Ban Untraceable Ghost Guns

Section 1. This act shall be known and may be cited as the "Jose Webster untraceable firearms act".

§ 2. Subdivision 8 of section 265.00 of the penal law, as amended by chapter 189 of the laws of 2000, is amended to read as follows:

8. "Gunsmith" means (a) any person, firm, partnership, corporation or company who engages in the business of repairing, altering, assembling, manufacturing, cleaning, polishing, engraving or trueing, or who performs any mechanical operation on, any firearm, large capacity ammunition feeding device or machine-gun; or (b) any person who assembles, manufactures, fabricates, builds, or fits together the component parts of a firearm, rifle or shotgun, regardless of whether the firearm, rifle or shotgun is intended for personal use, commercial sale or for any other purpose. "Gunsmith" shall not include any person who performs routine cleaning or maintenance on a lawfully possessed firearm, rifle or shotgun for non-commercial purposes.

§ 3. Section 265.00 of the penal law is amended by adding a new subdivision 31 to read as follows:

31. "Ghost gun" means a firearm, rifle or shotgun that does not comply with the provisions of section 265.07 of this article and is not serialized in accordance with the requirements imposed on licensed importers and licensed manufacturers pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto, except for antique firearms as defined in subdivision fourteen of this section, as added by chapter nine hundred eighty-six of the laws of nineteen hundred seventy-four, or any firearm, rifle or shotgun manufactured prior to nineteen hundred sixty-eight.

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

[ ] is old law to be omitted.

LBD15385-07-0

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§ 4. 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 is not a gunsmith duly licensed pursuant to section 400.00 of this chapter and possesses a ghost gun, provided that for a period of six months after the effective date of this subdivision, a person shall not be guilty of criminal possession of a weapon in the third degree when such person possesses a ghost gun during the process of providing such ghost gun to a gunsmith duly licensed pursuant to section 400.00 of this chapter for the purposes of having such ghost gun serialized and registered pursuant to section 265.07 of this article.

§ 5. The penal law is amended by adding a new section 265.07 to read as follows: § 265.07 Registration and serialization of firearms, rifles, shotguns,

finished frames or receivers, and unfinished frames or

receivers by gunsmiths.

(1) For the purposes of this section, "unfinished frame or receiver" means a piece of any material that does not constitute the frame or receiver of a firearm, rifle 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, and which may readily be made into a functional frame or receiver through milling, drilling or other means. 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.

(2) A gunsmith shall engrave, cast, stamp or otherwise conspicuously place both a unique serial number and his or her name (or recognized abbreviation) on any firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver that he or she manufactures, assembles or causes to be manufactured or assembled after the effective date of this section, regardless of the manner of manufacturing or assembly, in a manner that satisfies or exceeds the requirements imposed on licensed importers and licensed manufacturers pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.

(3) A gunsmith shall register with the division of state police any firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver that he or she manufactures, assembles or causes to be manufactured or assembled after the effective date of this section, regardless of the manner of manufacturing or assembly, that would not otherwise be subject to the requirements imposed on licensed importers and licensed manufacturers 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 the provisions of this section shall be guilty of a class C felony.

§ 6. Section 265.10 of the penal law is amended by adding a new subdivision 8 to read as follows:

8. Any person other than a gunsmith duly licensed pursuant to section 400.00 of this chapter who assembles, manufactures, fabricates, builds or fits together the component parts of a firearm, rifle or shotgun, other than for the purposes of performing routine cleaning or mainte-

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nance on a lawfully possessed firearm, rifle or shotgun for non-commercial purposes, is guilty of a class C felony.

§ 7. The penal law is amended by adding three new sections 265.60, 265.61 and 265.62 to read as follows: § 265.60 Criminal sale of a ghost gun in the third degree.

1. Except as otherwise provided in subdivision two of this section, a person is guilty of criminal sale of a ghost gun in the third degree when such person sells, exchanges, gives or disposes of a ghost gun.

2. A person shall not be guilty of criminal sale of a ghost gun in the third degree when such person:

(a) voluntarily surrenders such ghost gun to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 of this article; or

(b) within six months after the effective date of this section, provides such ghost gun to a gunsmith duly licensed pursuant to section 400.00 of this chapter for the purposes of having such ghost gun serialized and registered pursuant to section 265.07 of this article.

