S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9963
                                 I N  A S S E M B L Y
                                     June 3, 2014
                                      ___________
       Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
         read once and referred to the Committee on Codes
       AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
         relation to establishing crimes relating to the criminal possession or
         manufacture of undetectable firearms, rifles or shotguns
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  265.00 of the penal law is amended by adding two
    2  new subdivisions 3-a and 26 to read as follows:
    3    3-A. "MAJOR COMPONENT OF A  FIREARM,  RIFLE,  OR  SHOTGUN"  MEANS  THE
    4  BARREL,  THE  SLIDE  OR CYLINDER, THE FRAME, OR RECEIVER OF THE FIREARM,
    5  RIFLE, OR SHOTGUN.
    6    26. "UNDETECTABLE" MEANS NOT DETECTABLE BY AN X-RAY MACHINE,  PORTABLE
    7  PULSED  X-RAY  GENERATOR,  METAL  DETECTOR OR MAGNETOMETER WHEN SET AT A
    8  STANDARD CALIBRATION, OR ANY OTHER MACHINE USED TO SCREEN OR  INSPECT  A
    9  PERSON AND AN OBJECT FOR A FIREARM, RIFLE, OR SHOTGUN.
   10    S  2.  The  penal law is amended by adding two new sections 265.50 and
   11  265.55 to read as follows:
   12  S 265.50 CRIMINAL MANUFACTURE, SALE, OR  TRANSPORT  OF  AN  UNDETECTABLE
   13             FIREARM.
   14    A  PERSON  IS GUILTY OF CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN
   15  UNDETECTABLE FIREARM WHEN HE OR SHE KNOWINGLY MANUFACTURES, CAUSES TO BE
   16  MANUFACTURED, SELLS, EXCHANGES, GIVES, DISPOSES OF,  TRANSPORTS,  SHIPS,
   17  OR POSSESSES WITH THE INTENT TO SELL:
   18    1. ANY FIREARM, RIFLE, OR SHOTGUN THAT, AFTER REMOVAL OF GRIPS, STOCKS
   19  AND MAGAZINES, IS UNDETECTABLE; OR
   20    2.  ANY MAJOR COMPONENT OF A FIREARM, RIFLE, OR SHOTGUN WHICH IS UNDE-
   21  TECTABLE.
   22    CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM IS
   23  A CLASS D FELONY.
   24  S 265.55 CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM.
   25    A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN  UNDETECTABLE  FIREARM
   26  WHEN  HE  OR  SHE  KNOWINGLY POSSESSES AN UNDETECTABLE FIREARM, RIFLE OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15324-05-4
       A. 9963                             2
    1  SHOTGUN OR ANY UNDETECTABLE MAJOR COMPONENT  OF  A  FIREARM,  RIFLE,  OR
    2  SHOTGUN.
    3    CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM IS A CLASS E FELONY.
    4    S 3. The opening paragraph and the opening paragraph of paragraph 1 of
    5  subdivision  a of section 265.20 of the penal law, the opening paragraph
    6  as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
    7  the opening paragraph of paragraph 1 as amended by chapter 1041  of  the
    8  laws of 1974, are amended to read as follows:
    9    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
   10  265.01,  265.01-a,  subdivision one of section 265.01-b, 265.02, 265.03,
   11  265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,  265.37,
   12  265.50, 265.55 and 270.05 shall not apply to:
   13    Possession   of   any  of  the  weapons,  instruments,  appliances  or
   14  substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
   15  265.50, 265.55 and 270.05 by the following:
   16    S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
   17  as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
   18  follows:
   19    (c)  Class  D violent felony offenses: an attempt to commit any of the
   20  class C felonies set forth in paragraph (b); reckless assault of a child
   21  as defined in section 120.02, assault in the second degree as defined in
   22  section 120.05, menacing a police officer or peace officer as defined in
   23  section 120.18, stalking in the first degree[,] as defined  in  subdivi-
   24  sion  one  of  section  120.60,  strangulation  in  the second degree as
   25  defined in section 121.12, rape in  the  second  degree  as  defined  in
   26  section  130.30,  criminal sexual act in the second degree as defined in
   27  section 130.45, sexual abuse in the first degree as defined  in  section
   28  130.65, course of sexual conduct against a child in the second degree as
   29  defined  in  section 130.80, aggravated sexual abuse in the third degree
   30  as defined  in  section  130.66,  facilitating  a  sex  offense  with  a
   31  controlled  substance  as defined in section 130.90, criminal possession
   32  of a weapon in the third degree as defined  in  subdivision  five,  six,
   33  seven,  eight, nine or ten of section 265.02, criminal sale of a firearm
   34  in the third degree as defined in section 265.11, intimidating a  victim
   35  or witness in the second degree as defined in section 215.16, soliciting
   36  or  providing  support  for  an act of terrorism in the second degree as
   37  defined in section 490.10, and making a terroristic threat as defined in
   38  section 490.20, falsely reporting an incident in  the  first  degree  as
   39  defined  in  section 240.60, placing a false bomb or hazardous substance
   40  in the first degree as defined in section 240.62, placing a  false  bomb
   41  or hazardous substance in a sports stadium or arena, mass transportation
   42  facility  or  enclosed shopping mall as defined in section 240.63, [and]
