STATE OF NEW YORK ________________________________________________________________________ 8786 IN ASSEMBLY January 12, 2022 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to criminalizing the sale of ghost guns The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 9 of section 265.01 of the penal law, as added 2 by a chapter of the laws of 2021 amending the penal law relating to 3 enacting the Jose Webster untraceable firearms act, as proposed in 4 legislative bills numbers S. 14-A and A. 613-A, is amended to read as 5 follows: 6 (9) Such person is not [~~required to be a gunsmith~~] licensed as a 7 gunsmith or a dealer in firearms pursuant to section 400.00 of this 8 chapter and, knowing it is a ghost gun, such person possesses a ghost 9 gun, provided that a person shall not be guilty under this subdivision 10 when he or she (a) voluntarily surrenders such ghost gun to any law 11 enforcement official designated pursuant to subparagraph (f) of para- 12 graph one of subdivision (a) of section 265.20 of this article; or (b) 13 for a period of six months after the effective date of this section 14 possesses a ghost gun prior to serialization and registration of such 15 ghost gun pursuant to section 265.07 of this article. 16 § 2. Section 265.07 of the penal law, as added by a chapter of the 17 laws of 2021 amending the penal law relating to enacting the Jose 18 Webster untraceable firearms act, as proposed in legislative bills 19 numbers S. 14-A and A. 613-A, is amended to read as follows: 20 § 265.07 Registration and serialization of firearms, rifles, shotguns, 21 finished frames or receivers, and unfinished frames or 22 receivers. 23 (1) For the purposes of this section, "unfinished frame or receiver" 24 means any unserialized material that does not constitute the frame or 25 receiver of a firearm, rifle or shotgun but that has been shaped or 26 formed in any way for the purpose of becoming the frame or receiver of a 27 firearm, rifle or shotgun, and which may readily be made into a func- 28 tional frame or receiver through milling, drilling or other means. [~~The~~ EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00324-16-2

A. 8786 2 1 ~~term shall not include material that has had its size or external shape~~ 2 ~~altered to facilitate transportation or storage or has had its chemical~~ 3 ~~composition altered.~~] 4 (2) On or before the effective date of this section, and promptly upon 5 taking possession thereof at any time thereafter, any person licensed as 6 a gunsmith, or required to be [~~a gunsmith licensed~~], or a dealer in 7 firearms pursuant to section 400.00 of this chapter, who is in 8 possession of an unserialized firearm, rifle, shotgun, finished frame or 9 receiver, or unfinished frame or receiver shall: 10 (a) engrave, cast, stamp or otherwise conspicuously place both a 11 unique serial number and his or her name (or recognized abbreviation) on 12 such firearm, rifle, shotgun, finished frame or receiver, or unfinished 13 frame or receiver, in a manner that satisfies or exceeds the require- 14 ments imposed on licensed importers and manufacturers pursuant to 15 section (i) of Section 923 of Title 18 of the United States Code and 16 regulations issued pursuant thereto at the time of such assembly; and 17 (b) register with the division of [~~state police~~] criminal justice 18 services in accordance with regulations promulgated by such division any 19 such firearm, rifle or shotgun, finished frame or receiver, or unfin- 20 ished frame or receiver. 21 Any person licensed as a gunsmith, or required to be [~~a gunsmith~~ 22 ~~licensed~~], or a dealer in firearms pursuant to section 400.00 of this 23 chapter who fails to comply with the provisions of this section shall be 24 guilty of a class E felony. 25 § 3. This act shall take effect on the same date and in the same 26 manner as a chapter of the laws of 2021 amending the penal law relating 27 to enacting the Jose Webster untraceable firearms act, as proposed in 28 legislative bills numbers S. 14-A and A. 613-A, takes effect.

Criminalizes the sale of ghost guns

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