Bill Text: NY S09145 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the manufacture, assembly, possession, license and disposal of ghost guns, the establishment of the offense of unlawful dissemination of instructions for the assembly of a weapon and the sentencing for certain offenses regarding ghost guns; relates to the suspension and revocation of certain licenses or registrations; adds the offense of unlawful dissemination of instructions for the assembly of a weapon to the list of designated offenses for the purpose of obtaining eavesdropping and video surveillance warrants; and includes the offense of unlawful dissemination of instructions for the assembly of a weapon in the definition of violent or serious crime.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2018-08-01 - REFERRED TO RULES [S09145 Detail]
Download: New_York-2017-S09145-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9145 IN SENATE August 1, 2018 ___________ Introduced by Sens. HOYLMAN, PARKER, KAMINSKY, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to the manufacture, assembly, possession, license and disposal of ghost guns, the establishment of the offense of unlawful dissemination of instructions for the assembly of a weapon and the sentencing for certain offenses regarding ghost guns; to amend the general business law, in relation to the suspension and revocation of certain licenses or registrations; to amend the criminal procedure law, in relation to adding the offense of unlawful dissemination of instructions for the assembly of a weapon to the list of designated offenses for the purpose of obtaining eavesdropping and video surveillance warrants; and to amend the administrative code of the city of New York, in relation to including the offense of unlawful dissemination of instructions for the assembly of a weapon in the definition of violent or serious crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 265.00 of the penal law is amended by adding four 2 new subdivisions 26, 27, 28 and 29 to read as follows: 3 26. "Major component" means, in the case of a firearm, rifle or shot- 4 gun the slide or cylinder, or the frame or receiver, and, in the case of 5 a shotgun, the barrel. 6 27. "Additive manufacturing" means a manufacturing process in which 7 material is added in order to produce the product, including but not 8 limited to three-dimensional printing in which layers of material are 9 laid down in succession. 10 28. "Unfinished firearm frame or receiver" means a piece of any mate- 11 rial that does not constitute the frame or receiver of a firearm, rifle 12 or shotgun but that has been shaped or formed in any way for the purpose 13 of becoming the frame or receiver of a firearm, rifle or shotgun. The 14 term shall not include a piece of material that has had its size or 15 external shape altered to facilitate transportation or storage or has 16 had its chemical composition altered. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16438-01-8S. 9145 2 1 29. "Ghost gun" means a firearm, rifle or shotgun that is: 2 (a) manufactured using additive manufacturing; or 3 (b) assembled from a frame or receiver that was marketed and/or sold 4 (either separately or as part of a kit) as an unfinished firearm frame 5 or receiver that the recipient could use to assemble a firearm, rifle or 6 shotgun. 7 § 2. Subdivision 10 of section 265.02 of the penal law, as added by 8 chapter 1 of the laws of 2013, is amended and two new subdivisions 11 9 and 12 are added to read as follows: 10 (10) Such person possesses an unloaded firearm and also commits any 11 violent felony offense as defined in subdivision one of section 70.02 of 12 this chapter as part of the same criminal transaction[.]; or 13 (11) Such person, if not a gunsmith or dealer duly licensed pursuant 14 to section 400.00 of this chapter, possesses a ghost gun that has not 15 been registered with a licensing officer and engraved or permanently 16 affixed with a serial number as provided in subdivision ten of section 17 265.10 of this article; or 18 (12) Such person possesses a firearm, rifle or shotgun manufactured or 19 assembled as a ghost gun that does not comply with the provisions of 20 subdivision nine of section 265.10 of this article. 21 § 3. Section 265.10 of the penal law is amended by adding three new 22 subdivisions 8, 9 and 10 to read as follows: 23 8. Any person, other than a gunsmith duly licensed pursuant to section 24 400.00 of this chapter, who assembles, manufactures, or causes to be 25 assembled or manufactured, a firearm, rifle or shotgun is guilty of a 26 class C felony. 27 9. For all firearms, rifles and shotguns manufactured, assembled, or 28 caused to be manufactured or assembled, sold, exchanged, disposed of or 29 possessed: (a) each major component must be detectable by a metal 30 detector calibrated to detect 3.7 ounces of type 17-4 PH stainless 31 steel; and (b) each major component, if subject to the types of 32 detection devices commonly used at airports for security screening, must 33 generate an image that adequately depicts the shape of the component. 34 Any gunsmith who fails to comply with this subdivision shall be guilty 35 of a class C felony. 