STATE OF NEW YORK
        ________________________________________________________________________
                                         7623--A
                    IN SENATE
                                      May 11, 2016
                                       ___________
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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    §  2.  The  penal law is amended by adding two new sections 265.50 and
    11  265.55 to read as follows:
    12  § 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  § 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
    27  shotgun or any undetectable major component  of  a  firearm,  rifle,  or
    28  shotgun.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15310-03-6

        S. 7623--A                          2
     1    Criminal possession of an undetectable firearm is a class E felony.
     2    § 3. The opening paragraph and the opening paragraph of paragraph 1 of
     3  subdivision  a of section 265.20 of the penal law, the opening paragraph
     4  as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
     5  the opening paragraph of paragraph 1 as amended by chapter 1041  of  the
     6  laws of 1974, are amended to read as follows:
     7    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
     8  265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
     9  265.04,  265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37,
    10  265.50, 265.55 and 270.05 shall not apply to:
    11    Possession  of  any  of  the  weapons,  instruments,   appliances   or
    12  substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
    13  265.50, 265.55 and 270.05 by the following:
    14    § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    15  as  amended  by  chapter  368 of the laws of 2015, is amended to read as
    16  follows:
    17    (c) Class D violent felony offenses: an attempt to commit any  of  the
    18  class C felonies set forth in paragraph (b); reckless assault of a child
    19  as defined in section 120.02, assault in the second degree as defined in
    20  section 120.05, menacing a police officer or peace officer as defined in
    21  section  120.18, stalking in the first degree, as defined in subdivision
    22  one of section 120.60, strangulation in the second degree as defined  in
    23  section  121.12, rape in the second degree as defined in section 130.30,
    24  criminal sexual act in the second degree as defined in  section  130.45,
    25  sexual abuse in the first degree as defined in section 130.65, course of
    26  sexual  conduct  against  a  child  in  the  second degree as defined in
    27  section 130.80, aggravated sexual abuse in the third degree  as  defined
    28  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    29  substance as defined in section 130.90, labor trafficking as defined  in
    30  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    31  possession of a weapon in the third degree  as  defined  in  subdivision
    32  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    33  a firearm in the third degree as defined in section 265.11, intimidating
    34  a  victim  or witness in the second degree as defined in section 215.16,
    35  soliciting or providing support for an act of terrorism  in  the  second
    36  degree  as defined in section 490.10, and making a terroristic threat as
    37  defined in section 490.20, falsely reporting an incident  in  the  first
    38  degree  as  defined in section 240.60, placing a false bomb or hazardous
    39  substance in the first degree as defined in section  240.62,  placing  a
    40  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    41  transportation facility or enclosed shopping mall as defined in  section
    42  240.63,  [and]  aggravated unpermitted use of indoor pyrotechnics in the
    43  first degree as defined in section  405.18,  and  criminal  manufacture,
    44  sale,  or  transport  of  an  undetectable firearm as defined in section
    45  265.50.
    46    § 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,

        S. 7623--A                          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    §  6.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
     6  law, as amended by chapter 368 of the laws of 2015, is amended  to  read
     7  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; sections 135.35 and 135.37 relating to
    13  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    14  140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
    15  145.12 relating to criminal mischief; article one hundred fifty relating
    16  to  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, 220.65 and 220.77  relating  to  controlled  substances;
    37  sections  225.10  and  225.20  relating  to  gambling;  sections 230.25,
    38  230.30, and 230.32 relating to promoting  prostitution;  section  230.34
    39  relating  to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22
    40  relating to obscenity; sections 263.10 and 263.15 relating to  promoting
    41  a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
    42  265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
    43  constitute  a  felony  relating to firearms and other dangerous weapons;
    44  sections 265.14 and 265.16 relating  to  criminal  sale  of  a  firearm;
    45  section  275.10,  275.20,  275.30,  or  275.40  relating to unauthorized
    46  recordings; [and] sections 470.05, 470.10, 470.15 and 470.20 relating to
    47  money laundering; and section 265.50 relating to the  criminal  manufac-
    48  ture, sale, or transport of an undetectable firearm; or
    49    §  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    50  procedure law, as amended by chapter 368 of the laws of 2015, 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,

