Ban Untraceable Ghost Guns

Section 1. Section 265.00 of the penal law is amended by adding four new subdivisions 26, 27, 28 and 29 to read as follows:

26. "Major component" means, in the case of a firearm, rifle or shotgun the slide or cylinder, or the frame or receiver, and, in the case of a shotgun, the barrel.

27. "Additive manufacturing" means a manufacturing process in which material is added in order to produce the product, including but not limited to three-dimensional printing in which layers of material are laid down in succession.

28. "Unfinished firearm frame or receiver" means a piece of any material that does not constitute the frame or receiver of a firearm, rifle

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07305-03-9

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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. The term shall not include a piece of material that has had its size or external shape altered to facilitate transportation or storage or has had its chemical composition altered.

29. "Ghost gun" means a firearm, rifle or shotgun that is:

(a) manufactured using additive manufacturing; or

(b) assembled from a frame or receiver that was marketed and/or sold (either separately or as part of a kit) as an unfinished firearm frame or receiver that the recipient could use to assemble a firearm, rifle or shotgun.

§ 2. Subdivision 10 of section 265.02 of the penal law, as added by chapter 1 of the laws of 2013, is amended and two new subdivisions 11 and 12 are 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, if not a gunsmith or dealer duly licensed pursuant to section 400.00 of this chapter, possesses a ghost gun that has not been registered with a licensing officer and engraved or permanently affixed with a serial number as provided in subdivision ten of section 265.10 of this article; or

(12) Such person possesses a firearm, rifle or shotgun manufactured or assembled as a ghost gun that does not comply with the provisions of subdivision nine of section 265.10 of this article.

§ 3. Section 265.10 of the penal law is amended by adding three new subdivisions 8, 9 and 10 to read as follows:

8. Any person, other than a gunsmith duly licensed pursuant to section 400.00 of this chapter, who assembles, manufactures, or causes to be assembled or manufactured, a firearm, rifle or shotgun is guilty of a class C felony.

9. For all firearms, rifles and shotguns manufactured, assembled, or caused to be manufactured or assembled, sold, exchanged, disposed of or possessed: (a) each major component must be detectable by a metal detector calibrated to detect 3.7 ounces of type 17-4 PH stainless steel; and (b) each major component, if subject to the types of detection devices commonly used at airports for security screening, must generate an image that adequately depicts the shape of the component. Any gunsmith who fails to comply with this subdivision shall be guilty of a class C felony.

10. All ghost guns manufactured, assembled, or caused to be manufactured or assembled by a gunsmith shall be registered with the licensing officer in the city or county where the gunsmith is located. Such licensing officer, in consultation with the division of state police, shall issue a unique serial number for each firearm, rifle or shotgun so registered. For each such ghost gun, records reflecting the identity of the manufacturing or assembling gunsmith and the serial number of the ghost gun shall be included in the statewide license and record database established pursuant to section 400.02 of this chapter. The manufacturing or assembling gunsmith shall engrave or permanently affix the serial number to the firearm, rifle or shotgun in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of shotguns pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto. Any gunsmith who fails to comply with this subdivision shall be guilty of a class C felony.

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§ 4. Section 265.11 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: § 265.11 Criminal sale of a firearm in the third degree.

A person is guilty of criminal sale of a firearm in the third degree when:

(1) such person is not authorized pursuant to law to possess a firearm and such person unlawfully either:

[(1)] (a) sells, exchanges, gives or disposes of a firearm or large capacity ammunition feeding device to another person; or

[(2)] (b) possesses a firearm with the intent to sell it[.];

(2) such person is not a gunsmith or dealer duly licensed pursuant to section 400.00 of this chapter and such person sells, exchanges, gives or disposes of a firearm, rifle or shotgun manufactured or assembled as a ghost gun, unless such sale, exchange, gift or disposal is in compliance with all requirements under state and federal law relating to the sale, exchange, gift or disposal of firearms, rifles and shotguns and:

(a) the recipient holds a federal firearms license issued pursuant to Section 923 of Title 18 of the United States Code;

(b) the recipient is a peace officer, as described in section 2.10 of the criminal procedure law;

(c) the recipient is a federal law enforcement officer, as described in section 2.15 of the criminal procedure law; or

(d) the sale, exchange, gift, or disposal is between members of an immediate family, as defined in section eight hundred ninety-eight of the general business law; or

(3) such person sells, exchanges, gives or disposes of an unfinished firearm frame or receiver, unless:

(a) the recipient is a gunsmith duly licensed pursuant to section 400.00 of this chapter;

(b) the recipient is a peace officer, as described in section 2.10 of the criminal procedure law; or

(c) the recipient is a federal law enforcement officer, as described in section 2.15 of the criminal procedure law.

