NY State Senate Bill 2023-S9225

Archive: Last 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2024	referred to codes

co-Sponsors

2023-S9225 (ACTIVE) - Details

See Assembly Version of this Bill:: A10194
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.02, 265.10 & 265.20, Pen L
Versions Introduced in 2025-2026 Legislative Session:: S399, A199

2023-S9225 (ACTIVE) - Summary

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

2023-S9225 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9225

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the  penal law, in relation to the regulation of pistol
converters and convertible pistols

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 265.00 of the penal law, which
defines "Machine-gun" and adds two new subdivisions 36 and 37 to that
section to define the following terms: "Pistol converter", and "Convert-
ible pistol".

Section 2 amends subdivision 10 of section 265.02 of the penal law, as
added by Chapter 1 of the laws of 2013 by adding a new subdivision 11
that criminalizes the possession of any pistol converter.

Section 3 amends subdivisions 1 and 2 of section 265.10 of the penal law
as separately amended by chapters 34, 130, and 146 of the laws of 2019,
which state the various criminal charges for manufacturing and transpor-
tation of respective illegal weapons and components, to include pistol

converters and adds a new subdivision 10 which states criminal charges
for disposing of transporting or shipping as merchandise a convertible
pistol.

Section 4 amends section 265.20 of the penal law, which lists applicable
exemptions to weapons offenses, by adding a new subdivision f, which
states the specified parties to whom a person, dealer, firm, partner-
ship, or corporation may legally dispose of a convertible pistol,
despite the prohibition created in Section 3, such as persons in mili-
tary service at both federal and state levels, police officers, peace
officers, government defense contractors fulfilling their agreements,
and licensed gunsmiths and dealers in firearms.

Section 5 provides for the effective date.

 
JUSTIFICATION:

Pistol converters, a type of auto-sear commonly known as a "Glock
Switch", pose a rising significant threat to public safety because they
can be and increasingly have been used to quickly and easily convert
semi-automatic pistols into fully automatic machine guns, bypass current
prohibitions against the manufacture, sale, and possession of machine
guns in the state of New York and on a Federal level. These pistol
converters are known as "Glock Switches" because the design of Glock
pistols - and other pistols that replicate those designs -- makes them
uniquely susceptible to this type of illegal conversion. Pistol convert-
ers are not compatible with and cannot convert any other major manufac-
turers' semi-automatic pistols into a machine-gun. Only Glocks and Glock
copycat weapons can be converted in this manner.

Because of their small size and simple design, pistol converters are
often obtained illegally through overseas channels and can also be manu-
factured through the use of 3D printing. These pistol converters and a
screwdriver are all a person needs to transform single-fire, semi-auto-
matic pistols into illegal, fully automatic weapons, dramatically

increasing their lethality and enabling them to fire continuously with a
single pull of the trigger, at rates of up to 1,200 rounds per minute.

The current gun violence crisis facing the nation has worsened as the
illegal manufacture, sale, and possession of pistol converters and easy
conversion of convertible pistols into machine guns have become more
frequent. The ATF recently announced in January 2024 that they have
recovered more than 31,000 machine gun conversion devices, including
Glock switches, over the past five years - a drastic increase compared
to previous time periods. Numerous violent crimes have been perpetrated
with illegally modified handguns equipped with pistol converters, with
notable occurrences in a mass shooting in Sacramento that killed 6
people and injured 12 others where one of the gunmen involved converted
a pistol with the use of a pistol converter (2022).

Within the State of New York, these "Clock switches" have been uncovered
in multiple police investigations in areas such as Poughkeepsie, Suffolk
County, Syracuse, Buffalo, Troy, Brooklyn, Tuckahoe, and Queens. This
includes a horrific 2022 incident where a man shot and killed a father
visiting his son at Marist College in the lobby of a hotel in an unpro-
voked attack using a Glock pistol equipped with a switch. As the market
for these illegal devices grows, so do the public safety concerns as
these illegal devices place communities at risk of heightened gun
violence. Despite this rising danger-and despite knowing that the design
of its pistols makes these easy conversions possible-manufacturers of
convertible pistols have taken no action to fix this problem and prevent
the easy conversion of their pistols into machine guns.

This bill will hold firearm companies that produce convertible pistols
accountable for their failure to address this problem and the dangers it
poses to New York State. It is intended to incentivize them to take
steps to update their design to prevent the continued misuse of their
products. By restricting sales of convertible pistols in New York, the
bill will create a financial incentive for these companies to change the
designs of their products so they can no longer be easily converted into
a machine gun simply by the installation of a pistol converter.

The bill would not place any new restrictions on convertible pistols
that have previously been sold in New York or those currently lawfully
possessed by New Yorkers. These pistols would remain lawful to possess
and carry throughout the state by those licensed to do so.  Only future
sales and transfers of convertible pistols would be prohibited, subject
to the numerous exceptions in the bill. Only companies that manufacture
and sell convertible pistols-namely Glock and makers of copycat weapons
that duplicate the designs that make Glock pistols uniquely susceptible
to easy conversion into machine guns--would be impacted by the new
prohibition. Other than Glock and those who duplicate its designs, no
other major manufacturer produces semi-automatic pistols that can be
converted into machine guns solely by the installation of a pistol
converter.

If makers of convertible pistols adapt their designs to ensure they
cannot be converted into machine guns simply by installing a pistol
converter, they will no longer be subject to the sale prohibition.
Regardless of when and whether makers of convertible pistols update
their designs, all other major manufacturers' semi-automatic pistols
will remain legal to sell in New York.

The bill will also create a new definition of the pistol converters that
make these simple conversions possible-and which are already prohibited
under New York and Federal law-and reclassify them in New York code.
These changes would align the criminal penalties for manufacturing,
transporting, and possessing these dangerous accessories so that they
are treated identically to machine-guns, as is currently the case under
federal law.

Finally, the bill will update the definition of 'machine-gun' to ensure
that any convertible pistol, when equipped with a pistol converter, is a
machine gun under state law.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:ò
This act shall take effect on the thirtieth day after it shall have
become a law.

2023-S9225 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9225
 
                             I N  S E N A T E
 
                                May 7, 2024
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed 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
 S. 9225                             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.

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.

thomas_quinion

Do you support this bill?

Get Status Alerts for 2023-S9225

Senate Bill S9225

Share this bill

Sponsored By

Zellnor Myrie