   43  aggravated unpermitted use of indoor pyrotechnics in the first degree as
   44  defined in section 405.18, AND CRIMINAL MANUFACTURE, SALE, OR  TRANSPORT
   45  OF AN UNDETECTABLE FIREARM AS DEFINED IN SECTION 265.50.
   46    S  5.  The  opening  paragraph  of  paragraph  (c) of subdivision 2 of
   47  section 70.02 of the penal law, as amended by chapter 1 of the  laws  of
   48  2013, is amended to read as follows:
   49    Except  as  provided in subdivision six of section 60.05, the sentence
   50  imposed upon a person who stands convicted of the class D violent felony
   51  offenses of criminal possession of a  weapon  in  the  third  degree  as
   52  defined  in  subdivision  five,  seven, eight or nine of section 265.02,
   53  criminal sale of a firearm in the third degree  as  defined  in  section
   54  265.11  [or],  the  class  E  violent  felonies  of  attempted  criminal
   55  possession of a weapon in the third degree  as  defined  in  subdivision
   56  five,  seven,  eight or nine of section 265.02, OR CRIMINAL MANUFACTURE,
       A. 9963                             3
    1  SALE, OR TRANSPORT OF AN UNDETECTABLE  FIREARM  AS  DEFINED  IN  SECTION
    2  265.50  must  be a sentence to a determinate period of imprisonment, or,
    3  in the alternative, a definite sentence of imprisonment for a period  of
    4  no less than one year, except that:
    5    S  6.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
    6  law, as amended by section 16 of subpart A of part H of  chapter  55  of
    7  the laws of 2014, is amended to read as follows:
    8    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
    9  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   10  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
   11  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   12  135.25  relating  to  kidnapping; section 135.35 relating to labor traf-
   13  ficking; section 135.65 relating to coercion;  sections  140.20,  140.25
   14  and  140.30  relating  to  burglary;  sections 145.05, 145.10 and 145.12
   15  relating to criminal mischief; article one  hundred  fifty  relating  to
   16  arson;  sections  155.30,  155.35,  155.40  and 155.42 relating to grand
   17  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
   18  care  fraud;  article  one  hundred  sixty relating to robbery; sections
   19  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
   20  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
   21  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
   22  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
   23  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
   24  176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
   25  to  criminal  diversion  of  prescription medications and prescriptions;
   26  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
   27  200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
   28  215.00,  215.05  and  215.19; sections 187.10, 187.15, 187.20 and 187.25
   29  relating to residential mortgage fraud[,]; sections  190.40  and  190.42
   30  relating  to  criminal  usury;  section  190.65  relating  to schemes to
   31  defraud; any felony defined in article four hundred ninety-six; sections
   32  205.60 and 205.65 relating to hindering  prosecution;  sections  210.10,
   33  210.15,  and  215.51  relating  to  perjury and contempt; section 215.40
   34  relating to tampering with physical evidence; sections  220.06,  220.09,
   35  220.16,  220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,
   36  220.55, 220.60 and 220.77 relating to  controlled  substances;  sections
   37  225.10  and  225.20  relating  to gambling; sections 230.25, 230.30, and
   38  230.32 relating to promoting prostitution; section  230.34  relating  to
   39  sex  trafficking; sections 235.06, 235.07, 235.21 and 235.22 relating to
   40  obscenity; sections 263.10 and 263.15 relating  to  promoting  a  sexual
   41  performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
   42  265.13  and  the  provisions of section 265.10 which constitute a felony
   43  relating to firearms and other dangerous weapons;  sections  265.14  and
   44  265.16  relating  to criminal sale of a firearm; section 275.10, 275.20,
   45  275.30, or 275.40 relating to unauthorized  recordings;  [and]  sections
   46  470.05,  470.10,  470.15  and  470.20  relating to money laundering; AND
   47  SECTION 265.50 RELATING TO THE CRIMINAL MANUFACTURE, SALE, OR  TRANSPORT
