Bill Text: NY A04618 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the executive law and the general business law, in relation to gun trafficking and the firearm, rifle and shotgun ballistic identification databank
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Introduced - Dead) 2010-01-06 - referred to codes [A04618 Detail]
Download: New_York-2009-A04618-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4618
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
___________
Introduced by M. of A. ROSENTHAL, CAMARA, PHEFFER, JAFFEE, DINOWITZ,
SCHIMEL, GOTTFRIED, BING, ROBINSON, KELLNER -- Multi-Sponsored by --
M. of A. ALFANO, BOYLAND, COLTON, DIAZ, GLICK, KOON, MAISEL, PEOPLES,
PERRY, WEISENBERG, WRIGHT -- read once and referred to the Committee
on Codes
AN ACT to amend the executive law and the general business law, in
relation to gun trafficking and the firearm, rifle and shotgun ballis-
tic identification databank
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 2, 4 and 5 of section 230 of the executive
2 law, as added by chapter 189 of the laws of 2000, are amended and a new
3 subdivision 6 is added to read as follows:
4 2. The superintendent of the division of state police, in cooperation
5 with the United States department of [treasury] JUSTICE, bureau of alco-
6 hol, tobacco and firearms and district attorneys in New York state,
7 shall develop and implement a strategy for the interdiction of guns
8 illegally entering New York from supplier states. The strategy shall
9 include identifying and prosecuting gun traffickers and suppliers of
10 such guns who may be violating federal, state or local laws, and cooper-
11 ating with the United States department of [treasury] JUSTICE, bureau of
12 alcohol, tobacco and firearms and appropriate prosecutorial agencies and
13 law enforcement agencies in supplier states in the investigation and
14 enforcement of such laws. District attorneys are authorized to enter
15 into collaborative agreements with prosecutorial and other governmental
16 agencies and entities in supplier states in an effort to stop the move-
17 ment of illegal guns into New York.
18 4. (A) The superintendent of the division of state police shall estab-
19 lish and maintain within the division a criminal gun clearinghouse as a
20 central repository of information regarding all guns seized, forfeited,
21 found or otherwise coming into the possession of any state or local law
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01620-02-9
A. 4618 2
1 enforcement agency which are believed to have been used in the commis-
2 sion of a crime. The superintendent of the division of state police
3 shall adopt and promulgate regulations prescribing reporting procedures
4 for such state or local law enforcement agencies, including the form for
5 reporting such information. In addition to any other information which
6 the superintendent of the division of state police may require, the form
7 shall require [(a)] (I) the serial number [or], BALLISTIC INFORMATION
8 AND other identifying information on the gun, EXPENDED PROJECTILE OR
9 EXPENDED SHELL CASING, if available and [(b)] (II) a brief description
10 of the circumstances under which the gun, EXPENDED PROJECTILE OR
11 EXPENDED SHELL CASING came into the possession of the law enforcement
12 agency, including the crime which was or may have been committed with
13 the gun.
