Bill Text: NY S07365 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires reasonable controls and procedures to be taken with respect to the sale, manufacturing, importing and marketing of pistol converters.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-05-01 - PRINT NUMBER 7365A [S07365 Detail]

Download: New_York-2023-S07365-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7365

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 22, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Codes

        AN ACT to amend the penal law and the general business law, in  relation
          to rapid fire modification devices

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

     1    Section 1. Subdivisions 26, 29, 30, 32 and 32 of section 265.00 of the
     2  penal law, subdivisions 26, 29 and 30 as added by  chapter  130  of  the
     3  laws  of  2019,  subdivision  32 as amended by chapter 94 of the laws of
     4  2022 and subdivision 32 as added by chapter 520 of the laws of 2021, are
     5  amended to read as follows:
     6    26. "Rapid-fire modification device" means  any  bump  stock,  trigger
     7  crank,  binary  trigger  system, burst trigger system, auto-sear, forced
     8  reset trigger, or any other device that is designed  to  accelerate  the
     9  rate of fire of a semi-automatic firearm, rifle or shotgun.
    10    29.  "Binary  trigger system" means any device that, when installed in
    11  or attached to a semi-automatic firearm rifle, or shotgun,  causes  that
    12  weapon  to fire once when the trigger is pulled and again when the trig-
    13  ger is released.
    14    30. "Burst trigger system" means any device that, when installed in or
    15  attached to a semi-automatic firearm,  rifle,  or  [shot  gun]  shotgun,
    16  allows  that  weapon  to  discharge two or more shots with a single pull
    17  [or] of the trigger by altering the trigger reset.
    18    32. (a) "Unfinished frame or receiver" means any unserialized material
    19  that does not constitute the frame or receiver of a  firearm,  rifle  or
    20  shotgun but that has been shaped or formed in any way for the purpose of
    21  becoming the frame or receiver of a firearm, rifle or shotgun, and which
    22  may readily be made into a functional frame or receiver through milling,
    23  drilling or other means.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11326-02-3
        S. 7365                             2

     1    [32.]  (b) "Ghost gun" means a firearm, rifle or shotgun that does not
     2  comply with the provisions of section 265.07 of this article and is  not
     3  serialized.
     4    §  2.    Section  265.00 of the penal law is amended by adding two new
     5  subdivisions 36 and 37 to read as follows:
     6    36. "Auto-sear" means a device that disrupts  the  trigger  bar  of  a
     7  semi-automatic  firearm,  rifle, or shotgun from performing the function
     8  of limiting that weapon to firing only one round each time  the  trigger
     9  is pulled.
    10    37. "Forced reset trigger" means any device that, when installed in or
    11  attached  to  a  semi-automatic  firearm, rifle, or shotgun, allows that
    12  weapon to automatically expel more than one shot with a single,  contin-
    13  uous pull of the trigger.
    14    §  3.  Subdivisions  2  and 6 of section 898-a of the general business
    15  law, as added by chapter 237 of the laws of 2021, are amended to read as
    16  follows:
    17    2. "Reasonable controls  and  procedures"  shall  mean  policies  that
    18  include,  but  are  not limited to: (a) instituting screening, security,
    19  inventory and other business practices to prevent  thefts  of  qualified
    20  products  as  well  as  sales of qualified products to straw purchasers,
    21  traffickers, persons prohibited from possessing firearms under state  or
    22  federal  law, or persons at risk of injuring themselves or others; [and]
    23  (b) preventing deceptive acts and practices and  false  advertising  and
    24  otherwise   ensuring   compliance   with   all   provisions  of  article
    25  twenty-two-A of this chapter; and (c) taking reasonable steps to prevent
    26  the installation or use of a rapid-fire modification device, as  defined
    27  in section 265.00 of the penal law, on qualified products.
    28    6.  "Qualified  product" shall [have the same meaning as defined in 15
    29  U.S.C. section 7903(4)] mean a firearm (as defined in  subparagraph  (A)
    30  or  (B)  of  18  U.S.C.  § 921(a)(3)), including any antique firearm (as
    31  defined in 18 U.S.C. § 921(a)(16)), or  ammunition  (as  defined  in  18
    32  U.S.C. § 921(a)(17)(A)), or a component part of a firearm or ammunition.
    33    §  4. This act shall take effect immediately.