STATE OF NEW YORK
        ________________________________________________________________________
                                          5829
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 2, 2017
                                       ___________
        Introduced  by  Sen.  PARKER -- 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  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03328-01-7

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     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    § 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    § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    17  as  amended  by  chapter  368 of the laws of 2015, 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 subdivision
    24  one of section 120.60, strangulation in the second degree as defined  in
    25  section  121.12, rape in the second degree as defined in section 130.30,
    26  criminal sexual act in the second degree as defined in  section  130.45,
    27  sexual abuse in the first degree as defined in section 130.65, course of
    28  sexual  conduct  against  a  child  in  the  second degree as defined in
    29  section 130.80, aggravated sexual abuse in the third degree  as  defined
    30  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    31  substance as defined in section 130.90, labor trafficking as defined  in
    32  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    33  possession of a weapon in the third degree  as  defined  in  subdivision
    34  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    35  a firearm in the third degree as defined in section 265.11, intimidating
    36  a  victim  or witness in the second degree as defined in section 215.16,
    37  soliciting or providing support for an act of terrorism  in  the  second
    38  degree  as defined in section 490.10, and making a terroristic threat as
    39  defined in section 490.20, falsely reporting an incident  in  the  first
    40  degree  as  defined in section 240.60, placing a false bomb or hazardous
    41  substance in the first degree as defined in section  240.62,  placing  a
    42  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    43  transportation facility or enclosed shopping mall as defined in  section
    44  240.63,  [and]  aggravated unpermitted use of indoor pyrotechnics in the
    45  first degree as defined in section  405.18,  and  criminal  manufacture,
    46  sale,  or  transport  of  an  undetectable firearm as defined in section
    47  265.50.
    48    § 5. The opening paragraph  of  paragraph  (c)  of  subdivision  2  of
    49  section  70.02  of the penal law, as amended by chapter 1 of the laws of
    50  2013, is amended to read as follows:
    51    Except as provided in subdivision six of section 60.05,  the  sentence
    52  imposed upon a person who stands convicted of the class D violent felony
    53  offenses  of  criminal  possession  of  a  weapon in the third degree as
    54  defined in subdivision five, seven, eight or  nine  of  section  265.02,
    55  criminal  sale  of  a  firearm in the third degree as defined in section
    56  265.11  [or],  the  class  E  violent  felonies  of  attempted  criminal

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     1  possession  of  a  weapon  in the third degree as defined in subdivision
     2  five, seven, eight or nine of section 265.02, or  criminal  manufacture,
     3  sale,  or  transport  of  an  undetectable firearm as defined in section
     4  265.50  must  be a sentence to a determinate period of imprisonment, or,
     5  in the alternative, a definite sentence of imprisonment for a period  of
     6  no less than one year, except that:
     7    §  6.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
     8  law, as amended by chapter 368 of the laws of 2015, is amended  to  read
     9  as follows:
    10    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
    11  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    12  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
    13  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    14  135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
    15  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    16  140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
    17  145.12 relating to criminal mischief; article one hundred fifty relating
    18  to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
    19  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
    20  care  fraud;  article  one  hundred  sixty relating to robbery; sections
    21  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
    22  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
    23  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
    24  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
    25  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    26  176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
    27  to  criminal  diversion  of  prescription medications and prescriptions;
    28  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    29  200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
    30  215.00,  215.05  and  215.19; sections 187.10, 187.15, 187.20 and 187.25