14 (B) ANY GUN, EXPENDED PROJECTILE OR EXPENDED SHELL CASING SEIZED,
15 FOUND, OR OTHERWISE COMING INTO POSSESSION OF ANY STATE OR LOCAL LAW
16 ENFORCEMENT AGENCY SHALL BE SUBMITTED TO THE DIVISION OF STATE POLICE,
17 WHICH SHALL CAUSE TO BE ENTERED IN THE CRIMINAL GUN CLEARINGHOUSE ESTAB-
18 LISHED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION (I) THE SERIAL
19 NUMBER, BALLISTIC INFORMATION AND IDENTIFYING INFORMATION ON THE GUN,
20 EXPENDED PROJECTILE, OR EXPENDED SHELL CASING, IF AVAILABLE AND (II) A
21 BRIEF DESCRIPTION OF THE CIRCUMSTANCES UNDER WHICH THE GUN, EXPENDED
22 PROJECTILE OR EXPENDED SHELL CASING CAME INTO THE POSSESSION OF THE LAW
23 ENFORCEMENT AGENCY.
24 (C) MATERIALS REQUIRED TO BE SUBMITTED PURSUANT TO THIS SUBDIVISION
25 SHALL BE SUBMITTED WITHIN THIRTY DAYS OF COMING INTO THE POSSESSION OF A
26 STATE OR LOCAL LAW ENFORCEMENT AGENCY. SUCH MATERIALS SHALL BE TESTED OR
27 EXAMINED AS REQUIRED BY THIS SUBDIVISION WITHIN THIRTY DAYS OF THEIR
28 RECEIPT BY THE LABORATORY.
29 5. In any case where a state or local law enforcement agency investi-
30 gates the commission of a crime in this state and a specific gun is
31 known to have been used in such crime, such agency shall submit a
32 request FOR A TRACE OF SUCH GUN to:
33 (A) the national tracing center of the United States [Department]
34 DEPARTMENT of [Treasury] JUSTICE, bureau of alcohol, tobacco and
35 firearms to trace the movement of such gun [and such federal agency
36 shall be requested to provide the superintendent of the division of
37 state police and the local law enforcement agency with the results of
38 such a trace], AND
39 (B) THE FIREARM, RIFLE AND SHOTGUN BALLISTIC IDENTIFICATION DATABANK
40 ESTABLISHED PURSUANT TO SECTION THREE HUNDRED NINETY-SIX-FF OF THE
41 GENERAL BUSINESS LAW.
42 This subdivision shall not apply where the source of a gun is already
43 known to a local law enforcement agency.
44 6. ON DECEMBER FIRST, TWO THOUSAND TEN THE COMMISSIONER OF THE DIVI-
45 SION OF CRIMINAL JUSTICE SERVICES SHALL OBTAIN A COPY OF THE LIST OF
46 MOST FREQUENTLY TRACED CRIME GUNS IN NEW YORK, WHICH WAS PREPARED BY THE
47 UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO AND
48 FIREARMS AS PART OF ITS YOUTH CRIME GUN INTERDICTION REPORT, AND FORWARD
49 SUCH LIST TO ALL GUNSMITHS AND FIREARM DEALERS LICENSED IN NEW YORK, AS
50 WELL AS ALL GUN MANUFACTURERS SHIPPING GUNS INTO NEW YORK. THE COMMIS-
51 SIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL FORWARD ANY
52 UPDATED LIST TO ALL GUNSMITHS AND FIREARM DEALERS LICENSED IN NEW YORK
53 WITHIN SIXTY DAYS OF THE ISSUANCE OF SUCH LIST.
54 S 2. Section 396-ff of the general business law, as added by chapter
55 189 of the laws of 2000, is amended to read as follows:
A. 4618 3
1 S 396-ff. [Pistol] FIREARM, RIFLE and [revolver] SHOTGUN ballistic
2 identification databank. (1) For the purposes of this section, the
3 following terms shall have the following meanings:
4 (a) "Manufacturer" means any person, firm or corporation possessing a
5 valid federal license that permits such person, firm or corporation to
6 engage in the business of manufacturing [pistols or revolvers] FIREARMS,
7 RIFLES OR SHOTGUNS or ammunition therefor for the purpose of sale or
8 distribution.
9 (b) "FIREARM" MEANS A PISTOL, REVOLVER OR OTHER WEAPON AS DEFINED IN
10 SUBDIVISION THREE OF SECTION 265.00 OF THE PENAL LAW.
11 (C) "RIFLE" MEANS A WEAPON AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
12 265.00 OF THE PENAL LAW.
13 (D) "SHOTGUN" MEANS A WEAPON AS DEFINED IN SUBDIVISION TWELVE OF
14 SECTION 265.00 OF THE PENAL LAW.
15 (E) "Shell casing" means that part of ammunition capable of being used
16 in a pistol or revolver that contains the primer and propellant powder
17 to discharge the bullet or projectile.
