STATE OF NEW YORK
________________________________________________________________________
8717
2017-2018 Regular Sessions
IN ASSEMBLY
October 5, 2017
___________
Introduced by M. of A. FAHY, HEASTIE, LENTOL -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law and the general business law, in relation
to the possession, manufacture or sale of a trigger crank, a bump-fire
device or other firing accelerators
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 265.01 of the penal law is amended by adding a new
2 subdivision 9 to read as follows:
3 (9) A person is guilty of criminal possession of a weapon in the
4 fourth degree when, with knowledge of the character thereof, he
5 possesses a trigger crank, a bump-fire device, or any part, combination
6 of parts, component, device, attachment, or accessory which is designed
7 or functions to accelerate the rate of fire of a semi-automatic rifle in
8 such a way so as to approximate the operation of a machine-gun.
9 § 2. Subdivisions 1 and 2 of section 265.10 of the penal law, as
10 amended by chapter 257 of the laws of 2008, are amended to read as
11 follows:
12 1. Any person who manufactures or causes to be manufactured any
13 machine-gun, assault weapon, large capacity ammunition feeding device or
14 disguised gun is guilty of a class D felony. Any person who manufactures
15 or causes to be manufactured a trigger crank, a bump-fire device, or any
16 part, combination of parts, component, device, attachment, or accessory
17 which is designed or functions to accelerate the rate of fire of a semi-
18 automatic rifle in such a way so as to approximate the operation of a
19 machine-gun is guilty of a class E felony. Any person who manufactures
20 or causes to be manufactured any switchblade knife, gravity knife, pilum
21 ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, plas-
22 tic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag, sand-
23 club or slungshot is guilty of a class A misdemeanor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13595-02-7
A. 8717 2
1 2. Any person who transports or ships any machine-gun, firearm silenc-
2 er, assault weapon or large capacity ammunition feeding device or
3 disguised gun, or who transports or ships as merchandise five or more
4 firearms, is guilty of a class D felony. Any person who transports or
5 ships a trigger crank, a bump-fire device, or any part, combination of
6 parts, component, device, attachment, or accessory which is designed or
7 functions to accelerate the rate of fire of a semi-automatic rifle in
8 such a way so as to approximate the operation of a machine-gun is guilty
9 of a class E felony. Any person who transports or ships as merchandise
10 any firearm, other than an assault weapon, switchblade knife, gravity
11 knife, pilum ballistic knife, billy, blackjack, bludgeon, plastic knuck-
12 les, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is
13 guilty of a class A misdemeanor.
14 § 3. Subdivision 3 of section 897 of the general business law is
15 renumbered subdivision 4 and a new subdivision 3 is added to read as
16 follows:
17 3. No trigger crank, a bump-fire device, or any part, combination of
18 parts, component, device, attachment, or accessory which is designed or
19 functions to accelerate the rate of fire of a semi-automatic rifle in
20 such a way so as to approximate the operation of a machine-gun shall be
21 sold in this state to any person, firm, association or corporation
22 except that nothing in this section shall be construed to forbid the
23 sale of such goods to the state or any political subdivision thereof for
24 a law enforcement agency.
25 § 4. Subdivision 6 of section 898 of the general business law is
26 renumbered subdivision 7 and a new subdivision 6 is added to read as
27 follows:
28 6. No trigger crank, a bump-fire device, or any part, combination of
29 parts, component, device, attachment, or accessory which is designed or
30 functions to accelerate the rate of fire of a semi-automatic rifle in
31 such a way so as to approximate the operation of a machine-gun shall be
32 sold in this state to any person, firm, association or corporation
33 except that nothing in this section shall be construed to forbid the
34 sale of such goods to the state or any political subdivision thereof for
35 a law enforcement agency.
36 § 5. This act shall take effect immediately; provided, however, that
37 section one of this act shall take effect on the one hundred twentieth
38 day after it shall have become a law.