Let’s look at New York Senate Bill S9225.
An act to amend the penal law, in relation to the regulation of pistol converters and convertible pistols
Section 1 amends subdivision 1 of section 265.00 of the penal law, which defines “Machine-gun” and adds two new subdivisions 36 and 37 to that section to define the following terms: “Pistol converter”, and “Convertible pistol”.
Section 2 amends subdivision 10 of section 265.02 of the penal law, as added by Chapter 1 of the laws of 2013 by adding a new subdivision 11 that criminalizes the possession of any pistol converter.
1. “Machine-gun” means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun, AND ALSO INCLUDES ANY CONVERTIBLE PISTOL THAT IS EQUIPPED WITH A PISTOL CONVERTER.
36. “PISTOL CONVERTER” MEANS ANY DEVICE OR INSTRUMENT THAT WHEN INSTALLED IN OR ATTACHED TO THE SLIDE OF A SEMI-AUTOMATIC PISTOL INTERFERES WITH THE TRIGGER MECHANISM AND THEREBY ENABLES THE PISTOL TO DISCHARGE A NUMBER OF SHOTS OR BULLETS RAPIDLY OR AUTOMATICALLY WITH ONE CONTINUOUS PULL OF THE TRIGGER.
37. “CONVERTIBLE PISTOL” MEANS ANY SEMI-AUTOMATIC PISTOL THAT CAN BE CONVERTED INTO A MACHINE-GUN SOLELY BY THE INSTALLATION OR ATTACHMENT OF A PISTOL CONVERTER.
If I read this correctly, any pistol that can be converted to full-auto by adding a converter is a machinegun according to this bill, regardless of whether or not it has been converted.
Since this bill is in direct response to the availability of aftermarket Glock switches, that means that every Glock is would be classified as a machinegun.
If a converter is created for other striker or hammer fired pistols, those models, too, would be reclassified as machineguns by virtue of the existence of converters.
Presumably, AR pistols would also be illegal machineguns, assuming you have a NY SAFE compliant model that’s been registered, duty to the existence of lightning links.
In the end, this bill seeks to ban the most popular handgun in America, and possibly many other models, due to the existence of an already illegal aftermarket accessory, even of your don’t own or install the accessory.
New York will probably pass it, the ensuing court fight will be where New Yorkers possibly get a reprieve.
Update:
Based on the number of comments I read, I want to highlight a piece of relevant text.
“CONVERTIBLE PISTOL” MEANS ANY SEMI-AUTOMATIC PISTOL THAT CAN BE CONVERTED INTO A MACHINE-GUN SOLELY BY THE INSTALLATION OR ATTACHMENT OF A PISTOL CONVERTER.
“That can be converted” is the kicker.
A Glock can be converted into full auto by the addition of a switch.
That section of text makes it clear that installing a switch is not required. If the model gun can be converted by installing a switch, that is sufficient to be a machinegun.
Yes, it’s bad law. So is thr NY SAFE Act. That didn’t stop New York from passing it.
Since GLOCK is the most popular Law Enforcement service handgun for police in NY, including the NYSP & NYPD; GLOCK executive management should do the following: Message every agency using their product in the State that, if this bill passes, they will no longer support their product or offer lucrative price incentives. Period. Other manufacturers should follow that lead. I’m sure the Progressive Elite politicritters won’t mind. That’s what they want.
“…AND ALSO INCLUDES ANY CONVERTIBLE PISTOL THAT IS EQUIPPED WITH A PISTOL CONVERTER.”
Correct.
And, last time I checked, machine guns were already banned in NY State. So this law is redundant.
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Now, if the bill was written to say “Any firearm that couldbe converted through the use of a pistol convertor..” then it would be outlawing Glocks.
Read the entire bill:
37. “CONVERTIBLE PISTOL” MEANS ANY SEMI-AUTOMATIC PISTOL THAT CAN BE
CONVERTED INTO A MACHINE-GUN SOLELY BY THE INSTALLATION OR ATTACHMENT OF
A PISTOL CONVERTER.
(snip irrelevant portions)
10. ANY PERSON, DEALER, FIRM, PARTNERSHIP, OR CORPORATION WHO DISPOSES
OF OR WHO TRANSPORTS OR SHIPS AS MERCHANDISE A CONVERTIBLE PISTOL IS
GUILTY OF A CLASS D FELONY.