18 (F) "PROJECTILE" MEANS THAT PART OF AMMUNITION THAT IS EXPELLED
19 THROUGH THE BARREL OF A FIREARM, RIFLE OR SHOTGUN BY MEANS OF AN EXPLO-
20 SION.
21 (G) "FREQUENTLY TRACED CRIME GUN" MEANS ANY FIREARM, RIFLE OR SHOTGUN
22 WHICH IS THE SAME MAKE AND MODEL AS THOSE IDENTIFIED BY THE BUREAU OF
23 ALCOHOL, TOBACCO AND FIREARMS YOUTH CRIME GUN INTERDICTION INITIATIVE AS
24 ONE OF THE TEN MOST FREQUENTLY TRACED CRIME GUNS IN CITIES IN NEW YORK
25 STATE BEGINNING IN TWO THOUSAND.
26 (H) "BALLISTIC IDENTIFIER" MEANS A DIGITIZED OR ELECTRONIC IMAGE OF A
27 PROJECTILE OR SHELL CASING DISCHARGED BY A FIREARM, RIFLE OR SHOTGUN,
28 CLEARLY SHOWING THE DISTINCTIVE FIRING PIN, BREECH, EJECTION, EXTRACTION
29 AND/OR BARREL MARKS FOR THAT PARTICULAR FIREARM OR RIFLE SHOWING THE
30 DISTINCTIVE FIRING PIN AND BREECH MARKS FOR SHOTGUNS WHICH MAY BE USED,
31 THROUGH COMPARATIVE COMPUTER ANALYSIS, FOR INVESTIGATIVE, PROSECUTORIAL
32 AND ADJUDICATIVE PURPOSES.
33 (2) On and after March first, two thousand one, any manufacturer that
34 ships, transports or delivers a pistol or revolver to any person in this
35 state shall, in accordance with rules and regulations promulgated by the
36 division of state police, include in the container with such pistol or
37 revolver a separate sealed container that encloses:
38 (a) a shell casing of a bullet or projectile discharged from such
39 pistol or revolver; and
40 (b) any additional information that identifies such pistol or revolver
41 and shell casing as required by such rules and regulations.
42 (3) (A) A gunsmith or dealer in firearms licensed in this state shall,
43 within ten days of the receipt of any pistol or revolver from a manufac-
44 turer that fails to comply with the provisions of this section, either
45 [(a)] (I) return such pistol or revolver to such manufacturer, or [(b)]
46 (II) notify the division of state police of such noncompliance and ther-
47 eafter obtain a substitute sealed container through participation in a
48 program operated by the state police as provided in subdivision four of
49 this section.
50 (B) THE STATE POLICE SHALL MAINTAIN RECORDS REGARDING THE NUMBER OF
51 BALLISTIC IMAGES SCANNED FOR THE MOST RECENT PERIOD, THE TOTAL NUMBER OF
52 BALLISTIC IMAGES COLLECTED TO DATE, THE TYPE OF WEAPONS INCLUDED, THE
53 NUMBER OF LAW ENFORCEMENT INQUIRIES BY COUNTY, THE NUMBER AND GENERAL
54 DESCRIPTION OF INVESTIGATIVE LEADS GENERATED, THE NUMBER OF ARRESTS AND
55 NUMBER OF CONVICTIONS RESULTING, IN WHOLE OR IN PART, FROM SUCH LEADS,
A. 4618 4
1 THE COMPLIANCE RATE FOR EACH MANUFACTURER, GUN DEALER AND GUNSMITH AND
2 THE NUMBER AND DESCRIPTION OF PROSECUTIONS FOR NONCOMPLIANCE.
3 (4) The division of state police shall no later than October first,
4 two thousand, promulgate rules and regulations for the operation of a
5 program which provides a gunsmith or a dealer in firearms licensed in
6 this state with a sealed container enclosing the items specified in
7 subdivision two of this section. The program shall at a minimum:
8 (a) be operational by January first, two thousand one;
9 (b) operate in at least five regional locations within the state; and
10 (c) specify procedures by which such gunsmith or dealer is to deliver
11 a pistol or revolver to the regional program location closest to his or
12 her place of business for testing and prompt return of such pistol or
13 revolver.
