What's happening
This bill criminalizes the possession, sale, or transfer of unfinished firearm frames or receivers in New York.
Why it matters
Expands the definition of "gunsmith". By including anyone who assembles or manufactures firearms (even for personal use) as a "gunsmith," this bill could require more individuals to comply with licensing and regulatory requirements, affecting hobbyists and home gun builders.
Targets "ghost gun" components. The bill defines "unfinished frames or receivers" as items that can be readily made into functional gun parts, directly addressing the components often used to assemble untraceable "ghost guns," thereby aiming to close loopholes around unserialized firearms.
Introduces new criminal offenses. Possession, sale, or transfer of unfinished frames or receivers becomes a crime (with sale or transfer classified as a class E felony), signaling a significant legal risk for individuals and businesses involved in the DIY firearm market.
Potential impact on enforcement and compliance. Law enforcement will have clearer grounds to intervene in cases involving parts intended for homemade firearms, but the bill may also raise questions about how "readily made" is interpreted and how compliance will be monitored for both individuals and retailers.
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Who cares
Headline styles
Ban Ghost Gun Parts
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
2 Co-sponsors
History
- Referred to codes
- Referred to rules
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 Ghost Gun Parts
In Assembly Committee · Codes · Sponsor Charles Lavine
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6716
2019-2020 Regular Sessions
IN SENATE
September 13, 2019
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to unfinished frames and receivers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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 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 and shall also include assembling, manufacturing, fabricating, building, or fitting 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 any other purpose.
§ 2. The opening paragraph of subdivision a of section 265.20 of the penal law, as separately amended by chapters 130 and 134 of the laws of 2019, is amended to read as follows:
Paragraph (h) of subdivision twenty-two of section 265.00 and sections 265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02, 265.03, 265.04, 265.05, 265.07, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05 shall not apply to:
§ 3. Section 265.00 of the penal law is amended by adding a new subdivision 31 to read as follows:
31. "Unfinished frame or receiver" means a frame or receiver of a firearm, rifle or shotgun whose fire-control cavity is completely solid and un-machined, and which may readily be made into a functional frame or receiver through milling, drilling or other means and includes any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13798-02-9
S. 6716 2
other object, part or combination of parts which is not a functional frame or receiver but is designed or intended to be used for that purpose and can be readily made into a functional frame or receiver.
§ 4. Section 265.01 of the penal law is amended by adding a new subdivision 9 to read as follows:
(9) He or she possesses an unfinished frame or receiver.
§ 5. The penal law is amended by adding a new section 265.07 to read as follows: § 265.07 Criminal sale of an unfinished frame or receiver.
A person is guilty of criminal sale of an unfinished frame or receiver when he or she sells, exchanges, gives, disposes of, purchases, or otherwise obtains an unfinished frame or receiver.
Criminal sale of an unfinished frame or receiver is a class E felony.
§ 6. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided however that if section 3 of chapter 134 of the laws of 2019 is not in effect on such date then section two of this act shall take effect on the same date and in the same manner as section 3 of chapter 134 of the laws of 2019 takes effect.
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 unfin- ished frames and receivers
Purpose
This legislation would prohibit the possession of unfinished receivers by anyone other than a gunsmith.
Summary of provisions
Section 1 amends the definition of gunsmith as found in Subdivision 8 of section 265.00 of the penal law to include additional language related to the assembling, manufacturing, fabricating, building, or fitting together the component parts of a firearm, rifle or shotgun.
Section 2 Amends the opening paragraph of subdivision a of section 265.20 of the penal law to include a new section of law to be covered by this section as created under this legislation.
Section 3 Creates the definition of unfinished frame or receiver, which means a frame or receiver of a firearm, rifle, or shotgun whose fire control cavity is completely solid and un-machined, and which may readi- ly be made into a functional frame or receiver through milling, drilling or other means.
Section 4 Adds to section 265.01 of the penal law, a new crime for possession of an unfinished frame or receiver. This is a class A Misde- meanor.
Section 5 creates a new section of Penal Law 265.07 which constitutes the crime of criminal sale of an unfinished frame or receiver, a Class E felony. A person is guilty of this crime when they sell, exchanges, gives, disposes of, purchases, or otherwise obtains an unfinished frame or receiver.
Section 6 is the effective date.
Justification
In 2014 John Zawahri failed to pass a background check, but purchased an unfinished receiver. This man then transformed it into a semiautomatic weapon and killed 5 people, before being fatally shot. Last year alone in the City of Syracuse police seized 15 ghost guns in a 6 month time- frame. So far in 2019, another 6 have come into their possession. Earli- er in 2019 an individual was arrested for manufacturing dozens of hand- guns and assault rifles and sold them to a group of individuals, many of which were convicted felons and would not pass background checks.
Unfinished receivers, also called lowers or blanks are used to form the lower part of a firearm. An individual can use an unfinished receiver to circumvent gun laws by making their own semiautomatic weapon at home. These unfinished receivers can be turned into a firearm incredibly easi- ly; all that is required is for an individual to drill holes in the unfinished receiver, well out other areas of the unfinished receiver, and then combine with the other pieces needed to make a fully function- ing semiautomatic weapon. A skilled individual can assemble an opera- tional semi-automatic firearm using a lower in under an hour, someone with little experience watching a YouTube video, can using a lower make a semi-automatic weapon in only a slightly longer time.
Unfinished receivers are not tracked, and it is unknown exactly how many of them have been finished into weapons. Because these weapons are made at home, they contain no serial number and are untraceable.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
The act shall take effect 180 days after having become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.