IS AN UNFINISHED FRAME OR RECEIV-
 ER, SUCH PERSON UNLAWFULLY SELLS, EXCHANGES, GIVES  OR  DISPOSES  OF  AN
 UNFINISHED  FRAME  OR RECEIVER, PROVIDED THAT FOR A PERIOD OF SIX MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, A PERSON SHALL NOT  BE  GUILTY
 OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE SECOND DEGREE
 IF  SUCH  PERSON:    (A) VOLUNTARILY SURRENDERS SUCH UNFINISHED FRAME OR
 RECEIVER TO ANY LAW ENFORCEMENT OFFICIAL DESIGNATED PURSUANT TO SUBPARA-
 GRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION 265.20 OF  THIS
 ARTICLE;  OR (B) SELLS, EXCHANGES, GIVES, OR DISPOSES OF SUCH UNFINISHED
 FRAME OR RECEIVER TO A GUNSMITH LICENSED PURSUANT TO SECTION  400.00  OF
 THIS CHAPTER.
   CRIMINAL  SALE OF AN UNFINISHED FRAME OR RECEIVER IN THE SECOND DEGREE
 IS A CLASS E FELONY.
 § 265.64 CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER IN  THE  FIRST
            DEGREE.
   A PERSON IS GUILTY OF CRIMINAL SALE OF AN UNFINISHED FRAME OR RECEIVER
 IN  THE FIRST DEGREE WHEN, KNOWING THEY ARE UNFINISHED FRAMES OR RECEIV-
 ERS, SUCH PERSON UNLAWFULLY 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, PROVIDED THAT FOR A PERIOD OF SIX MONTHS  AFTER  THE
 EFFECTIVE DATE OF THIS SECTION, A PERSON SHALL NOT BE GUILTY OF CRIMINAL
 SALE  OF  AN  UNFINISHED  FRAME  OR RECEIVER IN THE FIRST DEGREE IF SUCH
 PERSON:  (A) 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;
 OR  (B) SELLS, EXCHANGES, GIVES OR DISPOSES OF SUCH UNFINISHED FRAMES OR

 S. 13--A                            3
 
 RECEIVERS TO A GUNSMITH LICENSED PURSUANT  TO  SECTION  400.00  OF  THIS
 CHAPTER.
   CRIMINAL  SALE  OF AN UNFINISHED FRAME OR RECEIVER IN THE FIRST DEGREE
 IS A CLASS D FELONY.
   § 5. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment  shall not affect, impair or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence, paragraph, section or part thereof directly  involved  in  the
 controversy in which such judgment shall have been rendered.
   § 6. 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 S13A

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Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2021-S13 - Details

2021-S13 - Summary

2021-S13 - Sponsor Memo

2021-S13 - Bill Text download pdf

co-Sponsors

2021-S13A (ACTIVE) - Details

2021-S13A (ACTIVE) - Summary

2021-S13A (ACTIVE) - Sponsor Memo

2021-S13A (ACTIVE) - Bill Text download pdf

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