STATE OF NEW YORK
        ________________________________________________________________________
                                          7623
                    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
        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  three
     2  new subdivisions 3-a, 26 and 27 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 as detectable as the security exemplar by
     7  an  X-ray  machine,  portable  pulsed X-ray generator, metal detector or
     8  magnetometer, or by any other detection device,  when  set  at  standard
     9  calibration, commonly used at airports to screen or inspect a person and
    10  an object for a firearm, rifle, or shotgun.
    11    27. "Security exemplar" means an object constructed in accordance with
    12  federal law that is 3.7 ounces of material type 17-4 precipitation hard-
    13  ening  stainless steel in a shape resembling a firearm, and suitable for
    14  testing and calibrating metal detectors.
    15    § 2. The penal law is amended by adding two new  sections  265.50  and
    16  265.55 to read as follows:
    17  § 265.50 Criminal  manufacture,  sale,  or  transport of an undetectable
    18             firearm.
    19    A person is guilty of criminal manufacture, sale, or transport  of  an
    20  undetectable firearm when he or she knowingly manufactures, causes to be
    21  manufactured,  sells,  exchanges, gives, disposes of, transports, ships,
    22  or possesses with the intent to sell:
    23    1. any firearm, rifle, or shotgun that, after removal of grips, stocks
    24  and magazines, is undetectable; or
    25    2. any major component of a firearm, rifle, or shotgun which is  unde-
    26  tectable.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15310-02-6

        S. 7623                             2
     1    Criminal manufacture, sale, or transport of an undetectable firearm is
     2  a class D felony.
     3  § 265.55 Criminal possession of an undetectable firearm.
     4    A  person  is guilty of criminal possession of an undetectable firearm
     5  when he or she knowingly possesses an  undetectable  firearm,  rifle  or
     6  shotgun  or  any  undetectable  major  component of a firearm, rifle, or
     7  shotgun.
     8    Criminal possession of an undetectable firearm is a class E felony.
     9    § 3. The opening paragraph of subdivision a and the opening  paragraph
    10  of  paragraph 1 of subdivision a of section 265.20 of the penal law, the
    11  opening paragraph of subdivision a as amended by section 1 of part FF of
    12  chapter 57 of the laws of 2013 and the opening paragraph of paragraph  1
    13  of  subdivision  a  as  amended by chapter 1041 of the laws of 1974, are
    14  amended to read as follows:
    15    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
    16  265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
    17  265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,  265.37,
    18  265.50, 265.55 and 270.05 shall not apply to:
    19    Possession   of   any  of  the  weapons,  instruments,  appliances  or
    20  substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
    21  265.50, 265.55 and 270.05 by the following:
    22    § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    23  as amended by chapter 368 of the laws of 2015, is  amended  to  read  as
    24  follows:
    25    (c)  Class  D violent felony offenses: an attempt to commit any of the
    26  class C felonies set forth in paragraph (b); reckless assault of a child
    27  as defined in section 120.02, assault in the second degree as defined in
    28  section 120.05, menacing a police officer or peace officer as defined in
    29  section 120.18, stalking in the first degree, as defined in  subdivision
    30  one  of section 120.60, strangulation in the second degree as defined in
    31  section 121.12, rape in the second degree as defined in section  130.30,
    32  criminal  sexual  act in the second degree as defined in section 130.45,
    33  sexual abuse in the first degree as defined in section 130.65, course of
    34  sexual conduct against a child  in  the  second  degree  as  defined  in
    35  section  130.80,  aggravated sexual abuse in the third degree as defined
    36  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    37  substance  as defined in section 130.90, labor trafficking as defined in
    38  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    39  possession  of  a  weapon  in the third degree as defined in subdivision
    40  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    41  a firearm in the third degree as defined in section 265.11, intimidating
    42  a victim or witness in the second degree as defined in  section  215.16,
    43  soliciting  or  providing  support for an act of terrorism in the second
    44  degree as defined in section 490.10, and making a terroristic threat  as
    45  defined  in  section  490.20, falsely reporting an incident in the first
    46  degree as defined in section 240.60, placing a false bomb  or  hazardous
    47  substance  in  the  first degree as defined in section 240.62, placing a
    48  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    49  transportation  facility or enclosed shopping mall as defined in section
    50  240.63, [and] aggravated unpermitted use of indoor pyrotechnics  in  the
    51  first  degree  as  defined  in section 405.18, and criminal manufacture,
    52  sale, or transport of an undetectable  firearm  as  defined  in  section
    53  265.50.
    54    §  5.  The  opening  paragraph  of  paragraph  (c) of subdivision 2 of
    55  section 70.02 of the penal law, as amended by chapter 1 of the  laws  of
    56  2013, is amended to read as follows:

