S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7489
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to the regulation of three-dimensional printed firearms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 265.10 of the penal law, as  sepa-
 rately  amended  by  chapters  34,  130  and 146 of the laws of 2019, is
 amended and a new subdivision 10 is added to read as follows:
   1. Any person who manufactures or causes to be manufactured, INCLUDING
 BUT NOT LIMITED TO USING A THREE-DIMENSIONAL PRINTER TO  MANUFACTURE  OR
 CAUSE TO BE MANUFACTURED, any machine-gun, assault weapon, large capaci-
 ty  ammunition  feeding device, GHOST GUN, UNFINISHED FRAME OR RECEIVER,
 FIREARM SILENCER, MAGAZINE, OR MAJOR COMPONENT OF A  FIREARM,  RIFLE  OR
 SHOTGUN  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 manufactures 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.
   10.  ANY  PERSON WHO INTENTIONALLY SELLS, DISTRIBUTES, OR DISPOSES OF,
 BY ANY MEANS, INCLUDING VIA THE INTERNET, DIGITAL  INSTRUCTIONS  IN  THE
 FORM  OF  COMPUTER-AIDED  DESIGN  FILES,  STANDARD TRIANGLE/TESSELLATION
 LANGUAGE FILES, OR OTHER CODE  OR  INSTRUCTIONS  THAT  MAY  BE  USED  TO
 PROGRAM  A  THREE-DIMENSIONAL  PRINTER  TO  MANUFACTURE  OR  PRODUCE ANY
 MACHINE-GUN, ASSAULT WEAPON, LARGE CAPACITY AMMUNITION  FEEDING  DEVICE,
 DISGUISED  GUN, GHOST GUN, UNFINISHED FRAME OR RECEIVER, FIREARM SILENC-
 ER, MAGAZINE, OR MAJOR COMPONENT OF A FIREARM, RIFLE OR SHOTGUN IS GUIL-
 TY OF A CLASS A MISDEMEANOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11376-01-3
 A. 7489                             2
              

 
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 36 to read as follows:
   36.  "THREE-DIMENSIONAL  PRINTER"  MEANS A COMPUTER OR COMPUTER-DRIVEN
 MACHINE OR DEVICE CAPABLE OF PRODUCING A THREE-DIMENSIONAL OBJECT FROM A
 DIGITAL MODEL.
   § 3. Subdivision 8 of section 700.05 of the criminal procedure law  is
 amended by adding a new paragraph (w) to read as follows:
   (W)  MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACEMENT OF WEAPONS AND
 DANGEROUS INSTRUMENTS AND APPLIANCES AS PROVIDED IN SUBDIVISION  TEN  OF
 SECTION 265.10 OF THE PENAL LAW.
   § 4. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.