NY State Senate Bill S7736

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2022	signed chap.94 delivered to governor
Feb 07, 2022	returned to senate passed assembly
Jan 20, 2022	ordered to third reading rules cal.27 substituted for a8741
Jan 19, 2022	referred to codes delivered to assembly passed senate
Jan 10, 2022	ordered to third reading cal.64
Jan 07, 2022	referred to rules

Votes

view votes

Jan 19, 2022 - floor Vote

S7736

floor

Aye

Nay

Absent

Excused

Abstained

Jan 18, 2022 - Rules committee Vote

S7736

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 10, 2022 - Rules committee Vote

S7736

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S7736 (ACTIVE) - Details

See Assembly Version of this Bill:: A8741
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.01, 265.63 & 265.64, Pen L; amd §6, Chap of 2021 (as proposed in S.13-A & A.2666-A)

S7736 (ACTIVE) - Summary

Amends the "Scott J. Beigel unfinished receiver act" relating to the sale or possession of unserialized frames or receivers.

S7736 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7736      REVISED 01/10/2022

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2021,
c.519, to clarify provisions relating to the "Scott J.  Beigel unfin-
ished receiver act" and the prohibition against unserialized frames or
receivers.

 
SUMMARY OF PROVISIONS:

This legislation makes certain clarifying changes to the underlying

chapter By specifying which provisions do and do not apply to gunsmiths
and clarifying that "unfinished frame or receiver" refers to materials
that do not bear a serial number. By defining and regulating the "unfin-
ished frame or receiver" of a firearm, this legislation would ensure
that every frame and receiver-which is the core component of every
firearm, rifle, and shotgun-is marked with a serial number and identifi-
able. The definitions clarified in this legislation are intended to
align New York law with proposed changes to federal regulations related
to "unfinished frames and receivers" (see Proposed Rule 2021R-05, 86 FR
27720). This bill also extends the effective date of the underlying
bill.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 519 of the Laws of 2021. S.13-A and
A.2666-A passed the Senate and Assembly, respectively, in June 2021.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
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 t 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.

S7736 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7736
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 7736                             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.
 S. 7736                             3

   §  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.

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The New York State Senate

senate Bill S7736

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jan 19, 2022 - floor Vote

Floor Vote: Jan 19, 2022

Jan 18, 2022 - Rules committee Vote

Rules Committee Vote: Jan 18, 2022

Jan 10, 2022 - Rules committee Vote

Rules Committee Vote: Jan 10, 2022

Co-Sponsors

S7736 (ACTIVE) - Details

S7736 (ACTIVE) - Summary

S7736 (ACTIVE) - Sponsor Memo

S7736 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7736

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Sponsored By

Anna M. Kaplan

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 19, 2022 - floor Vote

Floor Vote: Jan 19, 2022

Jan 18, 2022 - Rules committee Vote

Rules Committee Vote: Jan 18, 2022

Jan 10, 2022 - Rules committee Vote

Rules Committee Vote: Jan 10, 2022

Co-Sponsors

James Gaughran

S7736 (ACTIVE) - Details

S7736 (ACTIVE) - Summary

S7736 (ACTIVE) - Sponsor Memo

S7736 (ACTIVE) - Bill Text download pdf

Comments