STATE OF NEW YORK
        ________________________________________________________________________

                                          10557

                   IN ASSEMBLY

                                      July 6, 2022
                                       ___________

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

        AN ACT to amend the penal law and the general business law, in  relation
          to requiring firearms, rifles and shotguns to be manufactured or modi-
          fied  to  be  permanently  incompatible with a rapid-fire modification
          device

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

     1    Section 1. Subdivisions 1, 2 and 3 of section 265.10 of the penal law,
     2  subdivisions  1  and 2 as separately amended by chapters 34, 130 and 146
     3  and subdivision 3 as amended by chapter 130 of the  laws  of  2019,  are
     4  amended to read as follows:
     5    1.  Any  person  who  manufactures  or  causes  to be manufactured any
     6  machine-gun, assault weapon, large capacity ammunition feeding device or
     7  disguised gun is guilty of a class D felony. Any person who manufactures
     8  or causes to be manufactured any rapid-fire modification device is guil-
     9  ty of a class E felony. Any person who  manufactures  or  causes  to  be
    10  manufactured a firearm, rifle or shotgun that is not made or modified to
    11  be  permanently  incompatible  with  a rapid-fire modification device is
    12  guilty of a class E felony. Any person who manufactures or causes to  be
    13  manufactured any switchblade knife, pilum ballistic knife, metal knuckle
    14  knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles,
    15  metal  knuckles,  Kung Fu star, chuka stick, sandbag, sandclub or slung-
    16  shot is guilty of a class A misdemeanor.
    17    2. Any person who transports or ships any machine-gun, firearm silenc-
    18  er, assault weapon  or  large  capacity  ammunition  feeding  device  or
    19  disguised  gun,  or  who transports or ships as merchandise five or more
    20  firearms, is guilty of a class D felony. Any person  who  transports  or
    21  ships  any rapid-fire modification device is guilty of a class E felony.
    22  Any person who transports or ships any firearm, rifle or shotgun that is
    23  not made or modified to be permanently incompatible  with  a  rapid-fire
    24  modification device is guilty of a class E felony. Any person who trans-
    25  ports or ships as merchandise any firearm, other than an assault weapon,
    26  switchblade  knife,  pilum  ballistic  knife, undetectable knife, billy,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15776-01-2

        A. 10557                            2

     1  blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu  star,
     2  chuka stick, sandbag or slungshot is guilty of a class A misdemeanor.
     3    3.  Any  person who disposes of any machine-gun, assault weapon, large
     4  capacity ammunition feeding device or firearm silencer is  guilty  of  a
     5  class  D  felony. Any person who disposes of any rapid-fire modification
     6  device is guilty of a class E felony.  Any person who  disposes  of  any
     7  firearm, rifle or shotgun that is not made or modified to be permanently
     8  incompatible  with a rapid-fire modification device is guilty of a class
     9  E felony. Any person who  knowingly  buys,  receives,  disposes  of,  or
    10  conceals  a  machine-gun,  firearm,  large  capacity  ammunition feeding
    11  device, rifle or shotgun which has  been  defaced  for  the  purpose  of
    12  concealment or prevention of the detection of a crime or misrepresenting
    13  the  identity  of  such  machine-gun, firearm, large capacity ammunition
    14  feeding device, rifle or shotgun is guilty of a class D felony.
    15    § 2. Section 265.01-c of the penal law, as added by chapter 130 of the
    16  laws of 2019, is amended to read as follows:
    17  § 265.01-c Criminal possession of a rapid-fire modification device.
    18    A person is guilty of criminal possession of a rapid-fire modification
    19  device when he or she knowingly possesses any (1)  rapid-fire  modifica-
    20  tion  device; or (2) firearm, rifle or shotgun that is not made or modi-
    21  fied to be  permanently  incompatible  with  a  rapid-fire  modification
    22  device.
    23    Criminal  possession  of a rapid-fire modification device is a class A
    24  misdemeanor.
    25    § 3. Subdivision 26 of section 265.00 of the penal law,  as  added  by
    26  chapter 130 of the laws of 2019, is amended to read as follows:
    27    26.  "Rapid-fire  modification  device"  means any bump stock, trigger
    28  crank, binary trigger system, burst trigger system, or any other  device
    29  that  is designed (a) to accelerate the rate of fire of a semi-automatic
    30  firearm, rifle or shotgun; or (b) for use in converting a firearm, rifle
    31  or shotgun to shoot automatically more than  one  shot,  without  manual
    32  reloading, by a single function of the trigger.
    33    §  4. The general business law is amended by adding a new section 369-
    34  eee to read as follow:
    35    § 396-eee. Recall of certain weapons; rapid-fire modification. 1.  Any
    36  manufacturer of firearms, rifles, and/or shotguns shall modify, or cause
    37  to  be  modified, any firearm, rifle or shotgun manufactured and/or sold
    38  prior to the effective date of this section, to be permanently incompat-
    39  ible with a rapid-fire modification device, at  no  cost  to  the  owner
    40  and/or dealer of such firearm, rifle or shotgun. Such manufacturer shall
    41  return,  or  cause to be returned, such firearm, rifle or shotgun to the
    42  legal owner and/or dealer within thirty days of the completion  of  such
    43  modification pursuant to this subdivision.
    44    2.  Manufacturers of firearms, rifles and/or shotguns shall make every
    45  reasonable effort to notify  owners  and  dealers  of  firearms,  rifles
    46  and/or  shotguns  in  this state of a mandatory recall of such firearms,
    47  rifles and shotguns to a New  York  state  dealer  of  firearms,  rifles
    48  and/or  shotguns to make the modifications required pursuant to subdivi-
    49  sion one of this section.
    50    3. "Rapid-fire modification device"  means  any  bump  stock,  trigger
    51  crank,  binary trigger system, burst trigger system, or any other device
    52  that is designed (a) to accelerate the rate of fire of a  semi-automatic
    53  firearm, rifle or shotgun; or (b) for use in converting a firearm, rifle
    54  or  shotgun  to  shoot  automatically more than one shot, without manual
    55  reloading, by a single function of the trigger.

        A. 10557                            3

     1    § 5. This act shall take effect on the first of November next succeed-
     2  ing the date upon which it shall have become a  law;  provided,  however
     3  that  sections one, two and three of this act shall take effect one year
     4  after such date.