STATE OF NEW YORK
________________________________________________________________________
9324
IN SENATE
May 16, 2022
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Introduced by Sen. THOMAS -- 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 unlawful dissemination or
publication of files or instructions for the digital manufacture of a
firearm or components
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 265.65 to
2 read as follows:
3 § 265.65 Unlawful dissemination or publication of files or instructions
4 for the digital manufacture of a firearm or components.
5 1. A person is guilty of unlawful dissemination or publication of
6 files or instructions for the digital manufacture of a firearm or compo-
7 nents when:
8 (a) he or she disseminates or publishes files or instructions for the
9 digital manufacture of a firearm or components without being licensed as
10 a gunsmith or dealer in firearms under article four hundred of this
11 chapter; or
12 (b) he or she disseminates or publishes files or instructions for the
13 digital manufacture of a firearm or components without performing a
14 background check on the purchaser or downloader of such instructions
15 through the National Instant Criminal Background Check System (NICS), or
16 its successor.
17 2. For purposes of this section "firearm" means the same as section
18 265.00 of this article.
19 3. For purposes of this section "digital manufacture of a firearm or
20 components" means the production of any firearm or the major component
21 of a firearm, rifle or shotgun using additive manufacturing or digital
22 manufacturing technologies including, but not limited to, computer
23 numerical control mills, three-dimensional printers, and laser cutting
24 machines.
25 4. Nothing in this section shall be construed to limit, or to enlarge,
26 the protections that 47 U.S.C § 230 confers on an interactive computer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15892-01-2
S. 9324 2
1 service for content provided by another information content provider, as
2 such terms are defined in 47 U.S.C. § 230.
3 Unlawful dissemination or publication of files or instructions for the
4 digital manufacture of a firearm or components is a class C felony.
5 § 2. Subdivision 3 of section 265.00 of the penal law, as amended by
6 chapter 189 of the laws of 2000, is amended to read as follows:
7 3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
8 one or more barrels less than eighteen inches in length; or (c) a rifle
9 having one or more barrels less than sixteen inches in length; or (d)
10 any weapon made from a shotgun or rifle whether by alteration, modifica-
11 tion, or otherwise if such weapon as altered, modified, or otherwise has
12 an overall length of less than twenty-six inches; or (e) an assault
13 weapon; or (f) a digitally manufactured firearm or component of a
14 firearm, rifle or shotgun as defined in section 265.65 of this article.
15 For the purpose of this subdivision the length of the barrel on a shot-
16 gun or rifle shall be determined by measuring the distance between the
17 muzzle and the face of the bolt, breech, or breechlock when closed and
18 when the shotgun or rifle is cocked; the overall length of a weapon made
19 from a shotgun or rifle is the distance between the extreme ends of the
20 weapon measured along a line parallel to the center line of the bore.
21 Firearm does not include an antique firearm.
22 § 3. This act shall take effect immediately.