Criminal sale of a firearm in the third degree is a class D felony.

§ 5. Section 265.12 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows: § 265.12 Criminal sale of a firearm in the second degree.

A person is guilty of criminal sale of a firearm in the second degree when such person:

(1) unlawfully sells, exchanges, gives or disposes of to another five or more firearms; [or]

(2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of five or more firearms in a period of not more than one year[.];

(3) being a gunsmith or dealer duly licensed pursuant to section 400.00 of this chapter, sells, exchanges, gives or disposes of a ghost gun that has not been registered with a licensing officer and engraved or permanently affixed with a serial number as provided in subdivision ten of section 265.10 of this article; or

(4) being a gunsmith or dealer duly licensed pursuant to section 400.00 of this chapter, sells, exchanges, gives or disposes of a firearm, rifle or shotgun manufactured or assembled as a ghost gun that does not comply with the provisions of subdivision nine or ten of section 265.10 of this article.

Criminal sale of a firearm in the second degree is a class C felony.

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§ 6. The penal law is amended by adding a new section 265.38 to read as follows: § 265.38 Unlawful dissemination of instructions for the assembly of a

weapon.

It shall be unlawful for any person to intentionally publish, over the internet or by means of the world wide web, digital instructions in the form of computer aided design files or other code that can automatically program a three-dimensional printer or similar device to produce a firearm, rifle or shotgun.

Unlawful dissemination of instructions for the assembly of a weapon is a class D felony.

§ 7. Paragraph (c) of subdivision 1, paragraph (b) and the opening paragraph of paragraph (c) of subdivision 2 of section 70.02 of the penal law, paragraph (c) of subdivision 1 as amended by chapter 368 of the laws of 2015, paragraph (b) of subdivision 2 as amended by section 122 of subpart B of part C of chapter 62 of the laws of 2011, and the opening paragraph of paragraph (c) of subdivision 2 as amended by chapter 1 of the laws of 2013, are amended to read as follows:

(c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, menacing a police officer or peace officer as defined in section 120.18, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdivision three of section 135.35, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven, eight, nine or ten of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, unlawful dissemination of instructions for the assembly of a weapon as defined in section 265.38, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18.

(b) Except as provided in paragraph (b-1) of this subdivision, subdivision six of section 60.05 and subdivision four of this section, the sentence imposed upon a person who stands convicted of a class D violent felony offense, other than the offense of criminal possession of a weapon in the third degree as defined in subdivision five, seven or eight of section 265.02 [or], criminal sale of a firearm in the third degree as defined in section 265.11 or unlawful dissemination of instructions for the assembly of a weapon as defined in section 265.38, must be in accordance with the applicable provisions of this chapter relating to sentencing for class D felonies provided, however, that where a sentence

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of imprisonment is imposed which requires a commitment to the state department of corrections and community supervision, such sentence shall be a determinate sentence in accordance with paragraph (c) of subdivision three of this section.

Except as provided in subdivision six of section 60.05, the sentence imposed upon a person who stands convicted of the class D violent felony offenses of criminal possession of a weapon in the third degree as defined in subdivision five, seven, eight or nine of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, unlawful dissemination of instructions for the assembly of a weapon as defined in section 265.38 or the class E violent felonies of attempted criminal possession of a weapon in the third degree as defined in subdivision five, seven, eight or nine of section 265.02 must be a sentence to a determinate period of imprisonment, or, in the alternative, a definite sentence of imprisonment for a period of no less than one year, except that:

§ 8. Paragraph (a) of subdivision 1 of section 460.10 of the penal law, as amended by chapter 189 of the laws of 2018, is amended to read as follows: