Assembly Bill A10194

                             
                     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.
              

                                                            LBD15291-02-4
 A. 10194                            2
 
 feeding device or disguised gun is guilty  of  a  class  D  felony.  Any
 person  who  manufactures  or  causes  to be manufactured any rapid-fire
 modification device is guilty of a class E felony. Any person who  manu-
 factures  or  causes  to  be  manufactured  any switchblade knife, pilum
 ballistic  knife,  metal  knuckle  knife,  undetectable  knife,   billy,
 blackjack,  bludgeon,  plastic  knuckles,  metal knuckles, Kung Fu star,
 chuka stick, sandbag, sandclub or slungshot  is  guilty  of  a  class  A
 misdemeanor.
   2. Any person who transports or ships any machine-gun, PISTOL CONVERT-
 ER,  firearm silencer, assault weapon or large capacity ammunition feed-
 ing device or disguised gun, or who transports or ships  as  merchandise
 five  or  more  firearms,  is guilty of a class D felony. Any person who
 transports or ships any rapid-fire modification device is  guilty  of  a
 class  E felony.   Any person who transports or ships as merchandise any
 firearm, other than an assault weapon, switchblade knife, pilum  ballis-
 tic  knife,  undetectable  knife,  billy,  blackjack,  bludgeon, plastic
 knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag  or  slung-
 shot is guilty of a class A misdemeanor.
   10. ANY PERSON, DEALER, FIRM, PARTNERSHIP, OR CORPORATION WHO DISPOSES
 OF  OR  WHO  TRANSPORTS  OR SHIPS AS MERCHANDISE A CONVERTIBLE PISTOL IS
 GUILTY OF A CLASS D FELONY.
   § 4. Section 265.20 of the penal law is amended by adding a new subdi-
 vision f to read as follows:
   F. SUBDIVISION TEN OF SECTION 265.10 OF THIS ARTICLE SHALL  NOT  APPLY
 TO  THE  DISPOSITION OF A CONVERTIBLE PISTOL TO, NOR TO THE TRANSPORT OR
 SHIPPING AS MERCHANDISE OF A CONVERTIBLE PISTOL FOR DISPOSITION  TO  THE
 FOLLOWING:
   1.  PERSONS IN THE MILITARY SERVICE OF THE STATE OF NEW YORK WHEN DULY
 AUTHORIZED BY REGULATIONS ISSUED BY THE ADJUTANT GENERAL TO POSSESS  THE
 SAME.
   2.  POLICE  OFFICERS  AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION
 1.20 OF THE CRIMINAL PROCEDURE LAW.
   3. PEACE OFFICERS AS DEFINED BY SECTION 2.10 OF THE CRIMINAL PROCEDURE
 LAW.
   4. PERSONS IN THE MILITARY OR OTHER SERVICE OF THE UNITED  STATES,  IN
 PURSUIT  OF  OFFICIAL DUTY OR WHEN DULY AUTHORIZED BY FEDERAL LAW, REGU-
 LATION OR ORDER TO POSSESS THE SAME.
   5. PERSONS EMPLOYED IN FULFILLING DEFENSE CONTRACTS WITH  THE  GOVERN-
 MENT  OF  THE  UNITED  STATES OR AGENCIES THEREOF WHEN POSSESSION OF THE
 SAME IS NECESSARY FOR MANUFACTURE, TRANSPORT, INSTALLATION  AND  TESTING
 UNDER THE REQUIREMENTS OF SUCH CONTRACT.
   6.  PERSONS ENGAGING IN THE BUSINESS OF GUNSMITH OR DEALER IN FIREARMS
 TO WHOM A VALID LICENSE THEREFOR HAS BEEN  ISSUED  PURSUANT  TO  SECTION
 400.00 OF THIS CHAPTER.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.