STATE OF NEW YORK
        ________________________________________________________________________

                                         7763--A

                    IN SENATE

                                    February 14, 2020
                                       ___________

        Introduced  by  Sens.  HOYLMAN,  KAPLAN,  BIAGGI, GOUNARDES, LIU -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Codes  --  reported  favorably  from said committee and
          committed to the Committee on  Rules  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the penal law, in relation to enacting the Jose  Webster
          untraceable firearms act

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

     1    Section 1. This act shall be known and  may  be  cited  as  the  "Jose
     2  Webster untraceable firearms act".
     3    §  2.  Subdivision 8 of section 265.00 of the penal law, as amended by
     4  chapter 189 of the laws of 2000, is amended to read as follows:
     5    8. "Gunsmith" means (a) any person, firm, partnership, corporation  or
     6  company  who engages in the business of repairing, altering, assembling,
     7  manufacturing,  cleaning,  polishing,  engraving  or  trueing,  or   who
     8  performs  any mechanical operation on, any firearm, large capacity ammu-
     9  nition feeding device or machine-gun; or (b) any person  who  assembles,
    10  manufactures,  fabricates,  builds, or fits together the component parts
    11  of a firearm, rifle or shotgun, regardless of whether the firearm, rifle
    12  or shotgun is intended for personal use,  commercial  sale  or  for  any
    13  other  purpose.    "Gunsmith"  shall not include any person who performs
    14  routine cleaning or maintenance on a lawfully possessed  firearm,  rifle
    15  or shotgun for non-commercial purposes.
    16    § 3. Section 265.00 of the penal law is amended by adding a new subdi-
    17  vision 31 to read as follows:
    18    31. "Ghost gun" means a firearm, rifle or shotgun that does not comply
    19  with the provisions of section 265.07 of this article and is not serial-
    20  ized  in  accordance with the requirements imposed on licensed importers
    21  and licensed manufacturers pursuant to subsection (i) of Section 923  of
    22  Title 18 of the United States Code and regulations issued pursuant ther-
    23  eto,  except  for antique firearms as defined in subdivision fourteen of
    24  this section, as added by chapter nine hundred eighty-six of the laws of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15385-06-0

        S. 7763--A                          2

     1  nineteen hundred seventy-four, or any firearm, rifle or shotgun manufac-
     2  tured prior to nineteen hundred sixty-eight.
     3    §  4.  Subdivision  10 of section 265.02 of the penal law, as added by
     4  chapter 1 of the laws of 2013, is amended and a new  subdivision  11  is
     5  added to read as follows:
     6    (10)  Such  person  possesses an unloaded firearm and also commits any
     7  violent felony offense as defined in subdivision one of section 70.02 of
     8  this chapter as part of the same criminal transaction[.]; or
     9    (11) Such person is not a gunsmith duly licensed pursuant  to  section
    10  400.00  of  this  chapter and possesses a ghost gun, provided that for a
    11  period of six months after the effective date  of  this  subdivision,  a
    12  person  shall  not  be  guilty of criminal possession of a weapon in the
    13  third degree when such person possesses a ghost gun during  the  process
    14  of  providing  such  ghost  gun  to a gunsmith duly licensed pursuant to
    15  section 400.00 of this chapter for the purposes of having such ghost gun
    16  serialized and registered pursuant to section 265.07 of this article.
    17    § 5. The penal law is amended by adding a new section 265.07  to  read
    18  as follows:
    19  § 265.07 Registration  and  serialization of firearms, rifles, shotguns,
    20             finished  frames  or  receivers,  and  unfinished  frames  or
    21             receivers by gunsmiths.
    22    (1)  For  the purposes of this section, "unfinished frame or receiver"
    23  means a piece of any material that does  not  constitute  the  frame  or
    24  receiver  of  a  firearm,  rifle  or shotgun but that has been shaped or
    25  formed in any way for the purpose of becoming the frame or receiver of a
    26  firearm, rifle or shotgun, and which may readily be made  into  a  func-
    27  tional  frame or receiver through milling, drilling or other means.  The
    28  term shall not include a piece of material that  has  had  its  size  or
    29  external  shape  altered  to facilitate transportation or storage or has
    30  had its chemical composition altered.
    31    (2) A gunsmith shall engrave, cast, stamp or  otherwise  conspicuously
    32  place  both  a  unique  serial number and his or her name (or recognized
    33  abbreviation) on any firearm, rifle, shotgun, finished frame or  receiv-
    34  er,  or unfinished frame or receiver that he or she manufactures, assem-
    35  bles or causes to be manufactured or assembled after the effective  date
    36  of  this section, regardless of the manner of manufacturing or assembly,
    37  in a manner that  satisfies  or  exceeds  the  requirements  imposed  on
    38  licensed importers and licensed manufacturers pursuant to subsection (i)
    39  of  Section  923  of  Title 18 of the United States Code and regulations
    40  issued pursuant thereto.
    41    (3) A gunsmith shall register with the division of  state  police  any
    42  firearm, rifle, shotgun, finished frame or receiver, or unfinished frame
    43  or receiver that he or she manufactures, assembles or causes to be manu-
    44  factured  or assembled after the effective date of this section, regard-
    45  less of the manner of manufacturing or assembly, that would  not  other-
    46  wise  be  subject  to the requirements imposed on licensed importers and
    47  licensed manufacturers pursuant to subsection  (i)  of  Section  923  of
    48  Title 18 of the United States Code and regulations issued pursuant ther-
    49  eto.
    50    Any  gunsmith  who fails to comply with the provisions of this section
    51  shall be guilty of a class C felony.
    52    § 6. Section 265.10 of the penal law is amended by adding a new subdi-
    53  vision 8 to read as follows:
    54    8. Any person other than a gunsmith duly licensed pursuant to  section
    55  400.00  of  this chapter who assembles, manufactures, fabricates, builds
    56  or fits together the component parts of a  firearm,  rifle  or  shotgun,

