STATE OF NEW YORK
        ________________________________________________________________________

                                          1772

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 20, 2023
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Codes

        AN  ACT to amend the penal law, in relation to unlawful dissemination or
          publication of files or instructions for the digital manufacture of  a
          firearm or components

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new section 265.67  to
     2  read as follows:
     3  § 265.67 Unlawful  dissemination or publication of files or instructions
     4             for the digital manufacture of a firearm or components.
     5    1. A person is guilty of  unlawful  dissemination  or  publication  of
     6  files or instructions for the digital manufacture of a firearm or compo-
     7  nents when:
     8    (a)  he or she disseminates or publishes files or instructions for the
     9  digital manufacture of a firearm or components without being licensed as
    10  a gunsmith or dealer in firearms under  article  four  hundred  of  this
    11  chapter; or
    12    (b)  he or she disseminates or publishes files or instructions for the
    13  digital manufacture of a firearm  or  components  without  performing  a
    14  background  check  on  the  purchaser or downloader of such instructions
    15  through the National Instant Criminal Background Check System (NICS), or
    16  its successor.
    17    2. For purposes of this section "firearm" means the  same  as  section
    18  265.00 of this article.
    19    3.  For  purposes of this section "digital manufacture of a firearm or
    20  components" means the production of any firearm or the  major  component
    21  of  a  firearm, rifle or shotgun using additive manufacturing or digital
    22  manufacturing technologies  including,  but  not  limited  to,  computer
    23  numerical  control  mills, three-dimensional printers, and laser cutting
    24  machines.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03304-01-3

        A. 1772                             2

     1    4. Nothing in this section shall be construed to limit, or to enlarge,
     2  the protections that 47 U.S.C § 230 confers on an  interactive  computer
     3  service for content provided by another information content provider, as
     4  such terms are defined in 47 U.S.C. § 230.
     5    Unlawful dissemination or publication of files or instructions for the
     6  digital manufacture of a firearm or components is a class C felony.
     7    §  2.  Subdivision 3 of section 265.00 of the penal law, as amended by
     8  chapter 211 of the laws of 2022, is amended to read as follows:
     9    3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
    10  one or more barrels less than eighteen inches in length; or (c) a  rifle
    11  having  one  or  more barrels less than sixteen inches in length; or (d)
    12  any weapon made from a shotgun or rifle whether by alteration, modifica-
    13  tion, or otherwise if such weapon as altered, modified, or otherwise has
    14  an overall length of less than twenty-six  inches;  or  (e)  an  assault
    15  weapon;  or  (f)  a  digitally  manufactured  firearm  or component of a
    16  firearm, rifle or shotgun as defined in section 265.67 of this  article;
    17  or  (g)  any  other weapon that is not otherwise defined in this section
    18  containing any component that provides housing or a  structure  designed
    19  to  hold  or integrate any fire control component that is designed to or
    20  may readily be converted to expel a projectile by action  of  explosive.
    21  For  the purpose of this subdivision the length of the barrel on a shot-
    22  gun or rifle shall be determined by measuring the distance  between  the
    23  muzzle  and  the face of the bolt, breech, or breechlock when closed and
    24  when the shotgun or rifle is cocked; the overall length of a weapon made
    25  from a shotgun or rifle is the distance between the extreme ends of  the
    26  weapon  measured  along  a line parallel to the center line of the bore.
    27  Firearm does not include an antique firearm.
    28    § 3. This act shall take effect immediately.