New York State Senate Dems, Repubs pass bill banning home-built firearms

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DispositionMatrix
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New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by DispositionMatrix »

S7763A: https://www.nysenate.gov/legislation/bi ... mendment/a

New York State Senate Passes The Jose Webster Untraceable Firearms Act, The Nation's Toughest Ghost Gun Law
  • Defines a “ghost gun” as any firearm, rifle, or shotgun that isn’t serialized and registered in accordance with either state or federal law
  • Prohibits the possession of ghost guns by anyone but a licensed gunsmith
  • Prohibits the sale of ghost guns entirely
  • Prohibits the manufacture or assembly of a firearm, rifle, or shotgun by anyone other than a licensed gunsmith
  • Requires New York gunsmiths to serialize all firearms, rifles, shotguns, or unfinished frames or receivers they manufacture or assemble, and to register any such gun, frame or receiver that isn’t otherwise covered by federal serialization law with the Division of State Police
A9903A: https://www.nysenate.gov/legislation/bi ... mendment/a

They're going to get away with this because they are restricting the building of firearms to "licensed gunsmiths."

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Re: New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by BKinzey »

"Assembly".

That's cleaning isn't it? If not, how far? Assemble a parts kit onto a firearm frame and go to jail?

Then there is the "problem" of all those pre 1968 firearms that are now Ghost Guns.

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Re: New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by RotaryMags »

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?
John
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Re: New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by offensivename »

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?
Quoted above "Prohibits the manufacture or assembly of a firearm, rifle, or shotgun by anyone other than a licensed gunsmith"

I'll assume that means you have an FFL01

Currently federal law does not require a home build firearm to have a serial number. You aren't allowed to build a firearm without an FFL with the intent to sell it.

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Re: New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by DispositionMatrix »

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?
"Gunsmith":
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.

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Re: New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by RotaryMags »

Sorry, it's that overly broad definition of gunsmith that is getting me.
The idea that I can't DIY anything I want, as long as it gets serialized/signed off/passes final inspection, is pretty absurd.

Is the law really to protect licensed gunsmiths/FFL holders from unlicensed competition?
That sounds like the R part of it.
The section regarding the firearms makes perfect sense, but to say I'm a gunsmith because I swap out a readily
exchangeable part on a personal firearm...
That sounds like the D part.
John
"I'll have no Commies in my car...No Christians either!"

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Re: New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by rolandson »

There goes my potato gun.

Ya know, the people of New York can change this anytime they like. It's their call.
good tea, nice house

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Re: New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by Bisbee »

“Prohibits the manufacture or assembly of a firearm, rifle, or shotgun by anyone other than a licensed gunsmith”

Yeah, I just don’t see that standing in a Federal Court challenge.
"It is better to be violent, if there is violence in our hearts, than to put on the cloak of non-violence to cover impotence. There is hope for a violent man to become non-violent. There is no such hope for the impotent." -Gandhi

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Re: New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by wings »

Hairdressers need licenses. That's going to be an issue.

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Re: New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by DispositionMatrix »

RotaryMags wrote:
Mon Jul 27, 2020 6:08 pm
Is the law really to protect licensed gunsmiths/FFL holders from unlicensed competition?
No.

People have been building their own firearms since there have been firearms. I'm not naïve enough to buy that suddenly it's a problem.

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Re: New York State Senate Dems, Repubs pass bill banning home-built firearms

Post by NegativeApproach »

They should pass a law making breaking the law more illigaler. That would solve the problem, certainly.

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