    31  relating to residential  mortgage  fraud,  sections  190.40  and  190.42
    32  relating  to  criminal  usury;  section  190.65  relating  to schemes to
    33  defraud; any felony defined in article four hundred ninety-six; sections
    34  205.60 and 205.65 relating to hindering  prosecution;  sections  210.10,
    35  210.15,  and  215.51  relating  to  perjury and contempt; section 215.40
    36  relating to tampering with physical evidence; sections  220.06,  220.09,
    37  220.16,  220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,
    38  220.55, 220.60, 220.65 and 220.77  relating  to  controlled  substances;
    39  sections  225.10  and  225.20  relating  to  gambling;  sections 230.25,
    40  230.30, and 230.32 relating to promoting  prostitution;  section  230.34
    41  relating  to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22
    42  relating to obscenity; sections 263.10 and 263.15 relating to  promoting
    43  a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
    44  265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
    45  constitute  a  felony  relating to firearms and other dangerous weapons;
    46  sections 265.14 and 265.16 relating  to  criminal  sale  of  a  firearm;
    47  section  275.10,  275.20,  275.30,  or  275.40  relating to unauthorized
    48  recordings; [and] sections 470.05, 470.10, 470.15 and 470.20 relating to
    49  money laundering; and section 265.50 relating to the  criminal  manufac-
    50  ture, sale, or transport of an undetectable firearm; or
    51    §  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    52  procedure law, as amended by chapter 368 of the laws of 2015, is amended
    53  to read as follows:
    54    (b) Any of the following felonies: assault in  the  second  degree  as
    55  defined  in section 120.05 of the penal law, assault in the first degree
    56  as defined in section 120.10 of the penal law, reckless endangerment  in

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     1  the  first degree as defined in section 120.25 of the penal law, promot-
     2  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
     3  strangulation  in  the second degree as defined in section 121.12 of the
     4  penal  law,  strangulation  in  the  first  degree as defined in section
     5  121.13 of the penal law, criminally negligent  homicide  as  defined  in
     6  section  125.10  of  the penal law, manslaughter in the second degree as
     7  defined in section 125.15 of the penal law, manslaughter  in  the  first
     8  degree  as  defined  in  section  125.20 of the penal law, murder in the
     9  second degree as defined in section 125.25 of the penal law,  murder  in
    10  the first degree as defined in section 125.27 of the penal law, abortion
    11  in  the  second  degree  as  defined in section 125.40 of the penal law,
    12  abortion in the first degree as defined in section 125.45 of  the  penal
    13  law,  rape in the third degree as defined in section 130.25 of the penal
    14  law, rape in the second degree as defined in section 130.30 of the penal
    15  law, rape in the first degree as defined in section 130.35 of the  penal
    16  law,  criminal  sexual  act  in  the  third degree as defined in section
    17  130.40 of the penal law, criminal sexual act in  the  second  degree  as
    18  defined  in  section 130.45 of the penal law, criminal sexual act in the
    19  first degree as defined in section 130.50 of the penal law, sexual abuse
    20  in the first degree as defined in  section  130.65  of  the  penal  law,
    21  unlawful  imprisonment  in the first degree as defined in section 135.10
    22  of the penal law, kidnapping in the second degree as defined in  section
    23  135.20  of  the  penal law, kidnapping in the first degree as defined in
    24  section 135.25 of the penal law, labor trafficking as defined in section
    25  135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
    26  section  135.37  of  the  penal law, custodial interference in the first
    27  degree as defined in section 135.50 of the penal law,  coercion  in  the
    28  first  degree  as  defined  in section 135.65 of the penal law, criminal
    29  trespass in the first degree as defined in section 140.17 of  the  penal
    30  law,  burglary  in  the third degree as defined in section 140.20 of the
    31  penal law, burglary in the second degree as defined in section 140.25 of
    32  the penal law, burglary in the first degree as defined in section 140.30
    33  of the penal law, criminal mischief in the third degree  as  defined  in
    34  section  145.05 of the penal law, criminal mischief in the second degree
    35  as defined in section 145.10 of the penal law, criminal mischief in  the
    36  first  degree  as  defined  in section 145.12 of the penal law, criminal
    37  tampering in the first degree as defined in section 145.20 of the  penal
    38  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    39  penal law, arson in the third degree as defined in section 150.10 of the
    40  penal law, arson in the second degree as defined in  section  150.15  of
    41  the penal law, arson in the first degree as defined in section 150.20 of
    42  the  penal law, grand larceny in the fourth degree as defined in section
