What's happening
This bill bans the manufacture, sale, and possession of undetectable firearms, receivers, and magazines in New York.
Why it matters
Closes loopholes on 3D-printed and DIY guns. By targeting firearms, receivers, and magazines that are undetectable by standard security equipment, the bill addresses advances in technology that make it easier for individuals to manufacture weapons at home, potentially bypassing traditional gun control measures.
Directly responds to evolving security threats. The law specifically covers weapons and components that cannot be seen by walk-through metal detectors or airport x-ray machines, aiming to prevent firearms from being smuggled into secure areas such as airports, government buildings, or schools.
Imposes strict criminal penalties. Violations are classified as a class E felony, signaling that the state considers the creation or possession of undetectable firearms a serious public safety threat and deterring individuals from engaging in this activity.
Includes exceptions only for national security. The only exemption is for firearms certified as necessary for military or intelligence use and sold exclusively to federal agencies, ensuring that the ban does not interfere with national defense operations.
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Who cares
Firearm manufacturers, dealers and owners
Knowingly manufacturing, selling, transferring or possessing firearms that fail the bill’s metal-detector or airport X-ray standards would be a class E felony.
Unlicensed receiver and ammunition magazine makers
The bill would ban receivers for rifles or handguns and ammunition magazines they manufacture if those items fail the specified detection standards.
New York State Police
The agency would be required to issue rules and regulations to implement the ban.
U.S. military and intelligence agencies
The bill would exempt firearms certified by a federal agency as necessary for military intelligence applications and manufactured for and sold exclusively to these agencies.
Headline styles
Ban Undetectable Firearms
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Undetectable Ghost Guns
In Assembly Committee · Codes · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4380
2019-2020 Regular Sessions
IN SENATE
March 11, 2019
Introduced by Sen. PARKER -- 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 a ban on undetectable firearms, undetectable firearm receivers and undetectable ammunition magazines
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known as the "undetectable firearms act".
§ 2. Findings. The legislature finds that:
(1) Federal Bureau of Investigation data shows that more than fiftyseven percent of the murders that occurred in New York state in 2011 were perpetrated with a firearm;
(2) 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; and
(3) 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.
§ 3. The penal law is amended by adding a new section 265.50 to read as follows: § 265.50 Ban on undetectable firearms, undetectable firearm receivers
and undetectable ammunition magazines.
1. It shall be unlawful for any person to knowingly manufacture, import, sell, ship, deliver, transfer, receive or possess:
(a) any firearm:
(i) that, after removal of grips, stocks and magazines, is not detectable by walk-through metal detectors; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04884-01-9
S. 4380 2
(ii) any major component of which does not generate an image that accurately depicts the shape of the component when subjected to inspection by the types of x-ray machines commonly used at airports; or
(b) any receiver for a rifle or handgun manufactured by a person who is not a licensed manufacturer:
(i) that is not detectable as a rifle or handgun by walk-through metal detectors; or
(ii) which does not generate an image that accurately depicts the shape of the receiver when subjected to inspection by the types of x-ray machines commonly used at airports; or
(c) any ammunition magazine manufactured by a person who is not a licensed manufacturer:
(i) that, after removal of the spring and follower, is not detectable by walk-through metal detectors; or
(ii) which does not generate an image that accurately depicts the shape of the magazine when subjected to inspection by the types of x-ray machines commonly used at airports.
2. For the purposes of this section:
(a) the term "firearm" does not include the frame or receiver of any such weapon; and
(b) the term "major component" of a firearm means the barrel, the slide or cylinder, or the frame or receiver of the firearm.
3. This section shall not apply to any firearm which has been certified by an agency of the United States as necessary for military intelligence applications and is manufactured for and sold exclusively to military or intelligence agencies of the United States.
4. A person who violates the provisions of this section shall be guilty of a class E felony.
§ 4. The New York state police shall promulgate rules and regulations necessary for the implementation of this act.
§ 5. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 accu- rately 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 gener- ate 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 manu- facture 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, manu- facture, transfer, sell, deliver, receive, import, or ship undetectable firearms, firearm receivers and ammunition magazines.
Prior legislative history
2017-18: S3277 - REFERRED TO CODES 2015-16: S.1486/A.7070 - Referred to Codes
Fiscal implications
None
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.