        S. 7763--A                          3

     1  other  than  for  the purposes of performing routine cleaning or mainte-
     2  nance on a lawfully possessed firearm, rifle or shotgun for  non-commer-
     3  cial purposes, is guilty of a class C felony.
     4    §  7.  The  penal  law is amended by adding three new sections 265.60,
     5  265.61 and 265.62 to read as follows:
     6  § 265.60 Criminal sale of a ghost gun in the third degree.
     7    1. Except as otherwise provided in subdivision two of this section,  a
     8  person  is  guilty  of  criminal sale of a ghost gun in the third degree
     9  when such person sells, exchanges, gives or disposes of a ghost gun.
    10    2. A person shall not be guilty of criminal sale of a ghost gun in the
    11  third degree when such person:
    12    (a) voluntarily surrenders such ghost gun to any law enforcement offi-
    13  cial designated pursuant to subparagraph (f) of paragraph one of  subdi-
    14  vision a of section 265.20 of this article; or
    15    (b)  within  six  months  after  the  effective  date of this section,
    16  provides such ghost gun to a gunsmith duly licensed pursuant to  section
    17  400.00 of this chapter for the purposes of having such ghost gun serial-
    18  ized and registered pursuant to section 265.07 of this article.
    19    Criminal sale of a ghost gun in the third degree is a class D felony.
    20  § 265.61 Criminal sale of a ghost gun in the second degree.
    21    1.  Except as otherwise provided in subdivision two of this section, a
    22  person is guilty of criminal sale of a ghost gun in  the  second  degree
    23  when such person:
    24    (a) sells, exchanges, gives or disposes of five or more ghost guns; or
    25    (b)  sells,  exchanges,  gives  or disposes of a total of five or more
    26  ghost guns in a period of not more than one year.
    27    2. A person shall not be guilty of criminal sale of a ghost gun in the
    28  second degree when such person:
    29    (a) voluntarily surrenders such ghost  guns  to  any  law  enforcement
    30  official  designated  pursuant  to  subparagraph (f) of paragraph one of
    31  subdivision a of section 265.20 of this article; or
    32    (b) within six months  after  the  effective  date  of  this  section,
    33  provides such ghost guns to a gunsmith duly licensed pursuant to section
    34  400.00  of this chapter for the purposes of having such ghost guns seri-
    35  alized and registered pursuant to section 265.07 of this article.
    36    Criminal sale of a ghost gun in the second degree is a class C felony.
    37  § 265.62 Criminal sale of a ghost gun in the first degree.
    38    1. Except as otherwise provided in subdivision two of this section,  a
    39  person  is  guilty  of  criminal sale of a ghost gun in the first degree
    40  when such person:
    41    (a) sells, exchanges, gives or disposes of ten or more ghost guns; or
    42    (b) sells, exchanges, gives or disposes of a  total  of  ten  or  more
    43  ghost guns in a period of not more than one year.
    44    2. A person shall not be guilty of criminal sale of a ghost gun in the
    45  first degree if such person:
    46    (a)  voluntarily  surrenders  such  ghost  guns to any law enforcement
    47  official designated pursuant to subparagraph (f)  of  paragraph  one  of
    48  subdivision a of section 265.20 of this article; or
    49    (b)  within  six  months  after  the  effective  date of this section,
    50  provides such ghost guns to a gunsmith duly licensed pursuant to section
    51  400.00 of this chapter for the purposes of having such ghost guns  seri-
    52  alized and registered pursuant to section 265.07 of this article.
    53    Criminal sale of a ghost gun in the first degree is a class B felony.
    54    §  8.  Subdivisions  1,  2, 3, and 12-a of section 400.00 of the penal
    55  law, subdivision 1 and paragraph (a) of  subdivision  3  as  amended  by
    56  chapter 1 of the laws of 2013, paragraph (c) of subdivision 1 as amended