        S. 7623                             3
     1    Except  as  provided in subdivision six of section 60.05, the sentence
     2  imposed upon a person who stands convicted of the class D violent felony
     3  offenses of criminal possession of a  weapon  in  the  third  degree  as
     4  defined  in  subdivision  five,  seven, eight or nine of section 265.02,
     5  criminal  sale  of  a  firearm in the third degree as defined in section
     6  265.11  [or],  the  class  E  violent  felonies  of  attempted  criminal
     7  possession  of  a  weapon  in the third degree as defined in subdivision
     8  five, seven, eight or nine of section 265.02, or  criminal  manufacture,
     9  sale,  or  transport  of  an  undetectable firearm as defined in section
    10  265.50 must be a sentence to a determinate period of  imprisonment,  or,
    11  in  the alternative, a definite sentence of imprisonment for a period of
    12  no less than one year, except that:
    13    § 6. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    14  law,  as  amended by chapter 368 of the laws of 2015, is amended to read
    15  as follows:
    16    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    17  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    18  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
    19  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    20  135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
    21  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    22  140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
    23  145.12 relating to criminal mischief; article one hundred fifty relating
    24  to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
    25  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
    26  care fraud; article one hundred  sixty  relating  to  robbery;  sections
    27  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
    28  stolen property; sections 165.72 and 165.73 relating to trademark  coun-
    29  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
    30  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    31  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    32  176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
    33  to criminal diversion of  prescription  medications  and  prescriptions;
    34  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    35  200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
    36  215.00, 215.05 and 215.19; sections 187.10, 187.15,  187.20  and  187.25
    37  relating  to  residential  mortgage  fraud,  sections  190.40 and 190.42
    38  relating to criminal  usury;  section  190.65  relating  to  schemes  to
    39  defraud; any felony defined in article four hundred ninety-six; sections
    40  205.60  and  205.65  relating to hindering prosecution; sections 210.10,
    41  210.15, and 215.51 relating to  perjury  and  contempt;  section  215.40
    42  relating  to  tampering with physical evidence; sections 220.06, 220.09,
    43  220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43,  220.46,
    44  220.55,  220.60,  220.65  and  220.77 relating to controlled substances;
    45  sections 225.10  and  225.20  relating  to  gambling;  sections  230.25,
    46  230.30,  and  230.32  relating to promoting prostitution; section 230.34
    47  relating to sex trafficking; sections 235.06, 235.07, 235.21 and  235.22
    48  relating  to obscenity; sections 263.10 and 263.15 relating to promoting
    49  a sexual performance  by  a  child;  sections  265.02,  265.03,  265.04,
    50  265.11,  265.12,  265.13  and  the  provisions  of  section 265.10 which
    51  constitute a felony relating to firearms and  other  dangerous  weapons;
    52  sections  265.14  and  265.16  relating  to  criminal sale of a firearm;
    53  section 275.10, 275.20,  275.30,  or  275.40  relating  to  unauthorized
    54  recordings; [and] sections 470.05, 470.10, 470.15 and 470.20 relating to
    55  money  laundering;  and section 265.50 relating to the criminal manufac-
    56  ture, sale, or transport of an undetectable firearm; or

        S. 7623                             4
     1    § 7. Paragraph (b) of subdivision 8 of section 700.05 of the  criminal
     2  procedure law, as amended by chapter 368 of the laws of 2015, is amended
     3  to read as follows:
     4    (b)  Any  of  the  following felonies: assault in the second degree as
     5  defined in section 120.05 of the penal law, assault in the first  degree
     6  as  defined in section 120.10 of the penal law, reckless endangerment in
     7  the first degree as defined in section 120.25 of the penal law,  promot-
     8  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
     9  strangulation in the second degree as defined in section 121.12  of  the
    10  penal  law,  strangulation  in  the  first  degree as defined in section
    11  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    12  section  125.10  of  the penal law, manslaughter in the second degree as
    13  defined in section 125.15 of the penal law, manslaughter  in  the  first
    14  degree  as  defined  in  section  125.20 of the penal law, murder in the
    15  second degree as defined in section 125.25 of the penal law,  murder  in
    16  the first degree as defined in section 125.27 of the penal law, abortion
    17  in  the  second  degree  as  defined in section 125.40 of the penal law,
    18  abortion in the first degree as defined in section 125.45 of  the  penal
    19  law,  rape in the third degree as defined in section 130.25 of the penal
    20  law, rape in the second degree as defined in section 130.30 of the penal
    21  law, rape in the first degree as defined in section 130.35 of the  penal
    22  law,  criminal  sexual  act  in  the  third degree as defined in section
    23  130.40 of the penal law, criminal sexual act in  the  second  degree  as
    24  defined  in  section 130.45 of the penal law, criminal sexual act in the
    25  first degree as defined in section 130.50 of the penal law, sexual abuse
    26  in the first degree as defined in  section  130.65  of  the  penal  law,
    27  unlawful  imprisonment  in the first degree as defined in section 135.10
    28  of the penal law, kidnapping in the second degree as defined in  section
    29  135.20  of  the  penal law, kidnapping in the first degree as defined in
    30  section 135.25 of the penal law, labor trafficking as defined in section
    31  135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
    32  section  135.37  of  the  penal law, custodial interference in the first
    33  degree as defined in section 135.50 of the penal law,  coercion  in  the
    34  first  degree  as  defined  in section 135.65 of the penal law, criminal
    35  trespass in the first degree as defined in section 140.17 of  the  penal
    36  law,  burglary  in  the third degree as defined in section 140.20 of the
    37  penal law, burglary in the second degree as defined in section 140.25 of
    38  the penal law, burglary in the first degree as defined in section 140.30
    39  of the penal law, criminal mischief in the third degree  as  defined  in
    40  section  145.05 of the penal law, criminal mischief in the second degree
    41  as defined in section 145.10 of the penal law, criminal mischief in  the
    42  first  degree  as  defined  in section 145.12 of the penal law, criminal
    43  tampering in the first degree as defined in section 145.20 of the  penal
    44  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    45  penal law, arson in the third degree as defined in section 150.10 of the
    46  penal law, arson in the second degree as defined in  section  150.15  of
    47  the penal law, arson in the first degree as defined in section 150.20 of
    48  the  penal law, grand larceny in the fourth degree as defined in section
    49  155.30 of the penal law, grand larceny in the third degree as defined in
    50  section 155.35 of the penal law, grand larceny in the second  degree  as
    51  defined  in  section 155.40 of the penal law, grand larceny in the first
    52  degree as defined in section 155.42 of the penal law, health care  fraud
    53  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    54  health care fraud in the third degree as defined in  section  177.15  of
    55  the  penal  law,  health  care  fraud in the second degree as defined in
    56  section 177.20 of the penal law, health care fraud in the  first  degree

