S 399: Makes it illegal for certain persons to possess or sell a pistol converter or a converted pistol; directs the superintendent of the state police to publish a list of pistols that the superintendent has determined to be convertible pistols.

  
  STATE OF NEW YORK ________________________________________________________________________ 399 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the regulation of pistol converters and convertible pistols 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 265.00 of the penal law is amended 2 and a new subdivision 37 is added to read as follows: 3 1. "Machine-gun" means a weapon of any description, irrespective of 4 size, by whatever name known, loaded or unloaded, from which a number of 5 shots or bullets may be rapidly or automatically discharged from a maga- 6 zine with one continuous pull of the trigger and includes a sub-machine 7 gun, and also includes any convertible pistol that is equipped with a 8 pistol converter. 9 37. "Convertible pistol" means any semi-automatic pistol that can be 10 converted into a machine-gun solely by the installation or attachment of 11 a pistol converter. 12 § 2. Subdivision 10 of section 265.02 of the penal law, as added by 13 chapter 1 of the laws of 2013, is amended and a new subdivision 11 is 14 added to read as follows: 15 (10) Such person possesses an unloaded firearm and also commits any 16 violent felony offense as defined in subdivision one of section 70.02 of 17 this chapter as part of the same criminal transaction[.]; or 18 (11) Such person knowingly possesses any pistol converter. 19 § 3. Subdivisions 1 and 2 of section 265.10 of the penal law, as 20 amended by chapter 481 of the laws of 2024, are amended and a new subdi- 21 vision 10 is added to read as follows: 22 1. Any person who manufactures or causes to be manufactured any 23 machine-gun, pistol converter, assault weapon, large capacity ammunition 24 feeding device or disguised gun is guilty of a class D felony. Any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00308-01-5 
 S. 399 2 1 person who manufactures or causes to be manufactured any rapid-fire 2 modification device is guilty of a class E felony. Any person who manu- 3 factures or causes to be manufactured any switchblade knife, pilum 4 ballistic knife, metal knuckle knife, undetectable knife, billy, 5 blackjack, bludgeon, plastic knuckles, metal knuckles, throwing star, 6 chuka stick, sandbag, sandclub or slungshot is guilty of a class A 7 misdemeanor. 8 2. Any person who transports or ships any machine-gun, pistol convert- 9 er, firearm silencer, assault weapon or large capacity ammunition feed- 10 ing device or disguised gun, or who transports or ships as merchandise 11 five or more firearms, is guilty of a class D felony. Any person who 12 transports or ships any rapid-fire modification device is guilty of a 13 class E felony. Any person who transports or ships as merchandise any 14 firearm, other than an assault weapon, switchblade knife, pilum ballis- 15 tic knife, undetectable knife, billy, blackjack, bludgeon, plastic 16 knuckles, metal knuckles, throwing star, chuka stick, sandbag or slung- 17 shot is guilty of a class A misdemeanor. 18 10. Any person, dealer, firm, partnership, or corporation who disposes 19 of or who transports or ships as merchandise a convertible pistol is 20 guilty of a class D felony. 21 § 4. Section 265.20 of the penal law is amended by adding a new subdi- 22 vision f to read as follows: 23 f. Subdivision ten of section 265.10 of this article shall not apply 24 to the disposition of a convertible pistol to, nor to the transport or 25 shipping as merchandise of a convertible pistol for disposition to the 26 following: 27 1. Persons in the military service of the state of New York when duly 28 authorized by regulations issued by the adjutant general to possess the 29 same. 30 2. Police officers as defined in subdivision thirty-four of section 31 1.20 of the criminal procedure law. 32 3. Peace officers as defined by section 2.10 of the criminal procedure 33 law. 34 4. Persons in the military or other service of the United States, in 35 pursuit of official duty or when duly authorized by federal law, regu- 36 lation or order to possess the same. 37 5. Persons employed in fulfilling defense contracts with the govern- 38 ment of the United States or agencies thereof when possession of the 39 same is necessary for manufacture, transport, installation and testing 40 under the requirements of such contract. 41 6. Persons engaging in the business of gunsmith or dealer in firearms 42 to whom a valid license therefor has been issued pursuant to section 43 400.00 of this chapter. 44 § 5. This act shall take effect on the thirtieth day after it shall 45 have become a law.