NY State Senate Bill 2023-S7365A

Current Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2024	print number 7365a
May 01, 2024	amend (t) and recommit to codes
Jan 03, 2024	referred to codes
May 22, 2023	referred to codes

Bill Amendments

Original

A (Active)

2023-S7365 - Details

See Assembly Version of this Bill:: A10053
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.00, Pen L; amd §898-a, Gen Bus L

2023-S7365 - Summary

Requires reasonable controls and procedures to be taken with respect to the sale, manufacturing, importing and marketing of pistol converters.

2023-S7365 - Sponsor Memo

                                 
BILL NUMBER: S7365

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the penal law and the general business law, in relation
to rapid fire modification devices

 
PURPOSE:

To add common conversion devices to the definition of rapid-fire modifi-
cation devices for the purposes of firearm offenses and to require
firearm sellers to take reasonable precautions to prevent the installa-
tion or use of such devices.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 265.00 of the penal law to add
auto-sears and forced reset triggers to the list of devices included in
"rapid-fire modification device"

Section 2 of the bill adds new subdivisions 36 and 37 to section 265.00

of the penal law to define auto-sear and forced reset trigger

Section 3 of the bill amends section 898-a of the general business law
to require firearm sellers to take reasonable steps to prevent the
installation or use of a rapid-fire modification device on qualified
products, and includes antique firearms, ammunition, and component parts
of firearms or ammunitions in the definition of qualified product.

 
JUSTIFICATION:

In recent years machine gun conversion devices---which can transform an
ordinary pistol into an automatic weapon by allowing it to fire as many
as 15 rounds in under two seconds---have proliferated across the coun-
try. A 2023 report by the federal Bureau of Alcohol, Tobacco, Firearms
and Explosives revealed that the recovery of such devices by the agency
has increased 570 percent, with 5,454 such devices seized from 2017 to
2021 alone.

Auto-sears, the most common of these devices, can cost less than twenty
dollars online, and only cents when 3-D printed. Forced reset triggers
accelerate the rate of fire of semi-automatic firearms.

This bill would clarify that auto-sears and forced reset triggers, even
when sold separately from a firearm are rapid-fire modification devices
under New York law and would require firearm sellers in New York state
to take reasonable steps to prevent their use and installation. It would
ensure that New York law reflects the concerning trend toward automation
of guns and require those distributing guns in New York state to be
diligent about preventing their installation and use where possible.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7365 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7365
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law and the general business law, in  relation
   to rapid fire modification devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 26, 29, 30, 32 and 32 of section 265.00 of the
 penal law, subdivisions 26, 29 and 30 as added by  chapter  130  of  the
 laws  of  2019,  subdivision  32 as amended by chapter 94 of the laws of
 2022 and subdivision 32 as added by chapter 520 of the laws of 2021, are
 amended to read as follows:
   26. "Rapid-fire modification device" means  any  bump  stock,  trigger
 crank,  binary  trigger  system, burst trigger system, AUTO-SEAR, FORCED
 RESET TRIGGER, or any other device that is designed  to  accelerate  the
 rate of fire of a semi-automatic firearm, rifle or shotgun.
   29.  "Binary  trigger system" means any device that, when installed in
 or attached to a semi-automatic firearm rifle, or shotgun,  causes  that
 weapon  to fire once when the trigger is pulled and again when the trig-
 ger is released.
   30. "Burst trigger system" means any device that, when installed in or
 attached to a semi-automatic firearm,  rifle,  or  [shot  gun]  SHOTGUN,
 allows  that  weapon  to  discharge two or more shots with a single pull
 [or] OF the trigger by altering the trigger reset.
   32. (A) "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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11326-02-3
 S. 7365                             2

   [32.]  (B) "Ghost gun" means a firearm, rifle or shotgun that does not
 comply with the provisions of section 265.07 of this article and is  not
 serialized.
   §  2.    Section  265.00 of the penal law is amended by adding two new
 subdivisions 36 and 37 to read as follows:
   36. "AUTO-SEAR" MEANS A DEVICE THAT DISRUPTS  THE  TRIGGER  BAR  OF  A
 SEMI-AUTOMATIC  FIREARM,  RIFLE, OR SHOTGUN FROM PERFORMING THE FUNCTION
 OF LIMITING THAT WEAPON TO FIRING ONLY ONE ROUND EACH TIME  THE  TRIGGER
 IS PULLED.
   37. "FORCED RESET TRIGGER" MEANS ANY DEVICE THAT, WHEN INSTALLED IN OR
 ATTACHED  TO  A  SEMI-AUTOMATIC  FIREARM, RIFLE, OR SHOTGUN, ALLOWS THAT
 WEAPON TO AUTOMATICALLY EXPEL MORE THAN ONE SHOT WITH A SINGLE,  CONTIN-
 UOUS PULL OF THE TRIGGER.
   §  3.  Subdivisions  2  and 6 of section 898-a of the general business
 law, as added by chapter 237 of the laws of 2021, are amended to read as
 follows:
   2. "Reasonable controls  and  procedures"  shall  mean  policies  that
 include,  but  are  not limited to: (a) instituting screening, security,
 inventory and other business practices to prevent  thefts  of  qualified
 products  as  well  as  sales of qualified products to straw purchasers,
 traffickers, persons prohibited from possessing firearms under state  or
 federal  law, or persons at risk of injuring themselves or others; [and]
 (b) preventing deceptive acts and practices and  false  advertising  and
 otherwise   ensuring   compliance   with   all   provisions  of  article
 twenty-two-A of this chapter; AND (C) TAKING REASONABLE STEPS TO PREVENT
 THE INSTALLATION OR USE OF A RAPID-FIRE MODIFICATION DEVICE, AS  DEFINED
 IN SECTION 265.00 OF THE PENAL LAW, ON QUALIFIED PRODUCTS.
   6.  "Qualified  product" shall [have the same meaning as defined in 15
 U.S.C. section 7903(4)] MEAN A FIREARM (AS DEFINED IN  SUBPARAGRAPH  (A)
 OR  (B)  OF  18  U.S.C.  § 921(A)(3)), INCLUDING ANY ANTIQUE FIREARM (AS
 DEFINED IN 18 U.S.C. § 921(A)(16)), OR  AMMUNITION  (AS  DEFINED  IN  18
 U.S.C. § 921(A)(17)(A)), OR A COMPONENT PART OF A FIREARM OR AMMUNITION.
   §  4. This act shall take effect immediately.

