Senate Bill S9225

2023-2024 Legislative Session

Regulates pistol converters and convertible pistols

download bill text pdf

Sponsored By

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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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

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

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.
              

Comments

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thomas_quinion
1 month ago

this bill does nothing to the criminals. the soft on crime policies on NY has created total chaos on our streets. all bills like this are just attempts at removing our second amendment PERIOD !!!! it's already ILLEGAL to convert a weapon to full auto !!!! anyone with common sense knows this will do nothing to stop the REAL criminals who can get whatever weapon and ammo they want to ply their trade. please get serious here with strict sentences and no plea bargains with violent crime !! thomas m quinion

bellatorious511
1 month ago

End All anti gun laws now.
When guns are outlawed, many people will become outlaws. Our governor has already spit in the face of the Bruen SCOTUS decision.
I was born and raised here and will NOT leave.
I will continue to donate money to ALL lawsuits to regain our rights.
Where I live there are ZERO gun crimes and everyone owns guns. We cannot allow the NYS government continue to disobey our nations laws.
Ironically, if WE disobeyed the SCOTUS ruling like our governor, we would be disqualified from owning firearms. Vote NO on ALL anti gun bills!!

Jared_Carpentier
1 month ago

A few things here:

1. This bill did not event attempt to address the constitutionality of the proposal in reference to DV v. Heller and NYSRPA v. Bruen, because if it did then they bill sponsor would have to admit that this is a blatant constitutional violation on surface level. This would be a ban on a whole class of semo-automatic pistols - strictly forbidden by the holding of Heller. Using the Bruen framework, anyone challenging this law must show that the item in question is an arm and in common use for lawful purposes, thereby ensuring that it is not dangerous AND unusual. Glock semi-automatic handguns are the most ubiquitous handguns available on the market and far exceed the 200,000 noted by the justices in Caetano v. Massachusetts where they evidence that as a threshold for arms in common use. Any argument for this being an answer to an unexpected technology advance is bring into question the constitutionality of the NFA and Hughes Amendment - I would love to have this address by the SC because this bill could be a nice segue into overturning that.

2. Machine guns are already banned and auto sears are already banned, so apparently just more banning now that will primarily impact law abiding citizens and not people who are predominately bringing guns in from out of state to commit crime?

3. If a criminal already has a gun (not exclusive to a glock), they would have the ability to empty a magazine in seconds still, with likely higher hit potential on multiple people that I wager would be equivalent or greater to the Glock with the switch.

3. It's just so telling from these legislators in NYC that they are tyrants bent on destroying the rights of those that disagree with them, by pushing this type of legislation that is blatantly unconstitutional.

5. I used to be a Democrat in NYS. I am still registered as a Democrat, go have your staffer, or whomever is responsible for censoring this page, take a look. I will never ever vote for another NYS Democrat after these last few years of legislators and the governor blatantly violating the rights of the law abiding, while simultaneously letting out criminals so they can re-commit crimes against people just trying to do the right thing. Disgusting state of the NYS legislature and governor.

Bernard_Misiura
1 month ago

The Honorable Sen. Sean M. Ryan,

The problem that I see with this bill is that Sen. Zellnor Myrie has misplaced anger or misplaced blame for what is going on. Clearly this demonstrates that gun control does not work. It is already illegal for people to have a machine pistol. Yet, people have them. Obviously, they cannot purchase this from an FFL gun shop, they have not gone through the background check, they are buying the guns and the switch on the black market, the only thing that this bill will do is prevent people who actually jump through all the hoops to not be able to get their handgun of choice to better be able to protect their loved ones and themselves. Perhaps, that's what he wants in the first place, which is wrong and unconstitutional. Personally I do not own a Glock I just know what is right and wrong, and he and you as one of our representatives must take additional care to understand what is right and wrong and what is against the constitution and our bill of rights. I will be closely monitoring this bill and sharing it with all the groups that I know, so that they can also be informed, and make an informed decision about who they are going to vote for in the next election. I am positive that many people I know are not thrilled with the state that our state is in and the way that it keeps trying to take away our God given rights. These rights, as our founding fathers said are inalienable, and any man that tries to take them away is a tyrant, and so is the government that backs it. We will do everything in our power to make sure the proper people get into office, to hold those truths that are self evident with the sacredness that they deserve. You have a choice, to be on the right or wrong side of history, I know the people in my circle are never going to give up, and never surrender, we are going to fight for what's right, not necessarily for ourselves because we have lived our lives, but we do have children and grandchildren that we are concerned about and what kind of country, government, and representatives we are going to be responsible for them inheriting. Consider your position on this matter very carefully.

