Assembly Bill A10194

2023-2024 Legislative Session

Regulates pistol converters and convertible pistols

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • 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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2023-A10194 (ACTIVE) - Details

See Senate Version of this Bill:
S9225
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.02, 265.10 & 265.20, Pen L

2023-A10194 (ACTIVE) - Summary

Makes it illegal for certain persons to possess or sell a pistol converter or a converted pistol.

2023-A10194 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10194
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the  penal law, in relation to the regulation of  pistol
   converters and convertible pistols
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 265.00 of the penal law is amended
 and two new subdivisions 36 and 37 are added to read as follows:
   1. "Machine-gun" means a weapon of any  description,  irrespective  of
 size, by whatever name known, loaded or unloaded, from which a number of
 shots or bullets may be rapidly or automatically discharged from a maga-
 zine  with one continuous pull of the trigger and includes a sub-machine
 gun, AND ALSO INCLUDES ANY CONVERTIBLE PISTOL THAT IS  EQUIPPED  WITH  A
 PISTOL CONVERTER.
   36.  "PISTOL  CONVERTER"  MEANS  ANY  DEVICE  OR  INSTRUMENT THAT WHEN
 INSTALLED IN OR ATTACHED TO THE SLIDE OF A SEMI-AUTOMATIC PISTOL  INTER-
 FERES  WITH  THE  TRIGGER  MECHANISM  AND  THEREBY ENABLES THE PISTOL TO
 DISCHARGE A NUMBER OF SHOTS OR BULLETS RAPIDLY OR AUTOMATICALLY WITH ONE
 CONTINUOUS PULL OF THE TRIGGER.
   37. "CONVERTIBLE PISTOL" MEANS ANY SEMI-AUTOMATIC PISTOL THAT  CAN  BE
 CONVERTED INTO A MACHINE-GUN SOLELY BY THE INSTALLATION OR ATTACHMENT OF
 A PISTOL CONVERTER.
   §  2.  Subdivision  10 of section 265.02 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended and a new  subdivision  11  is
 added to read as follows:
   (10)  Such  person  possesses an unloaded firearm and also commits any
 violent felony offense as defined in subdivision one of section 70.02 of
 this chapter as part of the same criminal transaction[.]; OR
   (11) SUCH PERSON KNOWINGLY POSSESSES ANY PISTOL CONVERTER.
   § 3. Subdivisions 1 and 2 of section 265.10 of the penal law, as sepa-
 rately amended by chapters 34, 130, and 146 of the  laws  of  2019,  are
 amended and a new subdivision 10 is added to read as follows:
   1.  Any  person  who  manufactures  or  causes  to be manufactured any
 machine-gun, PISTOL CONVERTER, assault weapon, large capacity ammunition
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

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William__Buskey
1 week ago

This bill is unconstitutional on its face (see Caetano v Massachusetts, Heller v Washington DC & NYSR&PA v Bruen). This bill goes after the most common type of pistol (semi-automatic) and the most common manufacturer of semi-auto pistols (Glock) which are used for legal purposes. It's already against the law to convert a semi-auto firearm to full auto and it also already against the law to possess any part to make such a conversion. This bill is redundant to those laws. This bill will have a much more negative effect on lawful pistol owners than it will on career criminals who ignore all gun laws. Rather than propose or pass a bill that targets lawful gun owners, how about enforce existing laws and put career criminals behind bars rather than release them without bond to continue their assault on decent citizens.

Jared_Carpentier
1 week ago

This is explicitly unconstitutional in light of Bruen, Heller, and Caetano - the authors do not even attempt to justify this bill as constitutional (not that they could), even though that is their burden.

I am a registered democrat in NYS; go have your staffers check. It's these bills that have made me say: no more. The legislators and governor in this state do not care about our rights and do not even try to uphold their oaths to the constitution. They are sellouts to Bloomberg and his billionaire friends attempting to destroy our rights by disarming us.

Never again will I vote for a Democrat after these last few years of tyrannical legislation. This is extremely offensive to any law abiding citizen that understands the way government is supposed to function and that these legislators are supposed to work to protect our rights, not destroy them.

Matthew_DeFazio
3 days ago

I am writing to you to express my strong opposition to this bill, and it's implications to ban semi-auto pistols that easily convert to automatic fire (allegedly). As I am sure that you are aware, since in or around 1986, it has been a federal crime to manufacture/register new machine guns in the U.S. New York state also has similar laws regulating the use of machine guns. Given that it is already illegal to produce devices that convert semi-auto pistols like a Glock Pistol into a machine gun, I fail to see how banning all such pistols that can easily accept those devices (allegedly) is a solution in keeping with the second amendment, as applied to the states via the fourteenth amendment. Advocates of gun control always state that these laws are made to keep the people safer, and yet here we are proposing another law because the existing gun laws have not lived up to the promise to protect us at the costs of our rights. If gun control works so well, and laws against devices from converting pistols into machine guns already exist, then why do we need to ban an entire class of pistols. Perhaps we should be enforcing existing laws, not letting criminals get off easy so that they can be released and kill police officers like Jonathan Diller and so many other innocents. We need to design laws that punish criminals, and we need to strictly enforce them. We do not need laws that target honest, law abiding citizens that have done nothing wrong. This legislation serves only to burden law abiding gun owners such as myself, who have already jumped through significant hoops to secure pistol permits via extensive background checks and other requirements. Additionally, this legislation will fail constitutional challenges. I cannot imagine any argument that semi-auto pistols are not in common use for lawful purposes, including but not limited to self-defense. I cannot see how it would survive a Bruen analysis. This proposed law is set up to fail. It is an insult to the bill of rights, and the people of New York State. I ask that you stand up for the rights of your constituents, and oppose this heinous bill.

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