co-Sponsors

2023-S7365A (ACTIVE) - Details

See Assembly Version of this Bill:: A10053
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.00, Pen L; amd §898-a, Gen Bus L

2023-S7365A (ACTIVE) - Summary

Requires reasonable controls and procedures to be taken with respect to the sale, manufacturing, importing and marketing of pistol converters.

2023-S7365A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7365A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the penal law and the general business law, in relation
to pistol converters

 
PURPOSE:

To add common conversion devices to the definition of rapid-fire modifi-
cation devices for the purposes of firearm offenses and to require
firearm sellers to take reasonable precautions to prevent the installa-
tion or use of such devices.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 265.00 of the penal law to add the
definition of pistol converter.

Section 2 of the bill amends section 898-a of the general business law
to require firearm sellers to take reasonable steps to prevent the

installation and use of a rapid-fire modification device on qualified
products, and includes antique firearms, ammunition, and component parts
of firearms or ammunitions in the definition of qualified product.

 
JUSTIFICATION:

In recent years machine gun conversion devices---which can transform an
ordinary pistol into an automatic weapon by allowing it to fire as many
as 15 rounds in under two seconds---have proliferated across the coun-
try. A 2023 report by the federal Bureau of Alcohol, Tobacco, Firearms
and Explosives revealed that the recovery of such devices by the agency
has increased 570 percent, with 5,454 such devices seized from 2017 to
2021 alone.

This bill would clarify that pistol converters, even when sold separate-
ly from a firearm are rapid-fire modification devices under New York law
and would require firearm sellers in New York state to take reasonable
steps to prevent their use and installation. It would ensure that New
York law reflects the concerning trend toward automation of guns and
require those distributing guns in New York state to be diligent about
preventing their installation and use where possible.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7365A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7365--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes --  recommitted
   to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT to amend the penal law and the general business law, in relation
   to pistol converters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 265.00 of the penal law is amended by adding a new
 subdivision 36 to read as follows:
   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.
   §  2.  Subdivisions  2  and 6 of section 898-a of the general business
 law, as added by chapter 237 of the laws of 2021, are amended to read as
 follows:
   2. "Reasonable controls  and  procedures"  shall  mean  policies  that
 include,  but  are  not limited to: (a) instituting screening, security,
 inventory and other business practices to prevent  thefts  of  qualified
 products  as  well  as  sales of qualified products to straw purchasers,
 traffickers, persons prohibited from possessing firearms under state  or
 federal  law, or persons at risk of injuring themselves or others; [and]
 (b) preventing deceptive acts and practices and  false  advertising  and
 otherwise   ensuring   compliance   with   all   provisions  of  article
 twenty-two-A of this chapter; AND (C) TAKING REASONABLE STEPS TO PREVENT
 THE INSTALLATION AND USE OF A PISTOL CONVERTER, AS  DEFINED  IN  SECTION
 265.00 OF THE PENAL LAW, ON QUALIFIED PRODUCTS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11326-03-4
 S. 7365--A                          2

 
   6.  "Qualified  product" shall [have the same meaning as defined in 15
 U.S.C. section 7903(4)] MEAN A FIREARM (AS DEFINED IN  SUBPARAGRAPH  (A)
 OR  (B)  OF  18  U.S.C.  § 921(A)(3)), INCLUDING ANY ANTIQUE FIREARM (AS
 DEFINED IN 18 U.S.C. § 921(A)(16)), OR  AMMUNITION  (AS  DEFINED  IN  18
 U.S.C. § 921(A)(17)(A)), OR A COMPONENT PART OF A FIREARM OR AMMUNITION.
   § 3. This act shall take effect immediately.

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Senate Bill S7365A

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

2023-S7365 - Details

2023-S7365 - Summary

2023-S7365 - Sponsor Memo

2023-S7365 - Bill Text download pdf

co-Sponsors

2023-S7365A (ACTIVE) - Details

2023-S7365A (ACTIVE) - Summary

2023-S7365A (ACTIVE) - Sponsor Memo

2023-S7365A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7365A

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

2023-S7365 - Details

2023-S7365 - Summary

2023-S7365 - Sponsor Memo

2023-S7365 - Bill Text download pdf

co-Sponsors

Cordell Cleare

Robert Jackson

James Skoufis

2023-S7365A (ACTIVE) - Details

2023-S7365A (ACTIVE) - Summary

2023-S7365A (ACTIVE) - Sponsor Memo

2023-S7365A (ACTIVE) - Bill Text download pdf

Comments