        S. 7623--A                          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, aggravated  labor  trafficking  as  defined  in
    24  section  135.37  of  the  penal law, custodial interference in the first
    25  degree as defined in section 135.50 of the penal law,  coercion  in  the
    26  first  degree  as  defined  in section 135.65 of the penal law, criminal
    27  trespass in the first degree as defined in section 140.17 of  the  penal
    28  law,  burglary  in  the third degree as defined in section 140.20 of the
    29  penal law, burglary in the second degree as defined in section 140.25 of
    30  the penal law, burglary in the first degree as defined in section 140.30
    31  of the penal law, criminal mischief in the third degree  as  defined  in
    32  section  145.05 of the penal law, criminal mischief in the second degree
    33  as defined in section 145.10 of the penal law, criminal mischief in  the
    34  first  degree  as  defined  in section 145.12 of the penal law, criminal
    35  tampering in the first degree as defined in section 145.20 of the  penal
    36  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    37  penal law, arson in the third degree as defined in section 150.10 of the
    38  penal law, arson in the second degree as defined in  section  150.15  of
    39  the penal law, arson in the first degree as defined in section 150.20 of
    40  the  penal law, grand larceny in the fourth degree as defined in section
    41  155.30 of the penal law, grand larceny in the third degree as defined in
    42  section 155.35 of the penal law, grand larceny in the second  degree  as
    43  defined  in  section 155.40 of the penal law, grand larceny in the first
    44  degree as defined in section 155.42 of the penal law, health care  fraud
    45  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    46  health care fraud in the third degree as defined in  section  177.15  of
    47  the  penal  law,  health  care  fraud in the second degree as defined in
    48  section 177.20 of the penal law, health care fraud in the  first  degree
    49  as  defined  in  section  177.25  of the penal law, robbery in the third
    50  degree as defined in section 160.05 of the penal  law,  robbery  in  the
    51  second  degree as defined in section 160.10 of the penal law, robbery in
    52  the first degree as defined in section 160.15 of the penal law, unlawful
    53  use of secret scientific material as defined in section  165.07  of  the
    54  penal  law,  criminal possession of stolen property in the fourth degree
    55  as defined in section 165.45 of the penal law,  criminal  possession  of
    56  stolen  property in the third degree as defined in section 165.50 of the

        S. 7623--A                          5
     1  penal law, criminal possession of stolen property in the  second  degree
     2  as  defined  by  section 165.52 of the penal law, criminal possession of
     3  stolen property in the first degree as defined by section 165.54 of  the
     4  penal  law,  trademark counterfeiting in the second degree as defined in
     5  section 165.72 of the penal law, trademark counterfeiting in  the  first
     6  degree  as  defined  in  section 165.73 of the penal law, forgery in the
     7  second degree as defined in section 170.10 of the penal law, forgery  in
     8  the first degree as defined in section 170.15 of the penal law, criminal
     9  possession  of  a  forged  instrument in the second degree as defined in
    10  section 170.25 of the penal law, criminal possession of a forged instru-
    11  ment in the first degree as defined in section 170.30 of the penal  law,
    12  criminal  possession  of forgery devices as defined in section 170.40 of
    13  the penal law, falsifying  business  records  in  the  first  degree  as
    14  defined  in  section  175.10  of  the  penal  law, tampering with public
    15  records in the first degree as defined in section 175.25  of  the  penal
    16  law,  offering  a  false  instrument  for  filing in the first degree as
    17  defined in section 175.35 of the penal law, issuing a false  certificate
    18  as  defined  in  section  175.40 of the penal law, criminal diversion of
    19  prescription medications and  prescriptions  in  the  second  degree  as
    20  defined  in  section  178.20  of  the  penal  law, criminal diversion of
    21  prescription medications  and  prescriptions  in  the  first  degree  as
    22  defined  in  section 178.25 of the penal law, residential mortgage fraud
    23  in the fourth degree as defined in section  187.10  of  the  penal  law,
    24  residential  mortgage  fraud  in  the third degree as defined in section
    25  187.15 of the penal law, residential mortgage fraud in the second degree
    26  as defined in section 187.20 of  the  penal  law,  residential  mortgage
    27  fraud in the first degree as defined in section 187.25 of the penal law,
    28  escape  in  the  second degree as defined in section 205.10 of the penal
    29  law, escape in the first degree as defined  in  section  205.15  of  the
    30  penal  law,  absconding  from  temporary  release in the first degree as
    31  defined in section 205.17 of the penal law, promoting prison  contraband
    32  in  the  first  degree  as  defined  in section 205.25 of the penal law,
    33  hindering prosecution in the second degree as defined in section  205.60
    34  of  the  penal law, hindering prosecution in the first degree as defined
    35  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
    36  section  230.34 of the penal law, criminal possession of a weapon in the
    37  third degree as defined in subdivisions two, three and five  of  section
    38  265.02  of  the penal law, criminal possession of a weapon in the second
    39  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    40  possession  of a weapon in the first degree as defined in section 265.04
    41  of the penal law, manufacture, transport, disposition and defacement  of
    42  weapons  and dangerous instruments and appliances defined as felonies in
    43  subdivisions one, two, and three of section 265.10  of  the  penal  law,
    44  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
    45  of weapons as defined in subdivision two of section 265.35 of the  penal
    46  law,  relating  to firearms and other dangerous weapons, [or] failure to
    47  disclose the origin of a recording in the first  degree  as  defined  in
    48  section  275.40  of  the  penal  law,  or criminal manufacture, sale, or
    49  transport of an undetectable firearm as defined in section 265.50 of the
    50  penal law;
    51    § 8. This act shall take effect on the one hundred eightieth day after
    52  it shall have become a law.