        S. 7763--A                          4

     1  by  chapter  60 of the laws of 2018, subdivision 2 as amended by chapter
     2  189 of the laws of 2000, paragraph (b) of  subdivision  3  as  added  by
     3  chapter  778 of the laws of 1985, and subdivision 12-a as added by chap-
     4  ter 1042 of the laws of 1974, are amended to read as follows:
     5    1. Eligibility. No license shall be issued or renewed pursuant to this
     6  section  except  by  the licensing officer, and then only after investi-
     7  gation and finding that all statements in a  proper  application  for  a
     8  license  are  true.  No license shall be issued or renewed except for an
     9  applicant (a) twenty-one years of age or older, provided, however,  that
    10  where  such  applicant  has  been  honorably  discharged from the United
    11  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    12  national  guard  of the state of New York, no such age restriction shall
    13  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
    14  anywhere  of  a felony or a serious offense or who is not the subject of
    15  an outstanding warrant of arrest issued upon the alleged commission of a
    16  felony or serious offense; (d) who is not a fugitive from  justice;  (e)
    17  who  is  not an unlawful user of or addicted to any controlled substance
    18  as defined in section 21 U.S.C. 802; (f) who being an alien (i)  is  not
    19  illegally or unlawfully in the United States or (ii) has not been admit-
    20  ted to the United States under a nonimmigrant visa subject to the excep-
    21  tion  in  18  U.S.C. 922(y)(2); (g) who has not been discharged from the
    22  Armed Forces under dishonorable conditions; (h) who, having been a citi-
    23  zen of the United States, has not renounced his or her citizenship;  (i)
    24  who  has  stated whether he or she has ever suffered any mental illness;
    25  (j) who has not been involuntarily committed to  a  facility  under  the
    26  jurisdiction  of  an office of the department of mental hygiene pursuant
    27  to article nine or fifteen of the  mental  hygiene  law,  article  seven
    28  hundred  thirty or section 330.20 of the criminal procedure law, section
    29  four hundred two or five hundred eight of the  correction  law,  section
    30  322.2 or 353.4 of the family court act, or has not been civilly confined
    31  in  a  secure  treatment  facility pursuant to article ten of the mental
    32  hygiene law; (k) who has not had a license revoked or who is not under a
    33  suspension or ineligibility order issued pursuant to the  provisions  of
    34  section  530.14  of  the criminal procedure law or section eight hundred
    35  forty-two-a of the family court act; (l) in the county  of  Westchester,
    36  who  has  successfully  completed  a  firearms safety course and test as
    37  evidenced by a certificate of completion issued in his or her  name  and
    38  endorsed  and  affirmed under the penalties of perjury by a duly author-
    39  ized instructor, except that: (i) persons who are  honorably  discharged
    40  from  the  United  States army, navy, marine corps or coast guard, or of
    41  the national guard of the state of New York,  and  produce  evidence  of
    42  official  qualification  in  firearms during the term of service are not
    43  required to have completed those  hours  of  a  firearms  safety  course
    44  pertaining  to the safe use, carrying, possession, maintenance and stor-
    45  age of a firearm; and (ii) persons who were licensed to possess a pistol
    46  or revolver prior to the  effective  date  of  this  paragraph  are  not
    47  required  to  have  completed a firearms safety course and test; (m) who
    48  has not had a  guardian  appointed  for  him  or  her  pursuant  to  any
    49  provision  of  state  law,  based on a determination that as a result of
    50  marked subnormal intelligence, mental illness, incapacity, condition  or
    51  disease,  he  or she lacks the mental capacity to contract or manage his
    52  or her own affairs; and (n) concerning whom no good cause exists for the
    53  denial of the license.  No  person  shall  engage  in  the  business  of
    54  gunsmith  or  dealer  in firearms, nor assemble, manufacture, fabricate,
    55  build, or fit together the component parts of a firearm, rifle, or shot-
    56  gun, other than for the purposes of performing routine cleaning or main-

