STATE OF NEW YORK
        ________________________________________________________________________

                                          2571

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced by M. of A. LAVINE, JACOBSON -- read once and referred to the
          Committee on Codes

        AN  ACT  to  amend  the  penal law, in relation to unfinished frames and
          receivers

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

     1    Section  1.  Subdivision  8  of  section  265.00  of the penal law, as
     2  amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
     3  follows:
     4    8.  "Gunsmith"  means  any  person,  firm, partnership, corporation or
     5  company who engages in the business of repairing, altering,  assembling,
     6  manufacturing,   cleaning,  polishing,  engraving  or  trueing,  or  who
     7  performs any mechanical operation on, any firearm, large capacity  ammu-
     8  nition feeding device or machine-gun  and shall also include assembling,
     9  manufacturing,  fabricating, building, or fitting together the component
    10  parts of a firearm, rifle or shotgun, regardless of whether the firearm,
    11  rifle or shotgun is intended for personal use, commercial sale,  or  any
    12  other purpose.
    13    §  2.  The opening paragraph of subdivision a of section 265.20 of the
    14  penal law, as separately amended by chapters 130 and 134 of the laws  of
    15  2019, is amended to read as follows:
    16    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
    17  265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02,
    18  265.03,  265.04, 265.05, 265.07, 265.10, 265.11, 265.12, 265.13, 265.15,
    19  265.36, 265.37 and 270.05 shall not apply to:
    20    § 3. Section 265.00 of the penal law is amended by adding a new subdi-
    21  vision 32 to read as follows:
    22    32. "Unfinished frame or receiver" means a  frame  or  receiver  of  a
    23  firearm,  rifle or shotgun whose fire-control cavity is completely solid
    24  and un-machined, and which may readily be made into a  functional  frame
    25  or  receiver  through  milling, drilling or other means and includes any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06676-01-1

        A. 2571                             2

     1  other object, part or combination of parts which  is  not  a  functional
     2  frame  or  receiver  but  is  designed  or  intended to be used for that
     3  purpose and can be readily made into a functional frame or receiver.
     4    § 4. Section 265.01 of the penal law is amended by adding a new subdi-
     5  vision 9 to read as follows:
     6    (9) He or she possesses an unfinished frame or receiver.
     7    §  5.  The penal law is amended by adding a new section 265.07 to read
     8  as follows:
     9  § 265.07 Criminal sale of an unfinished frame or receiver.
    10    A person is guilty of criminal sale of an unfinished frame or receiver
    11  when he or she sells,  exchanges,  gives,  disposes  of,  purchases,  or
    12  otherwise obtains an unfinished frame or receiver.
    13    Criminal sale of an unfinished frame or receiver is a class E felony.
    14    § 6. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law.