Thank you for your time and consideration, feel free to contact me regarding this matter,

B

William__Buskey
1 month ago

This bill is blatantly unconstitutional on it's face and violates the SCOTUS rulings in Heller, Caetano & Bruen. The firearms this bill will ban are the most common type and brand of pistol in the US and are used for such legitimate uses as self-defense and recreational target shooting. We see time and time again where criminals in possession of such already illegal firearms and convertor devices are released back into our communities to commit offenses time after time. This will just catch otherwise lawful citizens into a trap, charge them with a felony, plea bargain away any jail time but make them ineligible to legally own any firearms. This is the goal of these laws, to deny otherwise lawful citizens their 2nd Amendment Rights. This bill isn't about preventing crime; you do that by putting away criminals. This is bill is about restricting freedom.

fireemt98
1 month ago

This law makes no sense. Law abiding citizens are not using switches and banning semi-automatic pistols will not stop criminals from using them. NYS has even admitted the vast majority of illegal guns in NY are not originally sold in NY. Law abiding citizens will not be able to have pistols yet all the criminals still will. Despite this NY still thinks soft on crime laws and no bail is the answer. Absolute joke, and I usually do not agree with most republican view points however I can promise I will never vote democrat again. I am all for gun safety and laws that protect us, but NY is now just making laws to make headlines

sartrooper
1 month ago

This bill strikes me as nothing more than "window dressing"...it's just the bill's sponsor's way of saying "I tried to address the problem of gun violence" without addressing the underlying criminal intent of those possessing and using such weapons.

Michael_Graziano
1 month ago

A copy of comments sent to Sen. Kevin Thomas --

This bill purports to ban and criminalize something which is already illegal: The conversion of handguns (or any firearm) from semi-automatic to fully-automatic weapons.

On those grounds alone this is unnecessary and wasteful legislation, however the bill goes further than that and also seeks to ban any semi-automatic weapons that can be converted to fully-automatic. This is, in effect, a ban on every modern striker-fired handgun as they can all be so converted with varying degrees of effort. It would impact nearly every law-abiding citizen of the state of New York who seeks to purchase a new pistol (either as a replacement for one they currently own, or as new weapons on newly-issued pistol permits).

I urge you to oppose this badly constructed legislation, and encourage you and your Senate colleagues to instead enhance the penalties under existing law for converting handguns to fully-automatic weapons if you believe this issue requires further attention than it has already received in legislation.

Tyler_Stoltzfus_1
1 month ago

In typical NY fashion, this bill reflects blatant disregard for the second amendment and gross ignorance with regards to firearms and firearm related crimes. All this bill would accomplish is deny peaceable NY citizens the ability to lawfully purchase and protect themselves with the most popular handguns in the world. The vast majority of the “glock switches” in question are possessed by criminals who already circumvent the exceedingly onerous process of legally acquiring a handgun in NY. This bill brings absolutely NOTHING of merit to the table, yet it would place even more asinine restrictions on what little remains of the second amendment in this state.

Samuel_Foster
1 month ago

I am actively planning on leaveing and boycotting new York state products because of the continued targeting of new York guns owners In these bills.
I followed the process and paid all the fees, why then am I being targeted and not criminal actors?

