STATE OF NEW YORK
________________________________________________________________________
7364--A
2023-2024 Regular Sessions
IN SENATE
May 22, 2023
___________
Introduced by Sens. HOYLMAN-SIGAL, CLEARE, GOUNARDES, HARCKHAM -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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 any
5 machine-gun, assault weapon, large capacity ammunition feeding device,
6 ghost gun, unfinished frame or receiver, firearm silencer, magazine, or
7 major component of a firearm, rifle or shotgun or disguised gun is guil-
8 ty of a class D felony. Any person who manufactures or causes to be
9 manufactured any rapid-fire modification device is guilty of a class E
10 felony. Any person who manufactures or causes to be manufactured any
11 switchblade knife, pilum ballistic knife, metal knuckle knife, undetect-
12 able knife, billy, blackjack, bludgeon, plastic knuckles, metal knuck-
13 les, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is guilty
14 of a class A misdemeanor.
15 10. Any person who intentionally sells, distributes, or disposes of,
16 by any means, including via the internet, digital instructions in the
17 form of computer-aided design files, standard triangle/tessellation
18 language files, or other code or instructions that may be used to
19 program a three-dimensional printer to manufacture or produce any
20 machine-gun, assault weapon, large capacity ammunition feeding device,
21 disguised gun, ghost gun, unfinished frame or receiver, firearm silenc-
22 er, magazine, or major component of a firearm, rifle or shotgun, to a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11376-02-4
S. 7364--A 2
1 person in New York who is not registered or licensed as a gunsmith as
2 provided for in section 400.00 of this chapter with a Type 7 Federal
3 Firearms License, is guilty of a class A misdemeanor.
4 § 2. Section 265.00 of the penal law is amended by adding a new subdi-
5 vision 36 to read as follows:
6 36. "Three-dimensional printer" means a computer or computer-driven
7 machine or device capable of producing a three-dimensional object from a
8 digital model.
9 § 3. Subdivision 8 of section 700.05 of the criminal procedure law is
10 amended by adding a new paragraph (w) to read as follows:
11 (w) Manufacture, transport, disposition and defacement of weapons and
12 dangerous instruments and appliances as provided in subdivision ten of
13 section 265.10 of the penal law.
14 § 4. Severability. If any provision of this act, or any application of
15 any provision of this act, is held to be invalid, that shall not affect
16 the validity or effectiveness of any other provision of this act, or of
17 any other application of any provision of this act, which can be given
18 effect without that provision or application; and to that end, the
19 provisions and applications of this act are severable.
20 § 5. This act shall take effect on the sixtieth day after it shall
21 have become a law.