What's happening
This bill criminalizes the possession and sale of unfinished firearm frames or receivers, except by licensed gunsmiths, creating new felony offenses.
Why it matters
Targets "ghost guns" by making it a felony to possess or sell unfinished firearm frames or receivers, closing a major loophole that allows individuals to build untraceable firearms at home. This could significantly reduce access to firearms that bypass serial number and background check requirements.
Creates a tiered penalty structure (Class E, D, and C felonies) for the illegal sale of unfinished receivers, with harsher penalties for higher volumes or repeat offenses. This is designed to deter both casual and large-scale black market distribution.
Exempts licensed gunsmiths and voluntary surrenders to law enforcement, focusing enforcement on unlicensed individuals and illicit sellers, not lawful businesses or those seeking to comply. This distinction may reduce the risk of unintended consequences for legitimate gun repair or manufacturing.
Expands restrictions on firearm components for individuals already prohibited from owning guns, including those under federal bans or extreme risk protection orders, making it harder for high-risk individuals to assemble weapons from parts. This could close gaps where people barred from gun ownership might otherwise obtain parts to circumvent restrictions.
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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
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 40–20
- Ordered to third reading cal.1016
- Reported and committed to rules
- 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 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
7762
IN SENATE
February 14, 2020
Introduced by Sens. KAPLAN, HOYLMAN -- 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 enacting the "Scott J. Beigel unfinished receiver act" in relation to unfinished frames or receivers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Scott J. Beigel unfinished receiver act".
§ 2. Section 265.00 of the penal law is amended by adding a new subdivision 32 to read as follows:
32. "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.
§ 3. Section 265.02 of the penal law is amended by adding two new subdivisions 12 and 13 to read as follows:
(12) Such person is not a gunsmith duly licensed pursuant to section 400.00 of this chapter and possesses an unfinished frame or receiver; or
(13) Such person possesses a major component of a firearm, rifle, or shotgun and such person is prohibited from possessing a shotgun or rifle pursuant to:
(i) this article;
(ii) subsection (g) of section 922 of title 18 of the United States Code; or
(iii) a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules.
§ 4. The penal law is amended by adding three new sections 265.63, 265.64 and 265.65 to read as follows: § 265.63 Criminal sale of an unfinished frame or receiver in the third
degree.
1. Except as otherwise provided in subdivision two of this section, a person is guilty of criminal sale of an unfinished frame or receiver in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15379-03-0
S. 7762 2
the third degree when such person sells, exchanges, gives or disposes of an unfinished frame or receiver.
2. A person shall not be guilty of criminal sale of an unfinished frame or receiver in the third degree if such person:
(a) sells, exchanges, gives or disposes of such unfinished frame or receiver to a gunsmith duly licensed pursuant to section 400.00 of this chapter; or
(b) voluntarily surrenders such unfinished frame or receiver to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 of this article.
Criminal sale of an unfinished frame or receiver in the third degree is a class E felony. § 265.64 Criminal sale of an unfinished frame or receiver in the second
degree.
1. Except as otherwise provided in subdivision two of this section, a person is guilty of criminal sale of an unfinished frame or receiver in the second degree when such person:
(a) sells, exchanges, gives or disposes of five or more unfinished frames or receivers; or
(b) sells, exchanges, gives or disposes of a total of five or more unfinished frames or receivers in a period of not more than one year.
2. A person shall not be guilty of criminal sale of an unfinished frame or receiver in the second degree if such person:
(a) sells, exchanges, gives or disposes of such unfinished frames or receivers to a gunsmith duly licensed pursuant to section 400.00 of this chapter; or
(b) voluntarily surrenders such unfinished frames or receivers to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 of this article.
Criminal sale of an unfinished frame or receiver in the second degree is a class D felony. § 265.65 Criminal sale of an unfinished frame or receiver in the first
degree.
1. A person is guilty of criminal sale of an unfinished frame or receiver in the first degree when such person:
(a) sells, exchanges, gives or disposes of ten or more unfinished frames or receivers; or
(b) sells, exchanges, gives or disposes of a total of ten or more unfinished frames or receivers in a period of not more than one year.
2. A person shall not be guilty of criminal sale of an unfinished frame or receiver in the first degree if such person:
(a) sells, exchanges, gives, or disposes of such unfinished frames or receivers to a gunsmith duly licensed pursuant to section 400.00 of this chapter; or
(b) voluntarily surrenders such unfinished frames or receivers to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 of this article.
Criminal sale of an unfinished frame or receiver in the first degree is a class C felony.
§ 5. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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 enacting the "Scott J. Beigel unfinished receiver act" in relation to unfinished frames or receivers
Purpose
This legislation would create the Scott J. Beigel Unfinished Receiver act which would prohibit the possession of unfinished receivers by anyone other than a gunsmith. Further this legislation also would create the crimes of criminal sale of an unfinished frame or receiver in the first, second, and third degree.
Summary of provisions
Section 1 names this act the "Scott J. Beigel Unfinished Receiver act".
Read the full memo (761 words)
Section 2 adds a new subdivision 32 to Section 265.00 of the penal law to include the definition of unfinished frame or receiver. Specifically this definition defines a piece of any material that does not constitute the frame or receiver of a firearm, rifle or shotgun 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 be readily made into a functional frame or receiver through milling, drilling, or other means as an unfinished frame or receiver. This section excludes a piece of material that has had its size or external shape altered to facili- tate transportation or storage or has had its chemical composition altered.
Section 3 amends Section 265.02 of the penal law by adding two new subdivisions 12 and 13 to criminalize the possession of an unfinished frame or receiver by anyone other than a gunsmith. Subdivision 12 crimi- nalizes the possession of a major component of a firearm, rifle or shot- gun by a person prohibited from possessing such pursuant to this arti- cle, or subsection (g) of section 922 of title 18 of the United States Code, or is subject to a temporary or final extreme risk protection order. This is a class D felony.
Section 4 adds three new sections 265.63, 265.64, and 265.65 to the penal law. These sections create the crimes of criminal sale of an unfinished frame or receiver in the first, second, or third degree. A person is guilty of the criminal sale of an unfinished frame or receiver when such person sells, exchanges, gives, or disposes of an unfinished frame or receiver.A person is not in violation if they sell, exchange, or give such unframed receiver to a gunsmith, or voluntarily surrender such unfinished frame or receiver to any designated law enforcement officer. This is a class E Felony, it becomes a class D Felony when five or more unfinished frames or receivers are involved, and a class C Felo- ny when more than ten unfinished frames or receivers.
Section 5 is the effective date.
Justification
Scott J. Beigel tragically lost his life due to senseless gun violence at Marjory Stoneman Douglas High School in Parkland, Florida, on Febru- ary 14, 2018. Scott was a hero, an MSD teacher who gave his life to heroically protect his students. Scott was the truest of heroes in life, and remains one now. The Scott J. Beigel Unfinished Receiver Act is dedicated to his honor and in his memory, and is intended, just as Scott intended, to save lives.
With an epidemic of gun violence plaguing the United States, and in the face of Federal inaction in dealing with the crisis, it is incumbent upon the states to enact common-sense reforms that close dangerous loop- holes that allow untraceable weapons to flood our communities.
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 rifle. A skilled individual can assemble an opera- tional semi-automatic firearm using a lower in under an hour, and some- one with little experience can, after watching a YouTube video, use 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.