14 (5) On and after March first, two thousand one, a gunsmith or dealer
15 in firearms licensed in this state shall, within ten days of delivering
16 to any person a pistol or revolver received by such gunsmith or dealer
17 in firearms on or after such date, forward to the division of state
18 police, along with the original transaction report required by subdivi-
19 sion twelve of section 400.00 of the penal law, the sealed container
20 enclosing the shell casing from such pistol or revolver either (a)
21 received from the manufacturer, or (b) obtained through participation in
22 the program operated by the division of state police in accordance with
23 subdivision four of this section.
24 (6) Upon receipt of the sealed container, the division of state police
25 shall cause to be entered in an automated electronic databank pertinent
26 data and other ballistic information relevant to identification of the
27 shell casing AND/OR PROJECTILE and to the [pistol or revolver] WEAPON
28 from which it was discharged. The automated electronic databank will be
29 operated and maintained by the division of state police, in accordance
30 with its rules and regulations adopted after consultation with the
31 Federal Bureau of Investigation and the United States Department of
32 [Treasury] JUSTICE, Bureau of Alcohol, Tobacco and Firearms to ensure
33 compatibility with national ballistic technology. THE DATABANK SHALL BE
34 MODIFIED AS NECESSARY TO ASSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
35 SECTION.
36 (7) THE SUPERINTENDENT OF THE STATE POLICE SHALL ISSUE A STATUS REPORT
37 ON THE FIREARM, RIFLE AND SHOTGUN BALLISTIC DATABANK TO THE GOVERNOR,
38 THE MAJORITY LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ANNU-
39 ALLY. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF
40 BALLISTIC IMAGES SCANNED FOR THE MOST RECENT PERIOD, THE TOTAL NUMBER OF
41 BALLISTIC IMAGES COLLECTED TO DATE, THE TYPES OF WEAPONS INCLUDED, THE
42 NUMBER OF LAW ENFORCEMENT INQUIRIES BY COUNTY, THE NUMBER AND GENERAL
43 DESCRIPTION OF INVESTIGATIVE LEADS GENERATED, THE NUMBER OF ARRESTS AND
44 NUMBER OF CONVICTIONS RESULTING IN WHOLE OR IN PART FROM SUCH LEADS, THE
45 COMPLIANCE RATE FOR EACH MANUFACTURER, GUN DEALER AND GUNSMITH AND THE
46 NUMBER AND DESCRIPTION OF PROSECUTIONS FOR NONCOMPLIANCE.
47 (8) Any person, firm or corporation who knowingly violates any of the
48 provisions of this section shall be guilty of a violation, punishable as
49 provided in the penal law AND, NOTWITHSTANDING SUBDIVISION FOUR OF
50 SECTION 80.05 OF THE PENAL LAW, SHALL BE SUBJECT TO A FINE OF UP TO ONE
51 THOUSAND DOLLARS. Any person, firm or corporation who knowingly
52 violates any of the provisions of this section after having been previ-
53 ously convicted of a violation of this section shall be guilty of a
54 class A misdemeanor, punishable as provided in the penal law, AND SHALL
55 BE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS.
A. 4618 5
1 S 3. Subdivisions 2, 3 and 5 of section 396-ff of the general business
2 law, as amended by section two of this act, are amended to read as
3 follows:
4 (2) On and after March first, two thousand [one] TEN, any manufacturer
5 that ships, transports or delivers a [pistol or revolver] FIREARM to any
6 person in this state shall, in accordance with rules and regulations
7 promulgated by the division of state police, include in the container
8 with such [pistol or revolver] WEAPON a separate sealed container that
9 encloses:
10 (a) A DOCUMENT IDENTIFYING THE MAKE, MODEL AND SERIAL NUMBER OF THE
11 WEAPON;
12 (B) a shell casing of a bullet or projectile discharged from such
13 [pistol or revolver] FIREARM OR, IN THE CASE OF A FIREARM THAT DOES NOT
14 EJECT A SHELL CASING UPON FIRING, A SHELL CASING AND PROJECTILE
15 DISCHARGED FROM SUCH WEAPON; and
16 [(b) any additional information that identifies such pistol or revol-
17 ver and shell casing as required by such rules and regulations] (C)
