STATE OF NEW YORK
________________________________________________________________________
13
2021-2022 Regular Sessions
IN SENATE
(Prefiled)
January 6, 2021
___________
Introduced by Sens. KAPLAN, HOYLMAN, BIAGGI, BROOKS, GAUGHRAN,
GOUNARDES, KAVANAGH, LIU, MAY, THOMAS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to enacting the "Scott J.
Beigel unfinished receiver act" in relation to unfinished frames or
receivers
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Scott J.
2 Beigel unfinished receiver act".
3 § 2. Section 265.00 of the penal law is amended by adding a new subdi-
4 vision 32 to read as follows:
5 32. "Unfinished frame or receiver" means a piece of any material that
6 does not constitute the frame or receiver of a firearm, rifle or shotgun
7 but that has been shaped or formed in any way for the purpose of becom-
8 ing the frame or receiver of a firearm, rifle or shotgun, and which may
9 readily be made into a functional frame or receiver through milling,
10 drilling or other means. The term shall not include a piece of material
11 that has had its size or external shape altered to facilitate transpor-
12 tation or storage or has had its chemical composition altered.
13 § 3. Section 265.02 of the penal law is amended by adding two new
14 subdivisions 11 and 12 to read as follows:
15 (11) Such person is not a gunsmith duly licensed pursuant to section
16 400.00 of this chapter and possesses an unfinished frame or receiver; or
17 (12) Such person possesses a major component of a firearm, rifle, or
18 shotgun and such person is prohibited from possessing a shotgun or rifle
19 pursuant to:
20 (i) this article;
21 (ii) subsection (g) of section 922 of title 18 of the United States
22 Code; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03225-01-1
S. 13 2
1 (iii) a temporary or final extreme risk protection order issued under
2 article sixty-three-A of the civil practice law and rules.
3 § 4. The penal law is amended by adding three new sections 265.63,
4 265.64 and 265.65 to read as follows:
5 § 265.63 Criminal sale of an unfinished frame or receiver in the third
6 degree.
7 1. Except as otherwise provided in subdivision two of this section, a
8 person is guilty of criminal sale of an unfinished frame or receiver in
9 the third degree when such person sells, exchanges, gives or disposes of
10 an unfinished frame or receiver.
11 2. A person shall not be guilty of criminal sale of an unfinished
12 frame or receiver in the third degree if such person:
13 (a) sells, exchanges, gives or disposes of such unfinished frame or
14 receiver to a gunsmith duly licensed pursuant to section 400.00 of this
15 chapter; or
16 (b) voluntarily surrenders such unfinished frame or receiver to any
17 law enforcement official designated pursuant to subparagraph (f) of
18 paragraph one of subdivision a of section 265.20 of this article.
19 Criminal sale of an unfinished frame or receiver in the third degree
20 is a class E felony.
21 § 265.64 Criminal sale of an unfinished frame or receiver in the second
22 degree.
23 1. Except as otherwise provided in subdivision two of this section, a
24 person is guilty of criminal sale of an unfinished frame or receiver in
25 the second degree when such person:
26 (a) sells, exchanges, gives or disposes of five or more unfinished
27 frames or receivers; or
28 (b) sells, exchanges, gives or disposes of a total of five or more
29 unfinished frames or receivers in a period of not more than one year.
30 2. A person shall not be guilty of criminal sale of an unfinished
31 frame or receiver in the second degree if such person:
32 (a) sells, exchanges, gives or disposes of such unfinished frames or
33 receivers to a gunsmith duly licensed pursuant to section 400.00 of this
34 chapter; or
35 (b) voluntarily surrenders such unfinished frames or receivers to any
36 law enforcement official designated pursuant to subparagraph (f) of
37 paragraph one of subdivision a of section 265.20 of this article.
38 Criminal sale of an unfinished frame or receiver in the second degree
39 is a class D felony.
40 § 265.65 Criminal sale of an unfinished frame or receiver in the first
41 degree.
42 1. A person is guilty of criminal sale of an unfinished frame or
43 receiver in the first degree when such person:
44 (a) sells, exchanges, gives or disposes of ten or more unfinished
45 frames or receivers; or
46 (b) sells, exchanges, gives or disposes of a total of ten or more
47 unfinished frames or receivers in a period of not more than one year.
48 2. A person shall not be guilty of criminal sale of an unfinished
49 frame or receiver in the first degree if such person:
50 (a) sells, exchanges, gives, or disposes of such unfinished frames or
51 receivers to a gunsmith duly licensed pursuant to section 400.00 of this
52 chapter; or
53 (b) voluntarily surrenders such unfinished frames or receivers to any
54 law enforcement official designated pursuant to subparagraph (f) of
55 paragraph one of subdivision a of section 265.20 of this article.
S. 13 3
1 Criminal sale of an unfinished frame or receiver in the first degree
2 is a class C felony.
3 § 5. This act shall take effect on the one hundred twentieth day after
4 it shall have become a law. Effective immediately, the addition, amend-
5 ment and/or repeal of any rule or regulation necessary for the implemen-
6 tation of this act on its effective date are authorized to be made and
7 completed on or before such effective date.