S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          381
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04881-01-5
       A. 381                              2
    1  S 265.55 CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM.
    2    A  PERSON  IS GUILTY OF CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM
    3  WHEN HE OR SHE KNOWINGLY POSSESSES AN  UNDETECTABLE  FIREARM,  RIFLE  OR
    4  SHOTGUN  OR  ANY  UNDETECTABLE  MAJOR  COMPONENT OF A FIREARM, RIFLE, OR
    5  SHOTGUN.
    6    CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM IS A CLASS E FELONY.
    7    S 3. The opening paragraph and the opening paragraph of paragraph 1 of
    8  subdivision a of section 265.20 of the penal law, the opening  paragraph
    9  as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
   10  the  opening  paragraph of paragraph 1 as amended by chapter 1041 of the
   11  laws of 1974, are amended to read as follows:
   12    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
   13  265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
   14  265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,  265.37,
   15  265.50, 265.55 and 270.05 shall not apply to:
   16    Possession   of   any  of  the  weapons,  instruments,  appliances  or
   17  substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
   18  265.50, 265.55 and 270.05 by the following:
   19    S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
   20  as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
   21  follows:
   22    (c)  Class  D violent felony offenses: an attempt to commit any of the
   23  class C felonies set forth in paragraph (b); reckless assault of a child
   24  as defined in section 120.02, assault in the second degree as defined in
   25  section 120.05, menacing a police officer or peace officer as defined in
   26  section 120.18, stalking in the first degree[,] as defined  in  subdivi-
   27  sion  one  of  section  120.60,  strangulation  in  the second degree as
   28  defined in section 121.12, rape in  the  second  degree  as  defined  in
   29  section  130.30,  criminal sexual act in the second degree as defined in
   30  section 130.45, sexual abuse in the first degree as defined  in  section
   31  130.65, course of sexual conduct against a child in the second degree as
   32  defined  in  section 130.80, aggravated sexual abuse in the third degree
   33  as defined  in  section  130.66,  facilitating  a  sex  offense  with  a
   34  controlled  substance  as defined in section 130.90, criminal possession
   35  of a weapon in the third degree as defined  in  subdivision  five,  six,
   36  seven,  eight, nine or ten of section 265.02, criminal sale of a firearm
   37  in the third degree as defined in section 265.11, intimidating a  victim
   38  or witness in the second degree as defined in section 215.16, soliciting
   39  or  providing  support  for  an act of terrorism in the second degree as
   40  defined in section 490.10, and making a terroristic threat as defined in
   41  section 490.20, falsely reporting an incident in  the  first  degree  as
   42  defined  in  section 240.60, placing a false bomb or hazardous substance
   43  in the first degree as defined in section 240.62, placing a  false  bomb
   44  or hazardous substance in a sports stadium or arena, mass transportation
   45  facility  or  enclosed shopping mall as defined in section 240.63, [and]
   46  aggravated unpermitted use of indoor pyrotechnics in the first degree as
   47  defined in section 405.18, AND CRIMINAL MANUFACTURE, SALE, OR  TRANSPORT
   48  OF AN UNDETECTABLE FIREARM AS DEFINED IN SECTION 265.50.
   49    S  5.  The  opening  paragraph  of  paragraph  (c) of subdivision 2 of
   50  section 70.02 of the penal law, as amended by chapter 1 of the  laws  of
   51  2013, is amended to read as follows:
   52    Except  as  provided in subdivision six of section 60.05, the sentence
   53  imposed upon a person who stands convicted of the class D violent felony
   54  offenses of criminal possession of a  weapon  in  the  third  degree  as
   55  defined  in  subdivision  five,  seven, eight or nine of section 265.02,
   56  criminal sale of a firearm in the third degree  as  defined  in  section
       A. 381                              3
    1  265.11  [or],  the  class  E  violent  felonies  of  attempted  criminal
    2  possession of a weapon in the third degree  as  defined  in  subdivision
    3  five,  seven,  eight or nine of section 265.02, OR CRIMINAL MANUFACTURE,
    4  SALE,  OR  TRANSPORT  OF  AN  UNDETECTABLE FIREARM AS DEFINED IN SECTION
    5  265.50 must be a sentence to a determinate period of  imprisonment,  or,
    6  in  the alternative, a definite sentence of imprisonment for a period of
    7  no less than one year, except that:
    8    S 6. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    9  law, as amended by chapter 37 of the laws of 2014, is amended to read as
   10  follows:
   11    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
   12  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   13  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
   14  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   15  135.25  relating  to  kidnapping; section 135.35 relating to labor traf-
   16  ficking; section 135.65 relating to coercion;  sections  140.20,  140.25
   17  and  140.30  relating  to  burglary;  sections 145.05, 145.10 and 145.12
   18  relating to criminal mischief; article one  hundred  fifty  relating  to
   19  arson;  sections  155.30,  155.35,  155.40  and 155.42 relating to grand
