Bill S7107-2013

Relates to a ban on undetectable firearms, undetectable firearm receivers and undetectable ammunition magazines

Relates to a ban on undetectable firearms, undetectable firearm receivers and undetectable ammunition magazines.

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  • Apr 28, 2014: REFERRED TO CODES

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BILL NUMBER:S7107

TITLE OF BILL: An act to amend the penal law, in relation to a ban on undetectable firearms, undetectable firearm receivers and undetectable ammunition magazines

PURPOSE OR GENERAL IDEA OF BILL: To make illegal the manufacture, possession and sale of firearms, firearm receivers and ammunition magazines that are not detectable by traditional metal detectors and may not present an accurate image on an x-ray.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill specifies that the bill shall be know as the "undetectable firearms act."

Section 2 is the legislative findings.

Section 3 amends the penal law by adding a new section 265.50 to make it unlawful for any person to knowingly manufacture, import, sell, ship, deliver, transfer, receive or possess:

1. Any firearm that is not detectable by a walk-through metal detector or any major component of which does not generate an image that accurately depicts its shape when subjected to inspection by x-ray machines commonly used at airports;

2. Any receiver for a rifle, or handgun, manufactured by a person who is not a licensed manufacturer that is not detectable as a rifle or handgun by walk-through metal detectors or which does not generate an image that accurately depicts the shape of the receiver when subjected to an inspection by the types of x-ray machines commonly used at airports; and

3. Any ammunition magazine, manufactured by a person who is not a licensed manufacturer that, after removal of the spring and follower, is not detectable by walk-through metal detectors or which does not generate an image that accurately depicts the shape of the magazine when subjected to inspection by the type of x-ray machines commonly used at airports.

This new penal law section does not apply to firearms which have been certified by an agency of the United States as necessary for military intelligence and are manufactured and sold exclusively to military or intelligence agencies.

A person who violates the provisions of this new penal law section shall be guilty of a class E felony.

Section 4 requires the New York state police to promulgate rules and regulations necessary for the implementation of the act.

Section 5 is the effective date.

JUSTIFICATION: Digital manufacturing technologies, including computer numerical control mills, 3-dimensional printers and laser cutting machines, are quickly advancing so that they may soon be used to fabricate fully operational firearm components.

Some commercially available digital manufacturing technologies can manufacture these components using materials that cannot be detected by traditional metal detectors or x-ray imaging machines.

Allowing firearms that are undetectable poses a serious threat of danger to the safety of all. This legislation would protect the safety of New Yorkers by making it illegal for any person to knowingly possess, manufacture, transfer, sell, deliver, receive, import, or ship undetectable firearms, firearm receivers and ammunition magazines.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7107 IN SENATE April 28, 2014 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to a ban on undetectable firearms, undetectable firearm receivers and undetectable ammunition magazines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known as the "undetectable firearms act". S 2. Findings. The legislature finds that: (1) Federal Bureau of Investigation data shows that more than fifty- seven percent of the murders that occurred in New York state in 2011 were perpetrated with a firearm; (2) digital manufacturing technologies, including computer numerical control mills, 3-dimensional printers and laser cutting machines are quickly advancing so that they may soon be used to fabricate fully oper- ational firearm components; and (3) some commercially available digital manufacturing technologies can manufacture these components using materials that cannot be detected by traditional metal detectors or x-ray imaging machines. S 3. The penal law is amended by adding a new section 265.50 to read as follows: S 265.50 BAN ON UNDETECTABLE FIREARMS, UNDETECTABLE FIREARM RECEIVERS AND UNDETECTABLE AMMUNITION MAGAZINES. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY MANUFACTURE, IMPORT, SELL, SHIP, DELIVER, TRANSFER, RECEIVE OR POSSESS: (A) ANY FIREARM: (I) THAT, AFTER REMOVAL OF GRIPS, STOCKS AND MAGAZINES, IS NOT DETECT- ABLE BY WALK-THROUGH METAL DETECTORS; OR (II) ANY MAJOR COMPONENT OF WHICH DOES NOT GENERATE AN IMAGE THAT ACCURATELY DEPICTS THE SHAPE OF THE COMPONENT WHEN SUBJECTED TO INSPECTION BY THE TYPES OF X-RAY MACHINES COMMONLY USED AT AIRPORTS; OR (B) ANY RECEIVER FOR A RIFLE OR HANDGUN MANUFACTURED BY A PERSON WHO IS NOT A LICENSED MANUFACTURER:
(I) THAT IS NOT DETECTABLE AS A RIFLE OR HANDGUN BY WALK-THROUGH METAL DETECTORS; OR (II) WHICH DOES NOT GENERATE AN IMAGE THAT ACCURATELY DEPICTS THE SHAPE OF THE RECEIVER WHEN SUBJECTED TO INSPECTION BY THE TYPES OF X-RAY MACHINES COMMONLY USED AT AIRPORTS; OR (C) ANY AMMUNITION MAGAZINE MANUFACTURED BY A PERSON WHO IS NOT A LICENSED MANUFACTURER: (I) THAT, AFTER REMOVAL OF THE SPRING AND FOLLOWER, IS NOT DETECTABLE BY WALK-THROUGH METAL DETECTORS; OR (II) WHICH DOES NOT GENERATE AN IMAGE THAT ACCURATELY DEPICTS THE SHAPE OF THE MAGAZINE WHEN SUBJECTED TO INSPECTION BY THE TYPES OF X-RAY MACHINES COMMONLY USED AT AIRPORTS. 2. FOR THE PURPOSES OF THIS SECTION: (A) THE TERM "FIREARM" DOES NOT INCLUDE THE FRAME OR RECEIVER OF ANY SUCH WEAPON; AND (B) THE TERM "MAJOR COMPONENT" OF A FIREARM MEANS THE BARREL, THE SLIDE OR CYLINDER, OR THE FRAME OR RECEIVER OF THE FIREARM. 3. THIS SECTION SHALL NOT APPLY TO ANY FIREARM WHICH HAS BEEN CERTI- FIED BY AN AGENCY OF THE UNITED STATES AS NECESSARY FOR MILITARY INTEL- LIGENCE APPLICATIONS AND IS MANUFACTURED FOR AND SOLD EXCLUSIVELY TO MILITARY OR INTELLIGENCE AGENCIES OF THE UNITED STATES. 4. A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE GUIL- TY OF A CLASS E FELONY. S 4. The New York state police shall promulgate rules and regulations necessary for the implementation of this act. S 5. This act shall take effect on the ninetieth day after it shall have become a law.

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