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.