STATE OF NEW YORK
        ________________________________________________________________________

                                          8870

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    December 18, 2019
                                       ___________

        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the general business law, in relation  to  the  sale  of
          unfinished frames or receivers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new article
     2  39-DDDD to read as follows:
     3                               ARTICLE 39-DDDD
     4                   SALE OF UNFINISHED FRAMES OR RECEIVERS
     5  Section 898-f. Definitions.
     6          898-g. Sale of unfinished frames or receivers.
     7    § 898-f. Definitions. For the purposes of this article:
     8    1. "Unfinished frame or receiver" means  a  frame  or  receiver  of  a
     9  firearm,  rifle or shotgun whose fire-control cavity is completely solid
    10  and un-machined, and which may readily be made into a  functional  frame
    11  or  receiver  through  milling, drilling or other means and includes any
    12  other object, part or combination of parts which  is  not  a  functional
    13  frame  or  receiver  but  is  designed  or  intended to be used for that
    14  purpose and can be readily made into a functional frame or receiver.
    15    2. "Firearm" has the same meaning as that term is defined in 18 U.S.C.
    16  921(a)(3).
    17    3. "Rifle" has the same meaning as that term is defined in  18  U.S.C.
    18  921(a)(7).
    19    4. "Shotgun" has the same meaning as that term is defined in 18 U.S.C.
    20  921(a)(5).
    21    § 898-g. Sale of unfinished frames or receivers. 1. In addition to any
    22  other requirements pursuant to state and federal law, all sales, includ-
    23  ing,  but not limited to, sales from online retailers, of any unfinished
    24  frame or receiver shall be conducted in accordance with this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13888-02-9

        A. 8870                             2

     1    2. Before any sale pursuant to this article, a national instant crimi-
     2  nal background check shall be completed by a dealer,  licensed  pursuant
     3  to  section 400.00 of the penal law, who consents to conduct such check,
     4  and upon completion of such background check, shall complete a document,
     5  the  form  of  which  shall  be  approved by the superintendent of state
     6  police, that identifies and confirms  that  such  check  was  performed.
     7  Before  a  dealer  who  consents  to conduct a national instant criminal
     8  background check delivers an unfinished frame or receiver to any person:
     9  either (a) the national instant criminal background check system  (NICS)
    10  or  its  successor shall have issued a "proceed" response to the dealer,
    11  or (b) thirty calendar days shall have elapsed since the date the dealer
    12  contacted NICS to initiate a national instant criminal background  check
    13  and NICS has not notified the dealer that the transfer of the unfinished
    14  frame or receiver to such person should be denied. Such background check
    15  shall  be  conducted  as  if  such  unfinished  frame  or receiver was a
    16  complete firearm, rifle or shotgun of the same model.
    17    3. In addition to the background check required pursuant  to  subdivi-
    18  sion  two  of this section, before a dealer delivers an unfinished frame
    19  or receiver to any person, if such unfinished frame or receiver does not
    20  have a serial number, such dealer shall conspicuously engrave,  cast  or
    21  stamp  such  unfinished  frame or receiver with a serial number the form
    22  and content of which shall be approved by the  superintendent  of  state
    23  police.
    24    4.  All dealers shall maintain a record of such transactions conducted
    25  pursuant to this section and such record  shall  be  maintained  on  the
    26  premises mentioned and described in the license and shall be open at all
    27  reasonable hours for inspection by any peace officer, acting pursuant to
    28  his or her special duties, or police officer.
    29    5.  Any  record produced pursuant to this section and any transmission
    30  thereof to any government agency shall not be considered a public record
    31  for purposes of article six of the public officers law.
    32    6. Any person who knowingly violates the provisions  of  this  article
    33  shall  be  guilty of a class A misdemeanor punishable as provided for in
    34  the penal law.
    35    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    36  have become a law.