Relates to a ban on undetectable firearms, undetectable firearm receivers and undetectable ammunition magazines

BILL NUMBER:S1486

Title of bill

An act to amend the penal law, in relation to a ban on undetectable firearms, undetectable firearm receivers and undetectable ammunition magazines

Purpose or general idea of bill

To make illegal the manufacture, possession and sale of firearms, firearm receivers and ammunition magazines that are not detectable by traditional metal detectors and may not present an accurate image on an x-ray.

Summary of specific provisions

Section 1 of the bill specifies that the bill shall be known as the "undetectable firearms act."

Section 2 is the legislative findings.

Section 3 amends the penal law by adding a new section 265.50 to make it unlawful for any person to knowingly manufacture, import, sell, ship, deliver, transfer, receive or possess:

1. Any firearm that is not detectable by a walk-through metal detector or any major component of which does not generate an image that accurately depicts its shape when subjected to inspection by x-ray machines commonly used at airports;

2. Any receiver for a rifle, or handgun, manufactured by a person who is not a licensed manufacturer that is not detectable as a rifle or handgun by walk-through metal detectors or which does not generate an image that accurately depicts the shape of the receiver when subjected to an inspection by the types of x-ray machines commonly used at airports; and

3. Any ammunition magazine, manufactured by a person who is not a licensed manufacturer that, after removal of the spring and follower, is not detectable by walk-through metal detectors or which does not generate an image that accurately depicts the shape of the magazine when subjected to inspection by the type of x-ray machines commonly used at airports.

This new penal law section does not apply to firearms which have been certified by an agency of the United States as necessary for military intelligence and are manufactured and sold exclusively to military or intelligence agencies.

A person who violates the provisions of this new penal law section shall be guilty of a class E felony.

Section 4 requires the New York state police to promulgate rules and regulations necessary for the implementation of the act.

Section 5 is the effective date.

Justification

Digital manufacturing technologies, including computer numerical control mills, 3-dimensional printers and laser cutting machines, are quickly advancing so that they may soon be used to fabricate fully operational firearm components.

Some commercially available digital manufacturing technologies can manufacture these components using materials that cannot be detected by traditional metal detectors or x-ray imaging machines.

Allowing firearms that are undetectable poses a serious threat of danger to the safety of all. This legislation would protect the safety of New Yorkers by making it illegal for any person to knowingly possess, manufacture, transfer, sell, deliver, receive, import, or ship undetectable firearms, firearm receivers and ammunition magazines.

Prior legislative history

None

Fiscal implications

None

Effective date

This act shall take effect on the ninetieth day after it shall have become law.