S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8741
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to possession or sale of
   unserialized frames or receivers; and to amend a chapter of  the  laws
   of  2021  amending  the  penal  law relating to enacting the "Scott J.
   Beigel unfinished receiver act" in relation to  unfinished  frames  or
   receivers,  as  proposed  in  legislative bills numbers S. 13-A and A.
   2666-A, in relation to the effectiveness of such chapter
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 32 of section 265.00 of the penal law, as added
 by  a  chapter  of  the  laws of 2021 amending the penal law relating to
 enacting the "Scott J. Beigel unfinished receiver act"  in  relation  to
 unfinished frames or receivers, as proposed in legislative bills numbers
 S. 13-A and A. 2666-A, is amended to read as follows:
   32.  "Unfinished  frame  or  receiver" means any UNSERIALIZED 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.]
   §  2. Subdivision 10 of section 265.01 of the penal law, as added by a
 chapter of the laws of 2021 amending the penal law relating to  enacting
 the  "Scott J. Beigel unfinished receiver act" in relation to unfinished
 frames or receivers, as proposed in legislative bills  numbers  S.  13-A
 and A. 2666-A, is amended to read as follows:
   (10)  Such  person  is  not  [required to be a gunsmith] licensed AS A
 GUNSMITH OR DEALER IN FIREARMS pursuant to section 400.00 of this  chap-
 ter  and,  knowing it is an UNSERIALIZED FRAME OR RECEIVER OR unfinished
 frame or receiver,  such  person  possesses  an  UNSERIALIZED  FRAME  OR
 RECEIVER  OR unfinished frame or receiver, provided that for a period of
 six months after the effective date of this subdivision, a person  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03225-04-2
 A. 8741                             2
 
 not  be guilty under this subdivision when such person:  (a) voluntarily
 surrenders such UNSERIALIZED FRAME OR RECEIVER OR  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 UNSERIALIZED FRAME OR RECEIVER OR  unfin-
 ished  frame  or  receiver  prior  to serialization of such UNSERIALIZED
 FRAME OR RECEIVER OR 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  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.
   §  3. Sections 265.63 and 265.64 of the penal law, as added by a chap-
 ter of the laws of 2021 amending the penal law relating to enacting  the
 "Scott  J.  Beigel  unfinished  receiver  act" in relation to unfinished
 frames or receivers, as proposed in legislative bills  numbers  S.  13-A
 and A. 2666-A, are amended to read as follows:
 § 265.63 Criminal  sale  of  [an  unfinished] A frame or receiver in the
            second degree.
   A person is guilty of criminal sale of  [an  unfinished]  A  frame  or
 receiver  in the second degree when, knowing it is an UNSERIALIZED FRAME
 OR RECEIVER OR AN unfinished frame or receiver, such  person  unlawfully
 sells,  exchanges,  gives or disposes of [an] SUCH UNSERIALIZED FRAME OR
 RECEIVER OR 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] A frame or receiver in the
 second degree if such person:  (a) voluntarily surrenders  such  [unfin-
 ished] UNSERIALIZED frame or receiver OR 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 UNSERIALIZED FRAME OR
 RECEIVER OR unfinished frame or receiver to a gunsmith licensed pursuant
 to section 400.00 of this chapter.
   Criminal sale of [an unfinished] A frame or  receiver  in  the  second
 degree is a class E felony.
 § 265.64 Criminal  sale  of  [an  unfinished] A frame or receiver in the
            first degree.
   A person is guilty of criminal sale of  [an  unfinished]  A  frame  or
 receiver  in the first degree when, knowing they are UNSERIALIZED FRAMES
 OR RECEIVERS OR unfinished frames or receivers, such  person  unlawfully
 sells,  exchanges, gives or disposes of a total of ten or more UNSERIAL-
 IZED FRAMES OR RECEIVERS OR 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] A frame or receiver in the first
 degree if such person:   (a) voluntarily  surrenders  such  UNSERIALIZED
 FRAMES  OR  RECEIVERS  OR  unfinished  frames  or  receivers  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)
 sells, exchanges, gives or  disposes  of  such  UNSERIALIZED  FRAMES  OR
 RECEIVERS  OR  unfinished  frames  or  receivers  to a gunsmith licensed
 pursuant to section 400.00 of this chapter.
   Criminal sale of [an unfinished] A frame  or  receiver  in  the  first
 degree is a class D felony.
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   §  4.  Section  6 of a chapter of the laws of 2021, amending the penal
 law relating to enacting the "Scott J. Beigel unfinished  receiver  act"
 in  relation  to unfinished frames or receivers, as proposed in legisla-
 tive bills numbers S. 13-A and A. 2666-A, is amended to read as follows:
   §  6. This act shall take effect on the one hundred [twentieth] EIGHT-
 IETH day after it shall have become a law.  Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.
   §  5.  This act shall take effect immediately; provided, however, that
 sections one, two and three of this act shall take effect  on  the  same
 date  and  in  the same manner as a chapter of the laws of 2021 amending
 the penal law relating to  enacting  the  "Scott  J.  Beigel  unfinished
 receiver act" in relation to unfinished frames or receivers, as proposed
 in legislative bills numbers S. 13-A and A. 2666-A, takes effect.