18 BALLISTIC IDENTIFIERS FOR THE WEAPON WHICH WERE OBTAINED FROM THE SHELL
19 CASING AND/OR PROJECTILE, AS THE CASE MAY BE, SUBMITTED AS REQUIRED BY
20 THIS SUBDIVISION.
21 (3) (a) [A] ON OR AFTER MARCH FIRST, TWO THOUSAND TEN, A gunsmith or
22 dealer in firearms licensed in this state shall, within ten days of the
23 receipt of any [pistol or revolver] FIREARM from a manufacturer that
24 fails to comply with the provisions of this section, either (i) return
25 such [pistol or revolver] FIREARM to such manufacturer, or (ii) notify
26 the division of state police of such noncompliance and thereafter obtain
27 a substitute sealed container through participation in a program oper-
28 ated by the state police as provided in subdivision four of this
29 section.
30 (b) The state police shall maintain records regarding the number of
31 ballistic images scanned for the most recent period, the total number of
32 ballistic images collected to date, the type of weapons included, the
33 number of law enforcement inquiries by county, the number and general
34 description of investigative leads generated, the number of arrests and
35 number of convictions resulting, in whole or in part, from such leads,
36 the compliance rate for each manufacturer, gun dealer and gunsmith and
37 the number and description of prosecutions for noncompliance.
38 (5) On and after March first, two thousand [one] TEN, a gunsmith or
39 dealer in firearms licensed in this state shall, within ten days of
40 delivering to any person a [pistol or revolver] FIREARM received by such
41 gunsmith or dealer in firearms on or after such date, forward to the
42 division of state police, along with the original transaction report
43 required by subdivision twelve of section 400.00 of the penal law, THE
44 BALLISTIC IDENTIFIER FOR THE FIREARM AND the sealed container enclosing
45 the shell casing AND/OR PROJECTILE, AS THE CASE MAY BE, from such
46 [pistol or revolver] FIREARM either (a) received from the manufacturer,
47 or (b) obtained through participation in the program operated by the
48 division of state police in accordance with subdivision four of this
49 section.
50 S 4. Subdivision 4 of section 396-ff of the general business law, as
51 amended by section two of this act, is amended to read as follows:
52 (4) The division of state police shall no later than October first,
53 two thousand NINE, promulgate rules and regulations for the operation of
54 a program which provides a gunsmith or a dealer in firearms licensed in
55 this state with a sealed container enclosing the items specified in
56 subdivision two of this section. The program shall at a minimum:
A. 4618 6
1 (a) be operational by January first, two thousand [one] TEN;
2 (b) operate in at least five regional locations within the state; and
3 (c) specify procedures by which such gunsmith or dealer is to deliver
4 a [pistol or revolver] FIREARM to the regional program location closest
5 to his or her place of business for testing and prompt return of such
6 [pistol or revolver] FIREARM.
7 S 5. Subdivisions 2, 3 and 5 of section 396-ff of the general business
8 law, as amended by section three of this act, are amended to read as
9 follows:
10 (2) On and after March first, two thousand [ten] ELEVEN, any manufac-
11 turer that ships, transports or delivers a firearm OR FREQUENTLY TRACED
12 CRIME GUN to any person in this state shall, in accordance with rules
13 and regulations promulgated by the division of state police, include in
14 the container with such weapon a separate sealed container that
15 encloses:
16 (a) a document identifying the make, model and serial number of the
17 weapon;
18 (b) a shell casing of a bullet or projectile discharged from such
19 firearm OR FREQUENTLY TRACED CRIME GUN or, in the case of a firearm OR
20 FREQUENTLY TRACED CRIME GUN that does not eject a shell casing upon
21 firing, a shell casing and projectile discharged from such weapon; and
22 (c) ballistic identifiers for the weapon which were obtained from the
23 shell casing and/or projectile, as the case may be, submitted as
24 required by this subdivision.
