STATE OF NEW YORK
________________________________________________________________________
8786
IN ASSEMBLY
January 12, 2022
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to criminalizing the sale of
ghost guns
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 9 of section 265.01 of the penal law, as added
2 by a chapter of the laws of 2021 amending the penal law relating to
3 enacting the Jose Webster untraceable firearms act, as proposed in
4 legislative bills numbers S. 14-A and A. 613-A, is amended to read as
5 follows:
6 (9) Such person is not [required to be a gunsmith] licensed as a
7 gunsmith or a dealer in firearms pursuant to section 400.00 of this
8 chapter and, knowing it is a ghost gun, such person possesses a ghost
9 gun, provided that a person shall not be guilty under this subdivision
10 when he or she (a) voluntarily surrenders such ghost gun to any law
11 enforcement official designated pursuant to subparagraph (f) of para-
12 graph one of subdivision (a) of section 265.20 of this article; or (b)
13 for a period of six months after the effective date of this section
14 possesses a ghost gun prior to serialization and registration of such
15 ghost gun pursuant to section 265.07 of this article.
16 § 2. Section 265.07 of the penal law, as added by a chapter of the
17 laws of 2021 amending the penal law relating to enacting the Jose
18 Webster untraceable firearms act, as proposed in legislative bills
19 numbers S. 14-A and A. 613-A, is amended to read as follows:
20 § 265.07 Registration and serialization of firearms, rifles, shotguns,
21 finished frames or receivers, and unfinished frames or
22 receivers.
23 (1) For the purposes of this section, "unfinished frame or receiver"
24 means any unserialized material that does not constitute the frame or
25 receiver of a firearm, rifle or shotgun but that has been shaped or
26 formed in any way for the purpose of becoming the frame or receiver of a
27 firearm, rifle or shotgun, and which may readily be made into a func-
28 tional frame or receiver through milling, drilling or other means. [The
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00324-16-2
A. 8786 2
1 term shall not include material that has had its size or external shape
2 altered to facilitate transportation or storage or has had its chemical
3 composition altered.]
4 (2) On or before the effective date of this section, and promptly upon
5 taking possession thereof at any time thereafter, any person licensed as
6 a gunsmith, or required to be [a gunsmith licensed], or a dealer in
7 firearms pursuant to section 400.00 of this chapter, who is in
8 possession of an unserialized firearm, rifle, shotgun, finished frame or
9 receiver, or unfinished frame or receiver shall:
10 (a) engrave, cast, stamp or otherwise conspicuously place both a
11 unique serial number and his or her name (or recognized abbreviation) on
12 such firearm, rifle, shotgun, finished frame or receiver, or unfinished
13 frame or receiver, in a manner that satisfies or exceeds the require-
14 ments imposed on licensed importers and manufacturers pursuant to
15 section (i) of Section 923 of Title 18 of the United States Code and
16 regulations issued pursuant thereto at the time of such assembly; and
17 (b) register with the division of [state police] criminal justice
18 services in accordance with regulations promulgated by such division any
19 such firearm, rifle or shotgun, finished frame or receiver, or unfin-
20 ished frame or receiver.
21 Any person licensed as a gunsmith, or required to be [a gunsmith
22 licensed], or a dealer in firearms pursuant to section 400.00 of this
23 chapter who fails to comply with the provisions of this section shall be
24 guilty of a class E felony.
25 § 3. This act shall take effect on the same date and in the same
26 manner as a chapter of the laws of 2021 amending the penal law relating
27 to enacting the Jose Webster untraceable firearms act, as proposed in
28 legislative bills numbers S. 14-A and A. 613-A, takes effect.