36 10. All ghost guns manufactured, assembled, or caused to be manufac- 37 tured or assembled by a gunsmith shall be registered with the licensing 38 officer in the city or county where the gunsmith is located. Such 39 licensing officer, in consultation with the division of state police, 40 shall issue a unique serial number for each firearm, rifle or shotgun so 41 registered. For each such ghost gun, records reflecting the identity of 42 the manufacturing or assembling gunsmith and the serial number of the 43 ghost gun shall be included in the statewide license and record database 44 established pursuant to section 400.02 of this chapter. The manufactur- 45 ing or assembling gunsmith shall engrave or permanently affix the serial 46 number to the firearm, rifle or shotgun in a manner that meets or 47 exceeds the requirements imposed on licensed importers and licensed 48 manufacturers of shotguns pursuant to subsection (i) of Section 923 of 49 Title 18 of the United States Code and regulations issued pursuant ther- 50 eto. Any gunsmith who fails to comply with this subdivision shall be 51 guilty of a class C felony. 52 § 4. Section 265.11 of the penal law, as amended by chapter 764 of the 53 laws of 2005, is amended to read as follows: 54 § 265.11 Criminal sale of a firearm in the third degree. 55 A person is guilty of criminal sale of a firearm in the third degree 56 when:S. 9145 3 1 (1) such person is not authorized pursuant to law to possess a firearm 2 and such person unlawfully either: 3 [(1)] (a) sells, exchanges, gives or disposes of a firearm or large 4 capacity ammunition feeding device to another person; or 5 [(2)] (b) possesses a firearm with the intent to sell it[.]; 6 (2) such person is not a gunsmith or dealer duly licensed pursuant to 7 section 400.00 of this chapter and such person sells, exchanges, gives 8 or disposes of a firearm, rifle or shotgun manufactured or assembled as 9 a ghost gun, unless such sale, exchange, gift or disposal is in compli- 10 ance with all requirements under state and federal law relating to the 11 sale, exchange, gift or disposal of firearms, rifles and shotguns and: 12 (a) the recipient holds a federal firearms license issued pursuant to 13 Section 923 of Title 18 of the United States Code; 14 (b) the recipient is a peace officer, as described in section 2.10 of 15 the criminal procedure law; 16 (c) the recipient is a federal law enforcement officer, as described 17 in section 2.15 of the criminal procedure law; or 18 (d) the sale, exchange, gift, or disposal is between members of an 19 immediate family, as defined in section eight hundred ninety-eight of 20 the general business law; or 21 (3) such person sells, exchanges, gives or disposes of an unfinished 22 firearm frame or receiver, unless: 23 (a) the recipient is a gunsmith duly licensed pursuant to section 24 400.00 of this chapter; 25 (b) the recipient is a peace officer, as described in section 2.10 of 26 the criminal procedure law; or 27 (c) the recipient is a federal law enforcement officer, as described 28 in section 2.15 of the criminal procedure law. 29 Criminal sale of a firearm in the third degree is a class D felony. 30 § 5. Section 265.12 of the penal law, as amended by chapter 764 of the 31 laws of 2005, is amended to read as follows: 32 § 265.12 Criminal sale of a firearm in the second degree. 33 A person is guilty of criminal sale of a firearm in the second degree 34 when such person: 35 (1) unlawfully sells, exchanges, gives or disposes of to another five 36 or more firearms; [or] 37 (2) unlawfully sells, exchanges, gives or disposes of to another 38 person or persons a total of five or more firearms in a period of not 39 more than one year[.]; 40 (3) being a gunsmith or dealer duly licensed pursuant to section 41 400.00 of this chapter, sells, exchanges, gives or disposes of a ghost 42 gun that has not been registered with a licensing officer and engraved 43 or permanently affixed with a serial number as provided in subdivision 44 ten of section 265.10 of this article; or 45 (4) being a gunsmith or dealer duly licensed pursuant to section 46 400.00 of this chapter, sells, exchanges, gives or disposes of a 47 firearm, rifle or shotgun manufactured or assembled as a ghost gun that 48 does not comply with the provisions of subdivision nine or ten of 49 section 265.10 of this article. 50 Criminal sale of a firearm in the second degree is a class C felony. 51 § 6. The penal law is amended by adding a new section 265.38 to read 52 as follows: 53 § 265.38 Unlawful dissemination of instructions for the assembly of a 54 weapon. 55 It shall be unlawful for any person to intentionally publish, over the 56 internet or by means of the world wide web, digital instructions in theS. 9145 4 1 form of computer aided design files or other code that can automatically 2 program a three-dimensional printer or similar device to produce a 3 firearm, rifle or shotgun. 4 Unlawful dissemination of instructions for the assembly of a weapon is 5 a class D felony. 