Section 10 is the important part. Thanks.
Did not read section 10.
However, the changes to Section 1 will need to be changed in order to ban Glocks using this bill.
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Section 1 applies to a convertible pistol “…THAT IS EQUIPPED WITH A PISTOL CONVERTER.”
The IS in that statement is important. It does not say “can be” it says IS.
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Now, had jkb included Section 10 in his original post, the ban would be obvious. However, it is not going to outlaw Glocks or ban private ownership, if I am reading it correctly.
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Section 10 makes the transportation or shipment of the (assumed) unconverted “convertible” pistol as merchandise a felony. As merchandise is the operative phrase here. (Of course, NY probably has a definition of “merchandise” that is so broad it may cover private ownership and use, I do not know.) It bans FFLs from bringing Glocks into the State, or even to their store because they could be converted.
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Private ownership of a convertible pistol without the pistol converter installed does not appear to be a felony based on the info presented here. If I am reading the info I have on hand correctly, if you own a Glock in NY, you can keep it.
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Final note. Does not matter what we say here, I will bet every dollar pResident Briben allows me to keep in my wallet, the bill has already been edited to turn it into a defacto ban.
Slight retraction to the above…
Read and re-read section 10. Punctuation is important, and this section lacks it. What does “as merchandise” apply to?:
1. An entity that disposes of or transports/ships
-OR-
2. An entity that ships for business reasons.
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Say you are an individual who is not involved in guns as a business.
First test, does this section apply to you? Yes. You are a person.
Second test, are you doing something that will cause the Class D felony to apply to you? Maybe.
Depends on how you read it.
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ANY PERSON, DEALER, FIRM, PARTNERSHIP, OR CORPORATION WHO DISPOSES
OF OR WHO TRANSPORTS OR SHIPS AS MERCHANDISE A CONVERTIBLE PISTOL IS GUILTY OF A CLASS D FELONY
BINGO! Put your Glock into your car and leave the driveway, class D felony.
Or is it:
ANY PERSON, DEALER, FIRM, PARTNERSHIP, OR CORPORATION WHO DISPOSES
OF OR WHO TRANSPORTS OR SHIPS AS MERCHANDISE A CONVERTIBLE PISTOL IS GUILTY OF A CLASS D FELONY
Now, you are not guilty of a Class D felony because it is not merchandise.
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Does not matter, this is a poorly written bill.
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Curiously, this does look like disposing of your “convertible” pistol is a class D felony as well.
But of course some of your reading of the bill assumes that it will be interpreted in good faith, which we all know is an utterly inappropriate assumption where NY is concerned.
Indeed. Call it the Barrett Rule, in honor of Ron Barrett who did exactly that against California
I read about this travesty in the WSJ today. It quoted one politician who asserted that Glocks are uniquely susceptible to this sort of thing. That’s obviously a lie, one left unchallenged in the article.
#1 clearly states the convertible pistol has to have a pistol converter installed for it to be a machinegun.
But, of course, the NFA says that bump stocks are not machineguns and the ATF says otherwise, so who cares what the law actually says
Yes, for now. But it’s only a small legislative edit, in next year’s session, buried in part of another bill, to change
“…ANY CONVERTIBLE PISTOL THAT IS EQUIPPED…”
to
…ANY CONVERTIBLE PISTOL THAT MAY BE EQUIPPED…
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Clearly what we need is a ban on convertible legislation!
The way I read this, it is clarifying that when a switch is installed on a Glock it becomes a machine gun, not that all Glocks are machineguns. seems like a redundant “Look we are doing something” bill to me.
Except they’re doing nothing. If they wanted to do something they’d arrest the ATF agents selling Glock switches.
Let’s not forget the innumerable Glock clones, from PSA Daggers to Shadow Systems, as well as the Polymer80 and other 80% hone-builder variants. (Although those are already illegal in NY, aren’t they? I can’t keep track anymore…)
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And I think this could also be read to include full-auto airsoft.
80% are illegal in NYS. That is retroactive, no grandfathering allowed.
I just spotted a funny entry in the comments section of that WSJ article:
“If the bad guy is using his pistol in full auto mode, it probably increases your chance of survival. If any actual data were collected, it could show that the Glock switch is a safety feature.” (Geoffrey Smith)
Just puts the gang bangers on par for accuracy with the NYPD…