Assembly Bill A9517

2023-2024 Legislative Session

Relates to the criminal possession of a ghost gun; repealer

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-A9517 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Rpld §265.01 sub 9, amd §265.03, Pen L

2023-A9517 (ACTIVE) - Summary

Relates to the criminal possession of a ghost gun; makes such possession a class C felony unless you are a licensed gunsmith or dealer in firearms with intent to manufacture and/or distribute such firearms; requires educational materials shall be provided for no less than 2 years after the effective date of such provisions.

2023-A9517 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9517
 
                           I N  A S S E M B L Y
 
                              March 20, 2024
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the penal law, in relation to criminal possession of a
   ghost gun; and repealing certain provisions of such law relating ther-
   eto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 265.03 of the penal law, as amended by chapter 742
 and subdivisions 1 and 3 as amended by chapter 745 of the laws of  2006,
 is amended to read as follows:
 § 265.03 Criminal possession of a weapon in the second degree.
   A  person  is  guilty of criminal possession of a weapon in the second
 degree when:
   (1) with intent to use  the  same  unlawfully  against  another,  such
 person:
   (a) possesses a machine-gun; or
   (b) possesses a loaded firearm; or
   (c) possesses a disguised gun; or
   (2) such person possesses five or more firearms; or
   (3)  such  person  possesses any loaded firearm. Such possession shall
 not, except as provided in subdivision one or seven of section 265.02 of
 this article,  constitute  a  violation  of  this  subdivision  if  such
 possession takes place in such person's home or place of business[.]; OR
   (4)  SUCH PERSON IS NOT LICENSED AS A GUNSMITH OR A DEALER IN FIREARMS
 WITH INTENT TO MANUFACTURE AND/OR DISTRIBUTE SUCH FIREARMS  PURSUANT  TO
 SECTION  400.00  OF  THIS  CHAPTER  AND, KNOWING IT IS A GHOST GUN, SUCH
 PERSON POSSESSES A GHOST GUN, PROVIDED THAT A PERSON SHALL NOT BE GUILTY
 UNDER THIS SECTION WHEN HE OR SHE VOLUNTARILY SURRENDERS SUCH GHOST  GUN
 TO  ANY LAW ENFORCEMENT OFFICIAL DESIGNATED PURSUANT TO SUBPARAGRAPH (F)
 OF PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION 265.20 OF  THIS  ARTICLE.
 IN CONJUNCTION WITH THE ATTORNEY GENERAL'S OFFICE, EDUCATIONAL MATERIALS
 RELATING  TO  THIS SUBDIVISION SHALL BE MADE AVAILABLE TO THE PUBLIC FOR
 NO LESS THAN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13734-02-4

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.