   20  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
   21  care  fraud;  article  one  hundred  sixty relating to robbery; sections
   22  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
   23  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
   24  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
   25  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
   26  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
   27  176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
   28  to  criminal  diversion  of  prescription medications and prescriptions;
   29  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
   30  200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
   31  215.00,  215.05  and  215.19; sections 187.10, 187.15, 187.20 and 187.25
   32  relating to residential mortgage fraud[,]; sections  190.40  and  190.42
   33  relating  to  criminal  usury;  section  190.65  relating  to schemes to
   34  defraud; any felony defined in article four hundred ninety-six; sections
   35  205.60 and 205.65 relating to hindering  prosecution;  sections  210.10,
   36  210.15,  and  215.51  relating  to  perjury and contempt; section 215.40
   37  relating to tampering with physical evidence; sections  220.06,  220.09,
   38  220.16,  220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,
   39  220.55, 220.60, 220.65 and 220.77  relating  to  controlled  substances;
   40  sections  225.10  and  225.20  relating  to  gambling;  sections 230.25,
   41  230.30, and 230.32 relating to promoting  prostitution;  section  230.34
   42  relating  to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22
   43  relating to obscenity; sections 263.10 and 263.15 relating to  promoting
   44  a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
   45  265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
   46  constitute  a  felony  relating to firearms and other dangerous weapons;
   47  sections 265.14 and 265.16 relating  to  criminal  sale  of  a  firearm;
   48  section  275.10,  275.20,  275.30,  or  275.40  relating to unauthorized
   49  recordings; [and] sections 470.05, 470.10, 470.15 and 470.20 relating to
   50  money laundering; AND SECTION 265.50 RELATING TO THE  CRIMINAL  MANUFAC-
   51  TURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM; or
   52    S  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
   53  procedure law, as amended by chapter 405 of the laws of 2010, is amended
   54  to read as follows:
   55    (b) Any of the following felonies: assault in  the  second  degree  as
   56  defined  in section 120.05 of the penal law, assault in the first degree
       A. 381                              4
    1  as defined in section 120.10 of the penal law, reckless endangerment  in
    2  the  first degree as defined in section 120.25 of the penal law, promot-
    3  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    4  strangulation  in  the second degree as defined in section 121.12 of the
    5  penal law, strangulation in the  first  degree  as  defined  in  section
    6  121.13  of  the  penal  law, criminally negligent homicide as defined in
    7  section 125.10 of the penal law, manslaughter in the  second  degree  as
    8  defined  in  section  125.15 of the penal law, manslaughter in the first
    9  degree as defined in section 125.20 of the  penal  law,  murder  in  the
   10  second  degree  as defined in section 125.25 of the penal law, murder in
   11  the first degree as defined in section 125.27 of the penal law, abortion
   12  in the second degree as defined in section  125.40  of  the  penal  law,
   13  abortion  in  the first degree as defined in section 125.45 of the penal
   14  law, rape in the third degree as defined in section 130.25 of the  penal
   15  law, rape in the second degree as defined in section 130.30 of the penal
   16  law,  rape in the first degree as defined in section 130.35 of the penal
   17  law, criminal sexual act in the  third  degree  as  defined  in  section
   18  130.40  of  the  penal  law, criminal sexual act in the second degree as
   19  defined in section 130.45 of the penal law, criminal sexual act  in  the
   20  first degree as defined in section 130.50 of the penal law, sexual abuse
   21  in  the  first  degree  as  defined  in section 130.65 of the penal law,
   22  unlawful imprisonment in the first degree as defined in  section  135.10
   23  of  the penal law, kidnapping in the second degree as defined in section
   24  135.20 of the penal law, kidnapping in the first degree  as  defined  in
   25  section 135.25 of the penal law, labor trafficking as defined in section
   26  135.35  of  the penal law, custodial interference in the first degree as
   27  defined in section 135.50 of the penal law, coercion in the first degree
   28  as defined in section 135.65 of the penal law, criminal trespass in  the
   29  first  degree as defined in section 140.17 of the penal law, burglary in
   30  the third degree as defined in section 140.20 of the penal law, burglary
   31  in the second degree as defined in section  140.25  of  the  penal  law,
   32  burglary  in  the first degree as defined in section 140.30 of the penal
   33  law, criminal mischief in the third degree as defined in section  145.05
   34  of  the  penal law, criminal mischief in the second degree as defined in
   35  section 145.10 of the penal law, criminal mischief in the  first  degree
   36  as defined in section 145.12 of the penal law, criminal tampering in the
   37  first degree as defined in section 145.20 of the penal law, arson in the