        S. 7763--A                          5

     1  tenance on a lawfully possessed firearm, rifle, or shotgun for  non-com-
     2  mercial purposes, unless licensed pursuant to this section. An applicant
     3  to engage in such business shall also be a citizen of the United States,
     4  more  than  twenty-one  years of age and maintain a place of business in
     5  the city or county where the license is issued. For  such  business,  if
     6  the applicant is a firm or partnership, each member thereof shall comply
     7  with  all  of  the requirements set forth in this subdivision and if the
     8  applicant is a corporation, each officer thereof shall so comply.
     9    2. Types of licenses. A license for gunsmith shall be issued to engage
    10  in such business or to assemble, manufacture, fabricate, build,  or  fit
    11  together the component parts of a firearm, rifle or shotgun for non-com-
    12  mercial  purposes,  and a license for dealer in firearms shall be issued
    13  to engage in such business. A license for a pistol  or  revolver,  other
    14  than  an  assault weapon or a disguised gun, shall be issued to (a) have
    15  and possess in his dwelling by a householder; (b) have  and  possess  in
    16  his  place  of business by a merchant or storekeeper; (c) have and carry
    17  concealed while so employed by a messenger employed by a banking  insti-
    18  tution  or express company; (d) have and carry concealed by a justice of
    19  the supreme court in the first or second judicial departments, or  by  a
    20  judge  of  the  New  York city civil court or the New York city criminal
    21  court; (e) have and carry concealed  while  so  employed  by  a  regular
    22  employee of an institution of the state, or of any county, city, town or
    23  village,  under  control  of a commissioner of correction of the city or
    24  any warden, superintendent or head keeper of any state prison,  peniten-
    25  tiary,  workhouse, county jail or other institution for the detention of
    26  persons convicted or accused of crime or held as witnesses  in  criminal
    27  cases,  provided that application is made therefor by such commissioner,
    28  warden, superintendent or head keeper; (f)  have  and  carry  concealed,
    29  without  regard to employment or place of possession, by any person when
    30  proper cause exists for the issuance thereof;  and  (g)  have,  possess,
    31  collect  and carry antique pistols which are defined as follows: (i) any
    32  single shot, muzzle loading pistol with a matchlock, flintlock,  percus-
    33  sion  cap,  or similar type of ignition system manufactured in or before
    34  l898, which is not designed for using rimfire or conventional centerfire
    35  fixed ammunition; and (ii) any replica of any pistol described in clause
    36  (i) hereof if such replica--
    37    (1) is not designed or redesigned for using  rimfire  or  conventional
    38  centerfire fixed ammunition, or
    39    (2)  uses rimfire or conventional centerfire fixed ammunition which is
    40  no longer manufactured in the United States and  which  is  not  readily
    41  available in the ordinary channels of commercial trade.
    42    3.  Applications.   (a) Applications shall be made and renewed, in the
    43  case of a license to carry or possess  a  pistol  or  revolver,  to  the
    44  licensing  officer  in the city or county, as the case may be, where the
    45  applicant resides, is principally employed or has his or  her  principal
    46  place  of  business  as  merchant  or storekeeper; and, in the case of a
    47  license as gunsmith or dealer in  firearms,  to  the  licensing  officer
    48  where  such place of business is located, or for a person applying for a
    49  license as gunsmith in order to assemble, manufacture, fabricate, build,
    50  or fit together the component parts of a firearm, rifle, or shotgun  for
    51  non-commercial purposes, to the licensing officer in the city or county,
    52  as  the case may be, where the premises upon which the applicant intends
    53  to engage in such  activities  is  located.  Blank  applications  shall,
    54  except  in  the  city  of New York, be approved as to form by the super-
    55  intendent of state police. An application shall  state  the  full  name,
    56  date  of birth, residence, present occupation of each person or individ-