25 (3) (a) On or after March first, two thousand [ten] ELEVEN, a gunsmith
26 or dealer in firearms licensed in this state shall, within ten days of
27 the receipt of any firearm OR FREQUENTLY TRACED CRIME GUN from a
28 manufacturer that fails to comply with the provisions of this section,
29 either (i) return such firearm OR FREQUENTLY TRACED CRIME GUN to such
30 manufacturer, or (ii) notify the division of state police of such
31 noncompliance and thereafter obtain a substitute sealed container
32 through participation in a program operated by the state police as
33 provided in subdivision four of this section.
34 (b) The state police shall maintain records regarding the number of
35 ballistic images scanned for the most recent period, the total number of
36 ballistic images collected to date, the type of weapons included, the
37 number of law enforcement inquiries by county, the number and general
38 description of investigative leads generated, the number of arrests and
39 number of convictions resulting, in whole or in part, from such leads,
40 the compliance rate for each manufacturer, gun dealer and gunsmith and
41 the number and description of prosecutions for noncompliance.
42 (5) On and after March first, two thousand [ten] ELEVEN, a gunsmith or
43 dealer in firearms OR FREQUENTLY TRACED CRIME GUNS licensed in this
44 state shall, within ten days of delivering to any person a firearm OR
45 FREQUENTLY TRACED CRIME GUN received by such gunsmith or dealer in
46 firearms OR FREQUENTLY TRACED CRIME GUNS on or after such date, forward
47 to the division of state police, along with the original transaction
48 report required FOR FIREARMS by subdivision twelve of section 400.00 of
49 the penal law, [the ballistic identifier for the firearm] OR, IN ALL
50 OTHER CASES, A DOCUMENT IDENTIFYING THE MAKE, MODEL AND SERIAL NUMBER OF
51 THE FREQUENTLY TRACED CRIME GUN, THE BALLISTIC IDENTIFIER FOR THE WEAPON
52 and the sealed container enclosing the shell casing and/or projectile,
53 as the case may be, from such firearm OR FREQUENTLY TRACED CRIME GUN
54 either (a) received from the manufacturer, or (b) obtained through
55 participation in the program operated by the division of state police in
56 accordance with subdivision four of this section.
A. 4618 7
1 S 6. Subdivision 4 of section 396-ff of the general business law, as
2 amended by section four of this act, is amended to read as follows:
3 (4) The division of state police shall no later than October first,
4 two thousand [nine] TEN, promulgate rules and regulations for the opera-
5 tion of a program which provides a gunsmith or a dealer in firearms OR
6 FREQUENTLY TRACED CRIME GUNS licensed in this state with a sealed
7 container enclosing the items specified in subdivision two of this
8 section. The program shall at a minimum:
9 (a) be operational by January first, two thousand [ten] ELEVEN;
10 (b) operate in at least five regional locations within the state; and
11 (c) specify procedures by which such gunsmith or dealer is to deliver
12 a firearm OR FREQUENTLY TRACED CRIME GUN to the regional program
13 location closest to his or her place of business for testing and prompt
14 return of such firearm OR FREQUENTLY TRACED CRIME GUN.
15 S 7. Subdivisions 2, 3 and 5 of section 396-ff of the general business
16 law, as amended by section five of this act, are amended to read as
17 follows:
18 (2) On and after March first, two thousand [eleven] TWELVE, any
19 manufacturer that ships, transports or delivers a firearm [or frequently
20 traced crime gun], RIFLE OR SHOTGUN to any person in this state shall,
21 in accordance with rules and regulations promulgated by the division of
22 state police, include in the container with such weapon a separate
23 sealed container that encloses:
24 (a) a document identifying the make, model and serial number of the
25 weapon;
26 (b) a shell casing of a bullet or projectile discharged from such
27 firearm [or frequently traced crime gun], RIFLE OR SHOTGUN or, in the
28 case of a firearm [or frequently traced crime gun], RIFLE OR SHOTGUN
29 that does not eject a shell casing upon firing, a shell casing and
30 projectile discharged from such weapon; and
31 (c) ballistic identifiers for the weapon which were obtained from the
32 shell casing and/or projectile, as the case may be, submitted as
33 required by this subdivision.