Criminal sale of a ghost gun in the third degree is a class D felony. § 265.61 Criminal sale of a ghost gun in the second degree.

1. Except as otherwise provided in subdivision two of this section, a person is guilty of criminal sale of a ghost gun in the second degree when such person:

(a) sells, exchanges, gives or disposes of five or more ghost guns; or

(b) sells, exchanges, gives or disposes of a total of five or more ghost guns in a period of not more than one year.

2. A person shall not be guilty of criminal sale of a ghost gun in the second degree when such person:

(a) voluntarily surrenders such ghost guns to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 of this article; or

(b) within six months after the effective date of this section, provides such ghost guns to a gunsmith duly licensed pursuant to section 400.00 of this chapter for the purposes of having such ghost guns serialized and registered pursuant to section 265.07 of this article.

Criminal sale of a ghost gun in the second degree is a class C felony. § 265.62 Criminal sale of a ghost gun in the first degree.

1. Except as otherwise provided in subdivision two of this section, a person is guilty of criminal sale of a ghost gun in the first degree when such person:

(a) sells, exchanges, gives or disposes of ten or more ghost guns; or

(b) sells, exchanges, gives or disposes of a total of ten or more ghost guns in a period of not more than one year.

2. A person shall not be guilty of criminal sale of a ghost gun in the first degree if such person:

(a) voluntarily surrenders such ghost guns to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 of this article; or

(b) within six months after the effective date of this section, provides such ghost guns to a gunsmith duly licensed pursuant to section 400.00 of this chapter for the purposes of having such ghost guns serialized and registered pursuant to section 265.07 of this article.

Criminal sale of a ghost gun in the first degree is a class B felony.

§ 8. Subdivisions 1, 2, 3, and 12-a of section 400.00 of the penal law, subdivision 1 and paragraph (a) of subdivision 3 as amended by chapter 1 of the laws of 2013, paragraph (c) of subdivision 1 as amended by chapter 60 of the laws of 2018, subdivision 2 as amended by chapter

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189 of the laws of 2000, paragraph (b) of subdivision 3 as added by chapter 778 of the laws of 1985, and subdivision 12-a as added by chapter 1042 of the laws of 1974, are amended to read as follows:

1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply; (b) of good moral character; (c) who has not been convicted anywhere of a felony or a serious offense or who is not the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense; (d) who is not a fugitive from justice; (e) who is not an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802; (f) who being an alien (i) is not illegally or unlawfully in the United States or (ii) has not been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the Armed Forces under dishonorable conditions; (h) who, having been a citizen of the United States, has not renounced his or her citizenship; (i) who has stated whether he or she has ever suffered any mental illness; (j) who has not been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene law, article seven hundred thirty or section 330.20 of the criminal procedure law, section four hundred two or five hundred eight of the correction law, section 322.2 or 353.4 of the family court act, or has not been civilly confined in a secure treatment facility pursuant to article ten of the mental hygiene law; (k) who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act; (l) in the county of Westchester, who has successfully completed a firearms safety course and test as evidenced by a certificate of completion issued in his or her name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor, except that: (i) persons who are honorably discharged from the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York, and produce evidence of official qualification in firearms during the term of service are not required to have completed those hours of a firearms safety course pertaining to the safe use, carrying, possession, maintenance and storage of a firearm; and (ii) persons who were licensed to possess a pistol or revolver prior to the effective date of this paragraph are not required to have completed a firearms safety course and test; (m) who has not had a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage his or her own affairs; and (n) concerning whom no good cause exists for the denial of the license. No person shall engage in the business of gunsmith or dealer in firearms, nor assemble, manufacture, fabricate, build, or fit together the component parts of a firearm, rifle, or shotgun, other than for the purposes of performing routine cleaning or maintenance on a lawfully possessed firearm, rifle, or shotgun for non-com-

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mercial purposes, unless licensed pursuant to this section. An applicant to engage in such business shall also be a citizen of the United States, more than twenty-one years of age and maintain a place of business in the city or county where the license is issued. For such business, if the applicant is a firm or partnership, each member thereof shall comply with all of the requirements set forth in this subdivision and if the applicant is a corporation, each officer thereof shall so comply.