STATE OF NEW YORK
        ________________________________________________________________________

                                          9517

                   IN ASSEMBLY

                                     March 20, 2024
                                       ___________

        Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
          tee on Codes

        AN  ACT  to amend the penal law, in relation to criminal possession of a
          ghost gun; and repealing certain provisions of such law relating ther-
          eto

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

     1    Section  1. Section 265.03 of the penal law, as amended by chapter 742
     2  and subdivisions 1 and 3 as amended by chapter 745 of the laws of  2006,
     3  is amended to read as follows:
     4  § 265.03 Criminal possession of a weapon in the second degree.
     5    A  person  is  guilty of criminal possession of a weapon in the second
     6  degree when:
     7    (1) with intent to use  the  same  unlawfully  against  another,  such
     8  person:
     9    (a) possesses a machine-gun; or
    10    (b) possesses a loaded firearm; or
    11    (c) possesses a disguised gun; or
    12    (2) such person possesses five or more firearms; or
    13    (3)  such  person  possesses any loaded firearm. Such possession shall
    14  not, except as provided in subdivision one or seven of section 265.02 of
    15  this article,  constitute  a  violation  of  this  subdivision  if  such
    16  possession takes place in such person's home or place of business[.]; or
    17    (4)  such person is not licensed as a gunsmith or a dealer in firearms
    18  with intent to manufacture and/or distribute such firearms  pursuant  to
    19  section  400.00  of  this  chapter  and, knowing it is a ghost gun, such
    20  person possesses a ghost gun, provided that a person shall not be guilty
    21  under this section when he or she voluntarily surrenders such ghost  gun
    22  to  any law enforcement official designated pursuant to subparagraph (f)
    23  of paragraph one of subdivision (a) of section 265.20 of  this  article.
    24  In conjunction with the attorney general's office, educational materials
    25  relating  to  this subdivision shall be made available to the public for
    26  no less than two years following the effective date of this subdivision.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13734-02-4

        A. 9517                             2

     1    Criminal possession of a weapon in the second  degree  is  a  class  C
     2  felony.
     3    §  2.  Subdivision 9 of section 265.01 of the penal law, as amended by
     4  chapter 149 of the laws of 2022, is REPEALED.
     5    § 3. This act shall take effect immediately.