        S. 7763--A                          6

     1  ual signing the same, whether or not he or  she  is  a  citizen  of  the
     2  United  States,  whether or not he or she complies with each requirement
     3  for eligibility specified in subdivision one of this  section  and  such
     4  other  facts  as  may be required to show the good character, competency
     5  and integrity of each person or individual signing the  application.  An
     6  application shall be signed and verified by the applicant. Each individ-
     7  ual  signing  an  application  shall submit one photograph of himself or
     8  herself and a duplicate for each required copy of the application.  Such
     9  photographs shall have been taken within thirty days prior to filing the
    10  application. In case of a license as gunsmith or dealer in firearms, the
    11  photographs  submitted  shall  be two inches square, and the application
    12  shall also state the previous occupation of each individual signing  the
    13  same  and  the location of the place of such business, if applicable, or
    14  of the bureau, agency, subagency, office or branch office for which  the
    15  license  is  sought,  specifying  the name of the city, town or village,
    16  indicating  the  street  and  number  and  otherwise  giving  such   apt
    17  description  as  to  point  out reasonably the location thereof. In such
    18  case, if the applicant is a firm, partnership or corporation, its  name,
    19  date  and  place  of formation, and principal place of business shall be
    20  stated. For such firm or partnership, the application  shall  be  signed
    21  and  verified  by  each individual composing or intending to compose the
    22  same, and for such corporation, by each officer thereof.  In the case of
    23  a person applying for a license as gunsmith in order to assemble,  manu-
    24  facture,  fabricate,  build,  or  fit  together the component parts of a
    25  firearm, rifle, or shotgun for non-commercial  purposes,  the  applicant
    26  shall  state  the location of the place of the premises where the appli-
    27  cant intends to engage in such activities, specifying the  name  of  the
    28  city,  town  or  village, indicating the street and number and otherwise
    29  giving apt description as to point out reasonably the location thereof.
    30    (b) Application for an exemption under paragraph seven-b  of  subdivi-
    31  sion  a  of  section  265.20 of this chapter. Each applicant desiring to
    32  obtain the exemption set forth in paragraph seven-b of subdivision a  of
    33  section 265.20 of this chapter shall make such request in writing of the
    34  licensing  officer  with whom his application for a license is filed, at
    35  the time of filing such application. Such request shall include a signed
    36  and verified statement by the person authorized to instruct  and  super-
    37  vise  the  applicant,  that  has  met with the applicant and that he has
    38  determined that, in his judgment, said applicant does not appear  to  be
    39  or  poses  a  threat  to  be, a danger to himself or to others. He shall
    40  include a copy of his certificate as an instructor in small arms, if  he
    41  is required to be certified, and state his address and telephone number.
    42  He  shall  specify  the  exact  location  by name, address and telephone
    43  number where such instruction will take place.  Such  licensing  officer
    44  shall,  no  later  than ten business days after such filing, request the
    45  duly constituted police authorities of the locality where such  applica-
    46  tion  is  made to investigate and ascertain any previous criminal record
    47  of the applicant pursuant to subdivision four of  this  section.    Upon
    48  completion  of this investigation, the police authority shall report the
    49  results to the licensing officer without unnecessary delay. The  licens-
    50  ing  officer  shall no later than ten business days after the receipt of
    51  such investigation, determine  if  the  applicant  has  been  previously
    52  denied  a  license,  been  convicted of a felony, or been convicted of a
    53  serious offense, and either approve  or  disapprove  the  applicant  for
    54  exemption  purposes  based upon such determinations. If the applicant is
    55  approved for the exemption,  the  licensing  officer  shall  notify  the
    56  appropriate  duly constituted police authorities and the applicant. Such

        S. 7763--A                          7

     1  exemption shall terminate if the application for the license is  denied,
     2  or  at  any  earlier  time  based  upon  any information obtained by the
     3  licensing officer or the  appropriate  police  authorities  which  would
     4  cause  the  license  to  be denied. The applicant and appropriate police
     5  authorities shall be notified of any such terminations.
     6    12-a.  State  police  regulations  applicable  to  licensed  gunsmiths
     7  engaged  in  the  business  of assembling or manufacturing firearms. The
     8  superintendent of state police is hereby authorized to issue such  rules
     9  and  regulations  as  he deems reasonably necessary to prevent the manu-
    10  facture and assembly of unsafe firearms in the  state.  Such  rules  and
    11  regulations  shall  establish  safety  standards  in regard to the manu-
    12  facture and assembly of firearms in the state, including  specifications
    13  as  to  materials  and  parts  used,  the proper storage and shipment of
    14  firearms, and minimum standards of quality control.  Regulations  issued
    15  by  the  state  police  pursuant  to this subdivision shall apply to any
    16  person licensed as a gunsmith under this section [engaged in  the  busi-
    17  ness of manufacturing or assembling firearms,] and any violation thereof
    18  shall subject the licensee to revocation of license pursuant to subdivi-
    19  sion eleven of this section.
    20    § 9. This act shall take effect on the one hundred eightieth day after
    21  it  shall have become a law. Effective immediately, the addition, amend-
    22  ment and/or repeal of any rule or regulation necessary for the implemen-
    23  tation of this act on its effective date are authorized to be  made  and
    24  completed on or before such effective date.