   48  OF AN UNDETECTABLE FIREARM; or
   49    S  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
   50  procedure law, as amended by chapter 405 of the laws of 2010, is amended
   51  to read as follows:
   52    (b) Any of the following felonies: assault in  the  second  degree  as
   53  defined  in section 120.05 of the penal law, assault in the first degree
   54  as defined in section 120.10 of the penal law, reckless endangerment  in
   55  the  first degree as defined in section 120.25 of the penal law, promot-
   56  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
       A. 9963                             4
    1  strangulation  in  the second degree as defined in section 121.12 of the
    2  penal law, strangulation in the  first  degree  as  defined  in  section
    3  121.13  of  the  penal  law, criminally negligent homicide as defined in
    4  section  125.10  of  the penal law, manslaughter in the second degree as
    5  defined in section 125.15 of the penal law, manslaughter  in  the  first
    6  degree  as  defined  in  section  125.20 of the penal law, murder in the
    7  second degree as defined in section 125.25 of the penal law,  murder  in
    8  the first degree as defined in section 125.27 of the penal law, abortion
    9  in  the  second  degree  as  defined in section 125.40 of the penal law,
   10  abortion in the first degree as defined in section 125.45 of  the  penal
   11  law,  rape in the third degree as defined in section 130.25 of the penal
   12  law, rape in the second degree as defined in section 130.30 of the penal
   13  law, rape in the first degree as defined in section 130.35 of the  penal
   14  law,  criminal  sexual  act  in  the  third degree as defined in section
   15  130.40 of the penal law, criminal sexual act in  the  second  degree  as
   16  defined  in  section 130.45 of the penal law, criminal sexual act in the
   17  first degree as defined in section 130.50 of the penal law, sexual abuse
   18  in the first degree as defined in  section  130.65  of  the  penal  law,
   19  unlawful  imprisonment  in the first degree as defined in section 135.10
   20  of the penal law, kidnapping in the second degree as defined in  section
   21  135.20  of  the  penal law, kidnapping in the first degree as defined in
   22  section 135.25 of the penal law, labor trafficking as defined in section
   23  135.35 of the penal law, custodial interference in the first  degree  as
   24  defined in section 135.50 of the penal law, coercion in the first degree
   25  as  defined in section 135.65 of the penal law, criminal trespass in the
   26  first degree as defined in section 140.17 of the penal law, burglary  in
   27  the third degree as defined in section 140.20 of the penal law, burglary
   28  in  the  second  degree  as  defined in section 140.25 of the penal law,
   29  burglary in the first degree as defined in section 140.30 of  the  penal
   30  law,  criminal mischief in the third degree as defined in section 145.05
   31  of the penal law, criminal mischief in the second degree as  defined  in
   32  section  145.10  of the penal law, criminal mischief in the first degree
   33  as defined in section 145.12 of the penal law, criminal tampering in the
   34  first degree as defined in section 145.20 of the penal law, arson in the
   35  fourth degree as defined in section 150.05 of the penal  law,  arson  in
   36  the third degree as defined in section 150.10 of the penal law, arson in
   37  the  second  degree as defined in section 150.15 of the penal law, arson
   38  in the first degree as defined in section 150.20 of the penal law, grand
   39  larceny in the fourth degree as defined in section 155.30 of  the  penal
   40  law,  grand  larceny in the third degree as defined in section 155.35 of
   41  the penal law, grand larceny in the second degree as defined in  section
   42  155.40 of the penal law, grand larceny in the first degree as defined in
   43  section  155.42 of the penal law, health care fraud in the fourth degree
   44  as defined in section 177.10 of the penal law, health care fraud in  the
   45  third  degree as defined in section 177.15 of the penal law, health care
   46  fraud in the second degree as defined in section  177.20  of  the  penal
   47  law,  health care fraud in the first degree as defined in section 177.25
   48  of the penal law, robbery in the third  degree  as  defined  in  section
   49  160.05  of  the  penal  law,  robbery in the second degree as defined in
