https://www.assembly.state.ny.us/leg/?t ... &bn=S00014Criminalizes the sale of ghost guns and requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble.
4 (8) [He] Such person possesses any armor piercing ammunition with
5 intent to use the same unlawfully against another.
6 (9) Such person is not required to be a gunsmith licensed pursuant to
7 section 400.00 of this chapter and, knowing it is a ghost gun, such
8 person possesses a ghost gun, provided that a person shall not be guilty
9 under this subdivision when he or she (a) voluntarily surrenders such
10 ghost gun to any law enforcement official designated pursuant to subpar-
11 agraph (f) of paragraph one of subdivision (a) of section 265.20 of this
12 article; or (b) for a period of six months after the effective date of
13 this section possesses a ghost gun prior to serialization and registra-
14 tion of such ghost gun pursuant to section 265.07 of this article.
17 § 265.07 Registration and serialization of firearms, rifles, shotguns,
18 finished frames or receivers, and unfinished frames or
20 (1) For the purposes of this section, "unfinished frame or receiver"
21 means any material that does not constitute the frame or receiver of a
22 firearm, rifle or shotgun but that has been shaped or formed in any way
23 for the purpose of becoming the frame or receiver of a firearm, rifle or
24 shotgun, and which may readily be made into a functional frame or
25 receiver through milling, drilling or other means. The term shall not
26 include material that has had its size or external shape altered to
27 facilitate transportation or storage or has had its chemical composition
29 (2) On or before the effective date of this section, and promptly upon
30 taking possession thereof at any time thereafter, any person required to
31 be a gunsmith licensed pursuant to section 400.00 of this chapter, who
32 is in possession of an unserialized firearm, rifle, shotgun, finished
33 frame or receiver, or unfinished frame or receiver shall:
34 (a) engrave, cast, stamp or otherwise conspicuously place both a
35 unique serial number and his or her name (or recognized abbreviation) on
36 such firearm, rifle, shotgun, finished frame or receiver, or unfinished
37 frame or receiver, in a manner that satisfies or exceeds the require-
38 ments imposed on licensed importers and manufacturers pursuant to
39 section (i) of Section 923 of Title 18 of the United States Code and
40 regulations issued pursuant thereto at the time of such assembly; and
41 (b) register with the division of state police any such firearm, rifle
42 or shotgun, finished frame or receiver, or unfinished frame or receiver.
43 Any person required to be a gunsmith licensed pursuant to section
44 400.00 of this chapter who fails to comply with the provisions of this
45 section shall be guilty of a class E felony.
https://www.assembly.state.ny.us/leg/?bn=a2666a53 2. Notwithstanding subdivision one of this section, a person shall not
54 be guilty of criminal sale of a ghost gun in the second degree when such
55 person: (a) voluntarily surrenders such ghost gun to any law enforcement
56 official designated pursuant to subparagraph (f) of paragraph one of
1 subdivision (a) of section 265.20 of this article; or (b) within a peri-
2 od of six months after the effective date of this section sells,
3 exchanges, gives, or disposes of such ghost gun to a gunsmith licensed
4 pursuant to section 400.00 of this chapter.
https://www.assembly.state.ny.us/leg/?t ... &bn=S00013Enacts the "Scott J. Beigel unfinished receiver act"; relates to unfinished frames or receivers; establishes the crimes of criminal sale of an unfinished frame or receiver in the first and second degrees as class D and E felonies, respectively.
Assembly to Pass Comprehensive Package of Legislation to Protect New Yorkers from Gun Violence
Speaker Carl Heastie today announced that the Assembly will pass a comprehensive package of commonsense gun safety legislation. Included in the legislative package are bills that would ban ghost guns, hold the gun industry liable for damages it causes, prohibit those with an outstanding warrant of arrest for a felony from purchasing a gun, and require quarterly reports on the origin of firearms used to commit crimes in New York.
To pass today is legislation that would allow those responsible for the sale, manufacture, importing or marketing of guns to be held liable for the public nuisance caused by such actions. The legislation complies with the Protection of Lawful Commerce in Arms Act (PLCAA) as interpreted by the U.S. Court of Appeals for the Second Circuit in City of New York v. Berretta USA Corps. The PLCAA has been used to shield the firearm industry from civil liability (A.6762-A, Fahy).
Also to pass today is the Scott J. Beigel Unfinished Receiver Act, which would prohibit the possession and sale of unfinished frames and receivers by individuals that are not licensed gunsmiths. Unfinished frames and receivers are incomplete gun components that do not require serial numbers under federal law. Because guns assembled from unfinished frames and receivers do not have serial numbers, they are untraceable and can be built and transported without the normal background checks required when purchasing a gun from a licensed retailer. The legislation is named for Scott J. Beigel, who lost his life during the tragic shooting at Marjory Stoneman Douglas High School in Parkland Florida while trying to protect his students (A.2666-A, Lavine).