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A07489 Summary:

BILL NOA07489
 
SAME ASSAME AS S07364
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd 265.10 & 265.00, Pen L; amd 700.05, CP L
 
Relates to the regulation of three-dimensional printed firearms; provides that a person who intentionally sells, distributes, or disposes of a three-dimensional printed firearm is guilty of a class A misdemeanor.
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A07489 Actions:

BILL NOA07489
 
05/25/2023referred to codes
01/03/2024referred to codes
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A07489 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7489
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to the regulation of three-dimensional printed firearms   PURPOSE: To prohibit the use of three-dimensional printers to manufacture ghost guns, silencers, magazines, or other firearm parts and to prohibit the sale, distribution and distribution of the digital instructions to do the same.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 265.10 of the penal law to include the use of three-dimensional printer and the manufacture of ghost guns, silencers, or other firearm components in the class D felony of manufacturing firearms and create the class A misdemeanor of the intentional sale of digital instructions for such manufacturing. Section 2 amends section 265.00 of the penal law to add subdivision 36 defining the term "three-dimensional printer." Section 3 amends subdivision 8 of section 700.05 of the criminal proce- dure law to include the manufacture, transport, disposition, and deface- ment of weapons and dangerous instruments in the definition of "desig- nated offense" for eavesdropping and video surveillance warrants. Section 4 establishes the severability of the bill. Section 5 provides the effective date of the bill.   JUSTIFICATION: So-called "ghost guns" --- unregistered, untraceable firearms and firearm components --- continue to be a major threat to the safety of New Yorkers, even after the Jose Webster Untraceable Firearms Act banned the sale of such guns in our state in 2021. Nearly half of all untracea- ble firearms recovered by New York in 2022 were ghost guns, and the New York Police Department reports a 75% increase in the. seizure of ghost guns between 2021 and 2022. This is a growing trend: whereas in 2022 365 ghost guns were seized by the NYPD, that number was just 17 in 2018. This bill would include the manufacture of ghost guns, unfinished gun parts silencers, magazines, and other firearm components in the existing class D felony of manufacture of a machine-gun or assault weapon and clarify that that crime includes the manufacture of such items using a three-dimensional printer. It would criminalize the intentional sale, distribution, or disposal of digital instructions that may be used to program a three-dimensional printer to produce such weapons. This will ensure that New York's existing prohibition on the manufacture of ghost guns is comprehensive, precise, and responsive to the technology perpe- trators may use to commit that crime.   LEGISLATIVE HISTORY: New bill.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
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A07489 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7489
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2023
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation to the regulation of three-dimensional printed firearms
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 265.10 of the penal law, as  sepa-
     2  rately  amended  by  chapters  34,  130  and 146 of the laws of 2019, is
     3  amended and a new subdivision 10 is added to read as follows:
     4    1. Any person who manufactures or causes to be manufactured, including
     5  but not limited to using a three-dimensional printer to  manufacture  or
     6  cause to be manufactured, any machine-gun, assault weapon, large capaci-
     7  ty  ammunition  feeding device, ghost gun, unfinished frame or receiver,
     8  firearm silencer, magazine, or major component of a  firearm,  rifle  or
     9  shotgun  or  disguised gun is guilty of a class D felony. Any person who
    10  manufactures or causes to be manufactured  any  rapid-fire  modification
    11  device  is  guilty  of  a class E felony. Any person who manufactures or
    12  causes to be manufactured any switchblade knife, pilum ballistic  knife,
    13  metal  knuckle  knife,  undetectable  knife, billy, blackjack, bludgeon,
    14  plastic knuckles, metal knuckles, Kung Fu star,  chuka  stick,  sandbag,
    15  sandclub or slungshot is guilty of a class A misdemeanor.
    16    10.  Any  person who intentionally sells, distributes, or disposes of,
    17  by any means, including via the internet, digital  instructions  in  the
    18  form  of  computer-aided  design  files,  standard triangle/tessellation
    19  language files, or other code  or  instructions  that  may  be  used  to
    20  program  a  three-dimensional  printer  to  manufacture  or  produce any
    21  machine-gun, assault weapon, large capacity ammunition  feeding  device,
    22  disguised  gun, ghost gun, unfinished frame or receiver, firearm silenc-
    23  er, magazine, or major component of a firearm, rifle or shotgun is guil-
    24  ty of a class A misdemeanor.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11376-01-3

        A. 7489                             2
 
     1    § 2. Section 265.00 of the penal law is amended by adding a new subdi-
     2  vision 36 to read as follows:
     3    36.  "Three-dimensional  printer"  means a computer or computer-driven
     4  machine or device capable of producing a three-dimensional object from a
     5  digital model.
     6    § 3. Subdivision 8 of section 700.05 of the criminal procedure law  is
     7  amended by adding a new paragraph (w) to read as follows:
     8    (w)  Manufacture, transport, disposition and defacement of weapons and
     9  dangerous instruments and appliances as provided in subdivision  ten  of
    10  section 265.10 of the penal law.
    11    § 4. Severability. If any provision of this act, or any application of
    12  any  provision of this act, is held to be invalid, that shall not affect
    13  the validity or effectiveness of any other provision of this act, or  of
    14  any  other  application of any provision of this act, which can be given
    15  effect without that provision or  application;  and  to  that  end,  the
    16  provisions and applications of this act are severable.
    17    §  5.  This  act  shall take effect on the sixtieth day after it shall
    18  have become a law.
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