RotaryMags wrote: ↑
Mon Jul 27, 2020 3:04 pm
OK, I just read all of it and I don't see an issue.
"Gunsmith" refers to anyone who build or assembles...
That could be any of us. But it DOES NOT include usual cleaning/maint.
It just says that it's illegal to assemble, manufacture or sell and UN-serialzed firearm.
Hasn't that been a Federal law like, forever?
5 8. "Gunsmith" means (a) any person, firm, partnership, corporation or
6 company who engages in the business of repairing, altering, assembling,
7 manufacturing, cleaning, polishing, engraving or trueing, or who
8 performs any mechanical operation on, any firearm, large capacity ammu-
9 nition feeding device or machine-gun; or (b) any person who assembles,
10 manufactures, fabricates, builds, or fits together the component parts
11 of a firearm, rifle or shotgun, regardless of whether the firearm, rifle
12 or shotgun is intended for personal use, commercial sale or for any
13 other purpose. "Gunsmith" shall not include any person who performs
14 routine cleaning or maintenance on a lawfully possessed firearm, rifle
15 or shotgun for non-commercial purposes.
54 8. Any person other than a gunsmith duly licensed pursuant to section
55 400.00 of this chapter who assembles, manufactures, fabricates, builds
56 or fits together the component parts of a firearm, rifle or shotgun,
S. 7763--A 3
1 other than for the purposes of performing routine cleaning or mainte-
2 nance on a lawfully possessed firearm, rifle or shotgun for non-commer-
3 cial purposes, is guilty of a class C felony.
Regarding the firearms:
9 (11) Such person is not a gunsmith duly licensed pursuant to section
10 400.00 of this chapter and possesses a ghost gun, provided that for a
11 period of six months after the effective date of this subdivision, a
12 person shall not be guilty of criminal possession of a weapon in the
13 third degree when such person possesses a ghost gun during the process
14 of providing such ghost gun to a gunsmith duly licensed pursuant to
15 section 400.00 of this chapter for the purposes of having such ghost gun
16 serialized and registered pursuant to section 265.07 of this article.
17 § 5. The penal law is amended by adding a new section 265.07 to read
18 as follows:
19 § 265.07 Registration and serialization of firearms, rifles, shotguns,
20 finished frames or receivers, and unfinished frames or
21 receivers by gunsmiths.
22 (1) For the purposes of this section, "unfinished frame or receiver"
23 means a piece of any material that does not constitute the frame or
24 receiver of a firearm, rifle or shotgun but that has been shaped or
25 formed in any way for the purpose of becoming the frame or receiver of a
26 firearm, rifle or shotgun, and which may readily be made into a func-
27 tional frame or receiver through milling, drilling or other means. The
28 term shall not include a piece of material that has had its size or
29 external shape altered to facilitate transportation or storage or has
30 had its chemical composition altered.