6 § 7. Paragraph (c) of subdivision 1, paragraph (b) and the opening 7 paragraph of paragraph (c) of subdivision 2 of section 70.02 of the 8 penal law, paragraph (c) of subdivision 1 as amended by chapter 368 of 9 the laws of 2015, paragraph (b) of subdivision 2 as amended by section 10 122 of subpart B of part C of chapter 62 of the laws of 2011, and the 11 opening paragraph of paragraph (c) of subdivision 2 as amended by chap- 12 ter 1 of the laws of 2013, are amended to read as follows: 13 (c) Class D violent felony offenses: an attempt to commit any of the 14 class C felonies set forth in paragraph (b); reckless assault of a child 15 as defined in section 120.02, assault in the second degree as defined in 16 section 120.05, menacing a police officer or peace officer as defined in 17 section 120.18, stalking in the first degree, as defined in subdivision 18 one of section 120.60, strangulation in the second degree as defined in 19 section 121.12, rape in the second degree as defined in section 130.30, 20 criminal sexual act in the second degree as defined in section 130.45, 21 sexual abuse in the first degree as defined in section 130.65, course of 22 sexual conduct against a child in the second degree as defined in 23 section 130.80, aggravated sexual abuse in the third degree as defined 24 in section 130.66, facilitating a sex offense with a controlled 25 substance as defined in section 130.90, labor trafficking as defined in 26 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 27 possession of a weapon in the third degree as defined in subdivision 28 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 29 a firearm in the third degree as defined in section 265.11, unlawful 30 dissemination of instructions for the assembly of a weapon as defined in 31 section 265.38, intimidating a victim or witness in the second degree as 32 defined in section 215.16, soliciting or providing support for an act of 33 terrorism in the second degree as defined in section 490.10, and making 34 a terroristic threat as defined in section 490.20, falsely reporting an 35 incident in the first degree as defined in section 240.60, placing a 36 false bomb or hazardous substance in the first degree as defined in 37 section 240.62, placing a false bomb or hazardous substance in a sports 38 stadium or arena, mass transportation facility or enclosed shopping mall 39 as defined in section 240.63, and aggravated unpermitted use of indoor 40 pyrotechnics in the first degree as defined in section 405.18. 41 (b) Except as provided in paragraph (b-1) of this subdivision, subdi- 42 vision six of section 60.05 and subdivision four of this section, the 43 sentence imposed upon a person who stands convicted of a class D violent 44 felony offense, other than the offense of criminal possession of a weap- 45 on in the third degree as defined in subdivision five, seven or eight of 46 section 265.02 [or], criminal sale of a firearm in the third degree as 47 defined in section 265.11 or unlawful dissemination of instructions for 48 the assembly of a weapon as defined in section 265.38, must be in 49 accordance with the applicable provisions of this chapter relating to 50 sentencing for class D felonies provided, however, that where a sentence 51 of imprisonment is imposed which requires a commitment to the state 52 department of corrections and community supervision, such sentence shall 53 be a determinate sentence in accordance with paragraph (c) of subdivi- 54 sion three of this section. 55 Except as provided in subdivision six of section 60.05, the sentence 56 imposed upon a person who stands convicted of the class D violent felonyS. 9145 5 1 offenses of criminal possession of a weapon in the third degree as 2 defined in subdivision five, seven, eight or nine of section 265.02, 3 criminal sale of a firearm in the third degree as defined in section 4 265.11, unlawful dissemination of instructions for the assembly of a 5 weapon as defined in section 265.38 or the class E violent felonies of 6 attempted criminal possession of a weapon in the third degree as defined 7 in subdivision five, seven, eight or nine of section 265.02 must be a 8 sentence to a determinate period of imprisonment, or, in the alterna- 9 tive, a definite sentence of imprisonment for a period of no less than 10 one year, except that: 11 § 8. Paragraph (a) of subdivision 1 of section 460.10 of the penal 12 law, as amended by chapter 368 of the laws of 2015, is amended to read 13 as follows: 14 (a) Any of the felonies set forth in this chapter: sections 120.05, 15 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 16 ing to strangulation; sections 125.10 to 125.27 relating to homicide; 17 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 18 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to 19 labor trafficking; section 135.65 relating to coercion; sections 140.20, 20 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 21 145.12 relating to criminal mischief; article one hundred fifty relating 22 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand 23 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health 24 care fraud; article one hundred sixty relating to robbery; sections 25 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of 26 stolen property; sections 