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.