    43  155.30 of the penal law, grand larceny in the third degree as defined in
    44  section 155.35 of the penal law, grand larceny in the second  degree  as
    45  defined  in  section 155.40 of the penal law, grand larceny in the first
    46  degree as defined in section 155.42 of the penal law, health care  fraud
    47  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    48  health care fraud in the third degree as defined in  section  177.15  of
    49  the  penal  law,  health  care  fraud in the second degree as defined in
    50  section 177.20 of the penal law, health care fraud in the  first  degree
    51  as  defined  in  section  177.25  of the penal law, robbery in the third
    52  degree as defined in section 160.05 of the penal  law,  robbery  in  the
    53  second  degree as defined in section 160.10 of the penal law, robbery in
    54  the first degree as defined in section 160.15 of the penal law, unlawful
    55  use of secret scientific material as defined in section  165.07  of  the
    56  penal  law,  criminal possession of stolen property in the fourth degree

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     1  as defined in section 165.45 of the penal law,  criminal  possession  of
     2  stolen  property in the third degree as defined in section 165.50 of the
     3  penal law, criminal possession of stolen property in the  second  degree
     4  as  defined  by  section 165.52 of the penal law, criminal possession of
     5  stolen property in the first degree as defined by section 165.54 of  the
     6  penal  law,  trademark counterfeiting in the second degree as defined in
     7  section 165.72 of the penal law, trademark counterfeiting in  the  first
     8  degree  as  defined  in  section 165.73 of the penal law, forgery in the
     9  second degree as defined in section 170.10 of the penal law, forgery  in
    10  the first degree as defined in section 170.15 of the penal law, criminal
    11  possession  of  a  forged  instrument in the second degree as defined in
    12  section 170.25 of the penal law, criminal possession of a forged instru-
    13  ment in the first degree as defined in section 170.30 of the penal  law,
    14  criminal  possession  of forgery devices as defined in section 170.40 of
    15  the penal law, falsifying  business  records  in  the  first  degree  as
    16  defined  in  section  175.10  of  the  penal  law, tampering with public
    17  records in the first degree as defined in section 175.25  of  the  penal
    18  law,  offering  a  false  instrument  for  filing in the first degree as
    19  defined in section 175.35 of the penal law, issuing a false  certificate
    20  as  defined  in  section  175.40 of the penal law, criminal diversion of
    21  prescription medications and  prescriptions  in  the  second  degree  as
    22  defined  in  section  178.20  of  the  penal  law, criminal diversion of
    23  prescription medications  and  prescriptions  in  the  first  degree  as
    24  defined  in  section 178.25 of the penal law, residential mortgage fraud
    25  in the fourth degree as defined in section  187.10  of  the  penal  law,
    26  residential  mortgage  fraud  in  the third degree as defined in section
    27  187.15 of the penal law, residential mortgage fraud in the second degree
    28  as defined in section 187.20 of  the  penal  law,  residential  mortgage
    29  fraud in the first degree as defined in section 187.25 of the penal law,
    30  escape  in  the  second degree as defined in section 205.10 of the penal
    31  law, escape in the first degree as defined  in  section  205.15  of  the
    32  penal  law,  absconding  from  temporary  release in the first degree as
    33  defined in section 205.17 of the penal law, promoting prison  contraband
    34  in  the  first  degree  as  defined  in section 205.25 of the penal law,
    35  hindering prosecution in the second degree as defined in section  205.60
    36  of  the  penal law, hindering prosecution in the first degree as defined
    37  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
    38  section  230.34 of the penal law, criminal possession of a weapon in the
    39  third degree as defined in subdivisions two, three and five  of  section
    40  265.02  of  the penal law, criminal possession of a weapon in the second
    41  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    42  possession  of a weapon in the first degree as defined in section 265.04
    43  of the penal law, manufacture, transport, disposition and defacement  of
    44  weapons  and dangerous instruments and appliances defined as felonies in
    45  subdivisions one, two, and three of section 265.10  of  the  penal  law,
    46  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
    47  of weapons as defined in subdivision two of section 265.35 of the  penal
    48  law,  relating  to firearms and other dangerous weapons, [or] failure to
    49  disclose the origin of a recording in the first  degree  as  defined  in
    50  section  275.40  of  the  penal  law,  or criminal manufacture, sale, or
    51  transport of an undetectable firearm as defined in section 265.50 of the
    52  penal law;
    53    § 8. This act shall take effect on the one hundred eightieth day after
    54  it shall have become a law.