165.72 and 165.73 relating to trademark coun- 27 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 28 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 29 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 30 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating 31 to criminal diversion of prescription medications and prescriptions; 32 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 33 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 34 215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25 35 relating to residential mortgage fraud, sections 190.40 and 190.42 36 relating to criminal usury; section 190.65 relating to schemes to 37 defraud; any felony defined in article four hundred ninety-six; sections 38 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 39 210.15, and 215.51 relating to perjury and contempt; section 215.40 40 relating to tampering with physical evidence; sections 220.06, 220.09, 41 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 42 220.55, 220.60, 220.65 and 220.77 relating to controlled substances; 43 sections 225.10 and 225.20 relating to gambling; sections 230.25, 44 230.30, and 230.32 relating to promoting prostitution; section 230.34 45 relating to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 46 relating to obscenity; sections 263.10 and 263.15 relating to promoting 47 a sexual performance by a child; sections 265.02, 265.03, 265.04, 48 265.11, 265.12, 265.13 and the provisions of section 265.10 which 49 constitute a felony relating to firearms and other dangerous weapons; 50 sections 265.14 and 265.16 relating to criminal sale of a firearm; 51 section 265.38 relating to unlawful dissemination of instructions for 52 the assembly of a weapon; section 275.10, 275.20, 275.30, or 275.40 53 relating to unauthorized recordings; and sections 470.05, 470.10, 470.15 54 and 470.20 relating to money laundering; orS. 9145 6 1 § 9. Paragraph f of subdivision 1 of section 410 of the general busi- 2 ness law, as amended by chapter 80 of the laws of 2015, is amended to 3 read as follows: 4 f. Conviction of any of the following crimes subsequent to the issu- 5 ance of a license or registration pursuant to this article: fraud pursu- 6 ant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and 7 190.65; falsifying business records pursuant to section 175.10; grand 8 larceny pursuant to article 155; bribery pursuant to sections 180.03, 9 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 10 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40; 11 assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery 12 pursuant to article 160; homicide pursuant to sections 125.25 and 13 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping 14 and unlawful imprisonment pursuant to sections 135.10, 135.20 and 15 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03 16 and 265.04; criminal use of a weapon pursuant to sections 265.08 and 17 265.09; criminal sale of a weapon pursuant to sections 265.11 and 18 265.12; unlawful dissemination of instructions for the assembly of a 19 weapon as defined in section 265.38; compelling prostitution pursuant to 20 section 230.33; sex trafficking pursuant to section 230.34; and sex 21 offenses pursuant to article 130 of the penal law. Provided, however, 22 that for the purposes of this article, none of the following shall be 23 considered criminal convictions or reported as such: (i) a conviction 24 for which an executive pardon has been issued pursuant to the executive 25 law; (ii) a conviction which has been vacated and replaced by a youthful 26 offender finding pursuant to article seven hundred twenty of the crimi- 27 nal procedure law, or the applicable provisions of law of any other 28 jurisdiction; or (iii) a conviction the records of which have been 29 expunged or sealed pursuant to the applicable provisions of the laws of 30 this state or of any other jurisdiction; and (iv) a conviction for which 31 other evidence of successful rehabilitation to remove the disability has 32 been issued. 33 § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 34 procedure law, as amended by chapter 368 of the laws of 2015, is amended 35 to read as follows: 36 (b) Any of the following felonies: assault in the second degree as 37 defined in section 120.05 of the penal law, assault in the first degree 38 as defined in section 120.10 of the penal law, reckless endangerment in 39 the first degree as defined in section 120.25 of the penal law, promot- 40 ing a suicide attempt as defined in section 120.30 of the penal law, 41 strangulation in the second degree as defined in section 121.12 of the 42 penal law, strangulation in the first degree as defined in section 43 121.13 of the penal law, criminally negligent homicide as defined in 44 section 125.10 of the penal law, manslaughter in the second degree as 45 defined in section 125.15 of the penal law, manslaughter in the first 46 degree as defined in section 125.20 of the penal law, murder in the 47 second degree as defined in section 125.25 of the penal law, murder in 48 the first degree as defined in section 125.27 of the penal law, abortion 49 in the second degree as