34 (3) (a) On or after March first, two thousand [eleven] TWELVE, a
35 gunsmith or dealer in firearms, RIFLES AND SHOTGUNS licensed in this
36 state shall, within ten days of the receipt of any firearm [or frequent-
37 ly traced crime gun], RIFLE OR SHOTGUN from a manufacturer that fails to
38 comply with the provisions of this section, either (i) return such
39 firearm [or frequently traced crime gun], RIFLE OR SHOTGUN to such
40 manufacturer, or (ii) notify the division of state police of such
41 noncompliance and thereafter obtain a substitute sealed container
42 through participation in a program operated by the state police as
43 provided in subdivision four of this section.
44 (b) The state police shall maintain records regarding the number of
45 ballistic images scanned for the most recent period, the total number of
46 ballistic images collected to date, the type of weapons included, the
47 number of law enforcement inquiries by county, the number and general
48 description of investigative leads generated, the number of arrests and
49 number of convictions resulting, in whole or in part, from such leads,
50 the compliance rate for each manufacturer, gun dealer and gunsmith and
51 the number and description of prosecutions for noncompliance.
52 (5) On and after March first, two thousand [eleven] TWELVE, a gunsmith
53 or dealer in firearms [or frequently traced crime guns], RIFLES OR SHOT-
54 GUNS licensed in this state shall, within ten days of delivering to any
55 person a firearm [or frequently traced crime gun], RIFLE OR SHOTGUN
56 received by such gunsmith or dealer in firearms [or frequently traced
A. 4618 8
1 crime guns], RIFLES OR SHOTGUNS on or after such date, forward to the
2 division of state police, along with the original transaction report
3 required for firearms by subdivision twelve of section 400.00 of the
4 penal law, or, in all other cases, a document identifying the make,
5 model and serial number of the [frequently traced crime gun] RIFLE OR
6 SHOTGUN, the ballistic identifier for the weapon and the sealed contain-
7 er enclosing the shell casing and/or projectile, as the case may be,
8 from such firearm [or frequently traced crime gun], RIFLE OR SHOTGUN
9 either (a) received from the manufacturer, or (b) obtained through
10 participation in the program operated by the division of state police in
11 accordance with subdivision four of this section.
12 S 8. Subdivision 4 of section 396-ff of the general business law, as
13 amended by section six of this act, is amended to read as follows:
14 (4) The division of state police shall no later than October first,
15 two thousand [ten] ELEVEN, promulgate rules and regulations for the
16 operation of a program which provides a gunsmith or a dealer in firearms
17 [or frequently traced crime guns], RIFLES OR SHOTGUNS licensed in this
18 state with a sealed container enclosing the items specified in subdivi-
19 sion two of this section. The program shall at a minimum:
20 (a) be operational by January first, two thousand [eleven] TWELVE;
21 (b) operate in at least five regional locations within the state; and
22 (c) specify procedures by which such gunsmith or dealer is to deliver
23 a firearm [or frequently traced crime gun], RIFLE OR SHOTGUN to the
24 regional program location closest to his or her place of business for
25 testing and prompt return of such firearm [or frequently traced crime
26 gun], RIFLE OR SHOTGUN.
27 S 9. This act shall take effect on the thirtieth day after it shall
28 have become a law; provided, however, that:
29 1. Section three of this act shall take effect March 1, 2010;
30 2. Section four of this act shall take effect October 1, 2009;
31 3. Section five of this act shall take effect March 1, 2011;
32 4. Section six of this act shall take effect October 1, 2010;
33 5. Section seven of this act shall take effect March 1, 2012; and
34 6. Section eight of this act shall take effect October 1, 2011.
