Bill Text: NY S05019 | 2019-2020 | General Assembly | Introduced
Bill Title: Increases the types of firearms that are to be included in the firearm ballistic identification databank.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S05019 Detail]
Download: New_York-2019-S05019-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5019 2019-2020 Regular Sessions IN SENATE April 3, 2019 ___________ Introduced by Sens. PARKER, COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to a firearm ballistic identification databank The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 396-ff to read as follows: 3 § 396-ff. Firearm ballistic identification databank. (1) For the 4 purposes of this section, the following terms shall have the following 5 meanings: 6 (a) "Manufacturer" means any person, firm or corporation possessing a 7 valid federal license that permits such person, firm or corporation to 8 engage in the business of manufacturing firearms or ammunition therefor 9 for the purpose of sale or distribution. 10 (b) "Shell casing" means that part of ammunition capable of being used 11 in a firearm that contains the primer and propellant powder to discharge 12 the bullet or projectile. 13 (c) "Firearm" means a pistol, revolver, or assault weapon as defined 14 in section 265.00 of the penal law, rifle, or other long-barreled weap- 15 on. 16 (2) Any manufacturer that ships, transports or delivers a firearm to 17 any person in this state shall, in accordance with rules and regulations 18 promulgated by the division of state police, include in the container 19 with such firearm a separate sealed container that encloses: 20 (a) a shell casing of a bullet or projectile discharged from such 21 firearm; and 22 (b) any additional information that identifies such firearm and shell 23 casing as required by such rules and regulations. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09923-01-9S. 5019 2 1 (3) A gunsmith or dealer in firearms licensed in this state shall, 2 within ten days of the receipt of any firearm from a manufacturer that 3 fails to comply with the provisions of this section, either (a) return 4 such firearm to such manufacturer, or (b) notify the division of state 5 police of such noncompliance and thereafter obtain a substitute sealed 6 container through participation in a program operated by the state 7 police as provided in subdivision four of this section. 8 (4) The division of state police shall no later than October first, 9 two thousand twenty, promulgate rules and regulations for the operation 10 of a program which provides a gunsmith or a dealer in firearms licensed 11 in this state with a sealed container enclosing the items specified in 12 subdivision two of this section. The program shall at a minimum: 13 (a) be operational by January first, two thousand twenty-one; 14 (b) operate in at least five regional locations within the state; and 15 (c) specify procedures by which such gunsmith or dealer is to deliver 16 a firearm to the regional program location closest to his or her place 17 of business for testing and prompt return of such firearm. 18 (5) A gunsmith or dealer in firearms licensed in this state shall, 19 within ten days of delivering to any person a firearm received by such 20 gunsmith or dealer in firearms, forward to the division of state police, 21 along with the original transaction report required by subdivision 22 twelve of section 400.00 of the penal law, the sealed container enclos- 23 ing the shell casing from such firearm either (a) received from the 24 manufacturer, or (b) obtained through participation in the program oper- 25 ated by the division of state police in accordance with subdivision four 26 of this section. 27 (6) Upon receipt of the sealed container, the division of state police 28 shall cause to be entered in an automated electronic databank pertinent 29 data and other ballistic information relevant to identification of the 30 shell casing and to the firearm from which it was discharged. The auto- 31 mated electronic databank will be operated and maintained by the divi- 32 sion of state police, in accordance with its rules and regulations 33 adopted after consultation with the Federal Bureau of Investigation and 34 the United States Department of Justice, Bureau of Alcohol, Tobacco, 35 Firearms and Explosives to ensure compatibility with national ballistic 36 technology. 37 (7) Any person, firm or corporation who knowingly violates any of the 38 provisions of this section shall be guilty of a violation, punishable as 39 provided in the penal law. Any person, firm or corporation who knowingly 40 violates any of the provisions of this section after having been previ- 41 ously convicted of a violation of this section shall be guilty of a 42 class A misdemeanor, punishable as provided in the penal law. 43 § 2. This act shall take effect on the sixtieth day after it shall 44 have become a law.