defined in section 125.40 of the penal law, 50 abortion in the first degree as defined in section 125.45 of the penal 51 law, rape in the third degree as defined in section 130.25 of the penal 52 law, rape in the second degree as defined in section 130.30 of the penal 53 law, rape in the first degree as defined in section 130.35 of the penal 54 law, criminal sexual act in the third degree as defined in section 55 130.40 of the penal law, criminal sexual act in the second degree as 56 defined in section 130.45 of the penal law, criminal sexual act in theS. 9145 7 1 first degree as defined in section 130.50 of the penal law, sexual abuse 2 in the first degree as defined in section 130.65 of the penal law, 3 unlawful imprisonment in the first degree as defined in section 135.10 4 of the penal law, kidnapping in the second degree as defined in section 5 135.20 of the penal law, kidnapping in the first degree as defined in 6 section 135.25 of the penal law, labor trafficking as defined in section 7 135.35 of the penal law, aggravated labor trafficking as defined in 8 section 135.37 of the penal law, custodial interference in the first 9 degree as defined in section 135.50 of the penal law, coercion in the 10 first degree as defined in section 135.65 of the penal law, criminal 11 trespass in the first degree as defined in section 140.17 of the penal 12 law, burglary in the third degree as defined in section 140.20 of the 13 penal law, burglary in the second degree as defined in section 140.25 of 14 the penal law, burglary in the first degree as defined in section 140.30 15 of the penal law, criminal mischief in the third degree as defined in 16 section 145.05 of the penal law, criminal mischief in the second degree 17 as defined in section 145.10 of the penal law, criminal mischief in the 18 first degree as defined in section 145.12 of the penal law, criminal 19 tampering in the first degree as defined in section 145.20 of the penal 20 law, arson in the fourth degree as defined in section 150.05 of the 21 penal law, arson in the third degree as defined in section 150.10 of the 22 penal law, arson in the second degree as defined in section 150.15 of 23 the penal law, arson in the first degree as defined in section 150.20 of 24 the penal law, grand larceny in the fourth degree as defined in section 25 155.30 of the penal law, grand larceny in the third degree as defined in 26 section 155.35 of the penal law, grand larceny in the second degree as 27 defined in section 155.40 of the penal law, grand larceny in the first 28 degree as defined in section 155.42 of the penal law, health care fraud 29 in the fourth degree as defined in section 177.10 of the penal law, 30 health care fraud in the third degree as defined in section 177.15 of 31 the penal law, health care fraud in the second degree as defined in 32 section 177.20 of the penal law, health care fraud in the first degree 33 as defined in section 177.25 of the penal law, robbery in the third 34 degree as defined in section 160.05 of the penal law, robbery in the 35 second degree as defined in section 160.10 of the penal law, robbery in 36 the first degree as defined in section 160.15 of the penal law, unlawful 37 use of secret scientific material as defined in section 165.07 of the 38 penal law, criminal possession of stolen property in the fourth degree 39 as defined in section 165.45 of the penal law, criminal possession of 40 stolen property in the third degree as defined in section 165.50 of the 41 penal law, criminal possession of stolen property in the second degree 42 as defined by section 165.52 of the penal law, criminal possession of 43 stolen property in the first degree as defined by section 165.54 of the 44 penal law, trademark counterfeiting in the second degree as defined in 45 section 165.72 of the penal law, trademark counterfeiting in the first 46 degree as defined in section 165.73 of the penal law, forgery in the 47 second degree as defined in section 170.10 of the penal law, forgery in 48 the first degree as defined in section 170.15 of the penal law, criminal 49 possession of a forged instrument in the second degree as defined in 50 section 170.25 of the penal law, criminal possession of a forged instru- 51 ment in the first degree as defined in section 170.30 of the penal law, 52 criminal possession of forgery devices as defined in section 170.40 of 53 the penal law, falsifying business records in the first degree as 54 defined in section 175.10 of the penal law, tampering with public 55 records in the first degree as defined in section 175.25 of the penal 56 law, offering a false instrument for filing in the first degree asS. 9145 8 1 defined in section 175.35 of the penal law, issuing a false certificate 2 as defined in section 175.40 of the penal law, criminal diversion of 3 prescription medications and prescriptions in the second degree as 4 defined in section 178.20 of the penal law, criminal diversion of 5 prescription medications and prescriptions in the first degree as 6 defined in section 178.25 of the penal law, residential mortgage fraud 7 in the fourth degree as defined in section 187.10 of the penal law, 8 residential