   50  section 160.10 of the penal law, robbery in the first degree as  defined
   51  in  section  160.15  of the penal law, unlawful use of secret scientific
   52  material as defined  in  section  165.07  of  the  penal  law,  criminal
   53  possession of stolen property in the fourth degree as defined in section
   54  165.45  of  the penal law, criminal possession of stolen property in the
   55  third degree as defined in section 165.50 of  the  penal  law,  criminal
   56  possession of stolen property in the second degree as defined by section
       A. 9963                             5
    1  165.52  of  the penal law, criminal possession of stolen property in the
    2  first degree as defined by section 165.54 of the  penal  law,  trademark
    3  counterfeiting  in the second degree as defined in section 165.72 of the
    4  penal  law,  trademark  counterfeiting in the first degree as defined in
    5  section 165.73 of the penal law, forgery in the second degree as defined
    6  in section 170.10 of the penal law,  forgery  in  the  first  degree  as
    7  defined  in  section  170.15  of the penal law, criminal possession of a
    8  forged instrument in the second degree as defined in section  170.25  of
    9  the  penal  law, criminal possession of a forged instrument in the first
   10  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
   11  possession  of forgery devices as defined in section 170.40 of the penal
   12  law, falsifying business records in  the  first  degree  as  defined  in
   13  section  175.10  of  the penal law, tampering with public records in the
   14  first degree as defined in section 175.25 of the penal law,  offering  a
   15  false  instrument  for  filing in the first degree as defined in section
   16  175.35 of the penal law, issuing  a  false  certificate  as  defined  in
   17  section  175.40  of  the  penal  law, criminal diversion of prescription
   18  medications and prescriptions in the second degree as defined in section
   19  178.20 of the penal law, criminal diversion of prescription  medications
   20  and  prescriptions  in  the first degree as defined in section 178.25 of
   21  the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
   22  defined  in  section 187.10 of the penal law, residential mortgage fraud
   23  in the third degree as defined in section 187.15 of the penal law, resi-
   24  dential mortgage fraud in the second degree as defined in section 187.20
   25  of the penal law, residential mortgage fraud  in  the  first  degree  as
   26  defined  in section 187.25 of the penal law, escape in the second degree
   27  as defined in section 205.10 of the  penal  law,  escape  in  the  first
   28  degree  as  defined  in section 205.15 of the penal law, absconding from
   29  temporary release in the first degree as defined in  section  205.17  of
   30  the  penal  law,  promoting  prison  contraband  in  the first degree as
   31  defined in section 205.25 of the penal law, hindering prosecution in the
   32  second degree as defined in section 205.60 of the penal  law,  hindering
   33  prosecution  in  the  first  degree  as defined in section 205.65 of the
   34  penal law, sex trafficking as defined in section  230.34  of  the  penal
   35  law,  criminal  possession of a weapon in the third degree as defined in
   36  subdivisions two, three and five of section 265.02  of  the  penal  law,
   37  criminal  possession  of  a  weapon  in  the second degree as defined in
   38  section 265.03 of the penal law, criminal possession of a weapon in  the
   39  first degree as defined in section 265.04 of the penal law, manufacture,
   40  transport,  disposition  and defacement of weapons and dangerous instru-
   41  ments and appliances defined as felonies in subdivisions one,  two,  and
   42  three  of  section  265.10 of the penal law, sections 265.11, 265.12 and
   43  265.13 of the penal law, [or] prohibited use of weapons  as  defined  in
   44  subdivision two of section 265.35 of the penal law, relating to firearms
   45  and  other  dangerous  weapons, [or] failure to disclose the origin of a
   46  recording in the first degree as defined in section 275.40 of the  penal
   47  law,  OR  CRIMINAL  MANUFACTURE,  SALE,  OR TRANSPORT OF AN UNDETECTABLE
   48  FIREARM AS DEFINED IN SECTION 265.50 OF THE PENAL LAW;
   49    S 8. This act shall take effect on the one hundred eightieth day after
   50  it shall have become a law.