Kyle_Weiss
1 month ago

Senator Myrie, resign. You clearly cannot find anything better or more productive to do that would actually help your constituents so why should we leave you in office? If you can't grasp the relevant case law (DC v Heller, NYSRPA v Bruen) when writing a law, you have no business proposing it. Thank you for wasting my tax dollars. We'll be seeing you at election day.

nicoporter33
1 month ago

This is an attack on Constitutionally protected rights. This bill is drafted in ignorance of the Constitution and the spirit of The United States.

1. Converting a semi-automatic firearm to select-fire is already illegal without proper SOT licensing. What is this bill going to do? Make it double illegal?

2. Individuals installing Glock Switches are already not following the law. This process is not done unknowingly. Those who know the laws and jump through the NY hoops to legally obtain and carry a firearm are not going to risk their license and ability to own firearms by installing a switch. A law is not going to stop it from happening.

3. Converted handguns are likely to be illegally owned anyways. Either stolen or purchased via strawman.

4. LEO/MIL exemptions further prove the ignorance of this bill.

5. How does NY expect the ban to go if passed? What would the next action be by state police? There are no outlines for grandfathered firearms or routes for amnesty. I am not sure how NY expects thousands of handguns to just disappear overnight.

mike_potenza
1 month ago

This is so over the line unconstitutional

Matthew_DeFazio
4 weeks ago

I am writing to you to express my strong opposition to Senate Bill S9225. As I am sure that you are aware, since in or around 1986, it has been a federal crime to manufacture/register new machine guns in the U.S. New York state also has similar laws regulating the use of machine guns. Given that it is already illegal to produce devices that convert semi-auto pistols like a Glock Pistol into a machine gun, I fail to see how banning all such pistols that can easily accept those devices (allegedly) is a solution in keeping with the second amendment, as applied to the states via the fourteenth amendment. Advocates of gun control always state that these laws are made to keep the people safer, and yet here we are proposing another law because the existing gun laws have not lived up to the promise to protect us at the costs of our rights. If gun control works so well, and laws against devices from converting pistols into machine guns already exist, then why do we need to ban an entire class of pistols, in this case Glocks. Perhaps we should be enforcing existing laws, not letting criminals get off easy so that they can be released and kill police officers like Jonathan Diller and so many other innocents. We need to design laws that punish criminals, and we need to strictly enforce them. We do not need laws that target honest, law abiding citizens that have done nothing wrong. This legislation serves only to burden law abiding gun owners such as myself, who have already jumped through significant hoops to secure pistol permits via extensive background checks and other requirements. Additionally, this legislation will fail constitutional challenges. I cannot imagine any argument that Glock pistols are not in common use for lawful purposes, including but not limited to self-defense. I cannot see how it would survive a Bruen analysis. This proposed law is set up to fail. It is an insult to the bill of fights, and the people of New York State. I ask that you stand up for the rights of your constituents, and oppose this heinous bill.

Thomas_Foster_1
4 weeks ago

Clearly another unconstitutional, illegal law that infringes on our second ammendment right. Scotus has already ruled guns in common use cannot be banned. Period. Why aren't politicians who continually break the law not arrested?

Peggy_Fliegel_1
4 weeks ago

Our Pro Criminal politicians are at it again and quite frankly I'm done with them. It's quite obvious, to everyone but them, that this bill will do nothing to curb violent crime, it will only serve to violate yet another fundamental right of New Yorkers.
Why is it so difficult for politicians to understand that criminals will always find a way to obtain the tools of their trade and that NY needs lengthy prison terms for criminals instead of a slap on the wrist.
This bill, on its face, can seem innocent enough yet we all know most NY politicians can't be trusted to do what's right for honest NY residents and if this bill passes it will be the first step in making owning a semiautomatic pistol illegal in NY. Our freedom of speech is being eroded as well as our right to bear arms. The US has this wonderful thing called the Constitution, NY politicians need to reread it, not try to rewrite it.

rfborden
2 weeks ago

I really don't understand what is wrong with government today especially in NYS. When you brain storm for a law there should always be a voice in the room is this constitutional. The original law is unconstitutional all the amendments that have been added are unconstitutional. What you are doing is illegal.

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