   38  fourth  degree  as  defined in section 150.05 of the penal law, arson in
   39  the third degree as defined in section 150.10 of the penal law, arson in
   40  the second degree as defined in section 150.15 of the penal  law,  arson
   41  in the first degree as defined in section 150.20 of the penal law, grand
   42  larceny  in  the fourth degree as defined in section 155.30 of the penal
   43  law, grand larceny in the third degree as defined in section  155.35  of
   44  the  penal law, grand larceny in the second degree as defined in section
   45  155.40 of the penal law, grand larceny in the first degree as defined in
   46  section 155.42 of the penal law, health care fraud in the fourth  degree
   47  as  defined in section 177.10 of the penal law, health care fraud in the
   48  third degree as defined in section 177.15 of the penal law, health  care
   49  fraud  in  the  second  degree as defined in section 177.20 of the penal
   50  law, health care fraud in the first degree as defined in section  177.25
   51  of  the  penal  law,  robbery  in the third degree as defined in section
   52  160.05 of the penal law, robbery in the  second  degree  as  defined  in
   53  section  160.10 of the penal law, robbery in the first degree as defined
   54  in section 160.15 of the penal law, unlawful use  of  secret  scientific
   55  material  as  defined  in  section  165.07  of  the  penal law, criminal
   56  possession of stolen property in the fourth degree as defined in section
       A. 381                              5
    1  165.45 of the penal law, criminal possession of stolen property  in  the
    2  third  degree  as  defined  in section 165.50 of the penal law, criminal
    3  possession of stolen property in the second degree as defined by section
    4  165.52  of  the penal law, criminal possession of stolen property in the
    5  first degree as defined by section 165.54 of the  penal  law,  trademark
    6  counterfeiting  in the second degree as defined in section 165.72 of the
    7  penal law, trademark counterfeiting in the first degree  as  defined  in
    8  section 165.73 of the penal law, forgery in the second degree as defined
    9  in  section  170.10  of  the  penal  law, forgery in the first degree as
   10  defined in section 170.15 of the penal law,  criminal  possession  of  a
   11  forged  instrument  in the second degree as defined in section 170.25 of
   12  the penal law, criminal possession of a forged instrument in  the  first
   13  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
   14  possession of forgery devices as defined in section 170.40 of the  penal
   15  law,  falsifying  business  records  in  the  first degree as defined in
   16  section 175.10 of the penal law, tampering with public  records  in  the
   17  first  degree  as defined in section 175.25 of the penal law, offering a
   18  false instrument for filing in the first degree as  defined  in  section
   19  175.35  of  the  penal  law,  issuing  a false certificate as defined in
   20  section 175.40 of the penal  law,  criminal  diversion  of  prescription
   21  medications and prescriptions in the second degree as defined in section
   22  178.20  of the penal law, criminal diversion of prescription medications
   23  and prescriptions in the first degree as defined in  section  178.25  of
   24  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
   25  defined in section 187.10 of the penal law, residential  mortgage  fraud
   26  in the third degree as defined in section 187.15 of the penal law, resi-
   27  dential mortgage fraud in the second degree as defined in section 187.20
   28  of  the  penal  law,  residential  mortgage fraud in the first degree as
   29  defined in section 187.25 of the penal law, escape in the second  degree
   30  as  defined  in  section  205.10  of  the penal law, escape in the first
   31  degree as defined in section 205.15 of the penal  law,  absconding  from
   32  temporary  release  in  the first degree as defined in section 205.17 of
   33  the penal law, promoting  prison  contraband  in  the  first  degree  as
   34  defined in section 205.25 of the penal law, hindering prosecution in the
   35  second  degree  as defined in section 205.60 of the penal law, hindering
   36  prosecution in the first degree as defined  in  section  205.65  of  the
   37  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
   38  law, criminal possession of a weapon in the third degree as  defined  in
   39  subdivisions  two,  three  and  five of section 265.02 of the penal law,
   40  criminal possession of a weapon in  the  second  degree  as  defined  in
   41  section  265.03 of the penal law, criminal possession of a weapon in the
   42  first degree as defined in section 265.04 of the penal law, manufacture,
   43  transport, disposition and defacement of weapons and  dangerous  instru-
   44  ments  and  appliances defined as felonies in subdivisions one, two, and
   45  three of section 265.10 of the penal law, sections  265.11,  265.12  and
   46  265.13  of  the  penal law, [or] prohibited use of weapons as defined in
   47  subdivision two of section 265.35 of the penal law, relating to firearms
   48  and other dangerous weapons, [or] failure to disclose the  origin  of  a
   49  recording  in the first degree as defined in section 275.40 of the penal
   50  law, OR CRIMINAL MANUFACTURE, SALE,  OR  TRANSPORT  OF  AN  UNDETECTABLE
   51  FIREARM AS DEFINED IN SECTION 265.50 OF THE PENAL LAW;
   52    S 8. This act shall take effect on the one hundred eightieth day after
   53  it shall have become a law.