mortgage fraud in the third degree as defined in section 9 187.15 of the penal law, residential mortgage fraud in the second degree 10 as defined in section 187.20 of the penal law, residential mortgage 11 fraud in the first degree as defined in section 187.25 of the penal law, 12 escape in the second degree as defined in section 205.10 of the penal 13 law, escape in the first degree as defined in section 205.15 of the 14 penal law, absconding from temporary release in the first degree as 15 defined in section 205.17 of the penal law, promoting prison contraband 16 in the first degree as defined in section 205.25 of the penal law, 17 hindering prosecution in the second degree as defined in section 205.60 18 of the penal law, hindering prosecution in the first degree as defined 19 in section 205.65 of the penal law, sex trafficking as defined in 20 section 230.34 of the penal law, criminal possession of a weapon in the 21 third degree as defined in subdivisions two, three and five of section 22 265.02 of the penal law, criminal possession of a weapon in the second 23 degree as defined in section 265.03 of the penal law, criminal 24 possession of a weapon in the first degree as defined in section 265.04 25 of the penal law, manufacture, transport, disposition and defacement of 26 weapons and dangerous instruments and appliances defined as felonies in 27 subdivisions one, two, and three of section 265.10 of the penal law, 28 sections 265.11, 265.12 and 265.13 of the penal law, [or] prohibited use 29 of weapons as defined in subdivision two of section 265.35 of the penal 30 law, relating to firearms and other dangerous weapons, unlawful dissem- 31 ination of instructions for the assembly of a weapon as defined in 32 section 265.38 of the penal law, or failure to disclose the origin of a 33 recording in the first degree as defined in section 275.40 of the penal 34 law; 35 § 11. Subparagraph i of paragraph 7 of subdivision a of section 9-131 36 of the administrative code of the city of New York, as added by local 37 law number 58 of the city of New York for the year 2014, is amended to 38 read as follows: 39 i. a felony defined in any of the following sections of the penal law: 40 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 41 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 42 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 43 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 44 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 45 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 46 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 47 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 48 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 49 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 50 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 51 230.32, 230.33, 230.34, 235.22, 240.06, 240.55, 240.60, 240.61, 240.62, 52 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05, 53 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 265.01-b, 265.02(2) 54 through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 265.11, 265.12, 55 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 265.38, 270.30, 56 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23, 470.24,S. 9145 9 1 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 490.45, 2 490.47, 490.50, or 490.55; 3 § 12. Subparagraph i of paragraph 6 of subdivision a of section 14-154 4 of the administrative code of the city of New York, as added by local 5 law number 59 of the city of New York for the year 2014, is amended to 6 read as follows: 7 i. a felony defined in any of the following sections of the penal law: 8 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 9 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 10 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 11 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 12 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 13 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 14 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 15 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 16 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 17 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 18 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 19 230.32, 230.33, 230.34, 235.22, 240.06, 240.55, 240.60, 240.61, 240.62, 20 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05, 21 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 265.01-b, 265.02 (2) 22 through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 265.11, 265.12, 23 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 265.38, 270.30, 24 270.35, 405.16(l), 405.18, 460.22, 470.21, 470.22, 470.23, 470.24, 25 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 490.45, 26 490.47, 490.50, or 490.55; 27 § 13. This act shall take effect on the first of November next 28 succeeding the date upon which it shall have become a law. Effective 29 immediately, the addition, amendment and/or repeal of any rule or regu- 30 lation necessary for the implementation of this act on its effective 31 date are authorized to be made on or before such effective date.
