Prohibits firearms not readily detectable by standard security equipment

BILL NUMBER:S3341

Title of bill

An act to amend the penal law, in relation to prohibiting firearms not readily detectable by standard security equipment

Summary

This bill would add a new subdivision 4 to section 265.02 of the Penal Law, which provides that the Superintendent of the Division of State Police make a determination of those firearms which are non-detectable by standard security equipment commonly used at secure facilities, such as airports and prisons. The Superintendent would promulgate rules with respect thereto, including public dissemination of those firearms determined to be non-detectable, the following offenses would be applicable: 1. (265.02, new subdivision 4) possession of such a firearm (class D felony); 2. (amendment of 265.03) possession with intent to use it against another person (class C felony); 3. (265.11 and 265.12) manufacture or transportation of such firearms (class D felony); and 4. (amendment to 265.10 (1) and (2)) sale, exchange, giving or disposing of such a firearm (class D felony or a class C felony if more firearms are involved).

Justification

Firearms able to pass undetected through metal detectors and X-ray devices pose a serious threat to the security and safety of the public. The technology to make such non-detectable firearms is available, according to a recent congressional report. The United Nations, airports, prisons, and numerous other secure facilities would be exposed, unnecessarily, to clandestine security breaches at a time when the present threat of terrorism is increasing. The State has a strong interest in precluding such firearms that serve no legitimate purpose.

Fiscal implication

Minimal.

Effective date

One hundred and twenty days after it has become a law.