        S. 7623                             5
     1  as  defined  in  section  177.25  of the penal law, robbery in the third
     2  degree as defined in section 160.05 of the penal  law,  robbery  in  the
     3  second  degree as defined in section 160.10 of the penal law, robbery in
     4  the first degree as defined in section 160.15 of the penal law, unlawful
     5  use  of  secret  scientific material as defined in section 165.07 of the
     6  penal law, criminal possession of stolen property in the  fourth  degree
     7  as  defined  in  section 165.45 of the penal law, criminal possession of
     8  stolen property in the third degree as defined in section 165.50 of  the
     9  penal  law,  criminal possession of stolen property in the second degree
    10  as defined by section 165.52 of the penal law,  criminal  possession  of
    11  stolen  property in the first degree as defined by section 165.54 of the
    12  penal law, trademark counterfeiting in the second degree as  defined  in
    13  section  165.72  of the penal law, trademark counterfeiting in the first
    14  degree as defined in section 165.73 of the penal  law,  forgery  in  the
    15  second  degree as defined in section 170.10 of the penal law, forgery in
    16  the first degree as defined in section 170.15 of the penal law, criminal
    17  possession of a forged instrument in the second  degree  as  defined  in
    18  section 170.25 of the penal law, criminal possession of a forged instru-
    19  ment  in the first degree as defined in section 170.30 of the penal law,
    20  criminal possession of forgery devices as defined in section  170.40  of
    21  the  penal  law,  falsifying  business  records  in  the first degree as
    22  defined in section 175.10  of  the  penal  law,  tampering  with  public
    23  records  in  the  first degree as defined in section 175.25 of the penal
    24  law, offering a false instrument for  filing  in  the  first  degree  as
    25  defined  in section 175.35 of the penal law, issuing a false certificate
    26  as defined in section 175.40 of the penal  law,  criminal  diversion  of
    27  prescription  medications  and  prescriptions  in  the  second degree as
    28  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
    29  prescription  medications  and  prescriptions  in  the  first  degree as
    30  defined in section 178.25 of the penal law, residential  mortgage  fraud
    31  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
    32  residential mortgage fraud in the third degree  as  defined  in  section
    33  187.15 of the penal law, residential mortgage fraud in the second degree
    34  as  defined  in  section  187.20  of the penal law, residential mortgage
    35  fraud in the first degree as defined in section 187.25 of the penal law,
    36  escape in the second degree as defined in section 205.10  of  the  penal
    37  law,  escape  in  the  first  degree as defined in section 205.15 of the
    38  penal law, absconding from temporary release  in  the  first  degree  as
    39  defined  in section 205.17 of the penal law, promoting prison contraband
    40  in the first degree as defined in  section  205.25  of  the  penal  law,
    41  hindering  prosecution in the second degree as defined in section 205.60
    42  of the penal law, hindering prosecution in the first degree  as  defined
    43  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
    44  section 230.34 of the penal law, criminal possession of a weapon in  the
    45  third  degree  as defined in subdivisions two, three and five of section
    46  265.02 of the penal law, criminal possession of a weapon in  the  second
    47  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    48  possession of a weapon in the first degree as defined in section  265.04
    49  of  the penal law, manufacture, transport, disposition and defacement of
    50  weapons and dangerous instruments and appliances defined as felonies  in
    51  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
    52  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
    53  of  weapons as defined in subdivision two of section 265.35 of the penal
    54  law, relating to firearms and other dangerous weapons, [or]  failure  to
    55  disclose  the  origin  of  a recording in the first degree as defined in
    56  section 275.40 of the penal  law,  or  criminal  manufacture,  sale,  or

        S. 7623                             6
     1  transport of an undetectable firearm as defined in section 265.50 of the
     2  penal law;
     3    § 8. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.