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S02449 Summary:

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S02449 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2449                                                  A. 2685
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 24, 2019
                                       ___________
 
        IN  SENATE  --  Introduced  by  Sens.  MAYER,  STEWART-COUSINS, ADDABBO,
          BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
          GIANARIS, GOUNARDES, HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN,
          KAVANAGH,  KRUEGER,  LIU,  MONTGOMERY,  MYRIE, PARKER, PERSAUD, RAMOS,
          SALAZAR, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Codes
 
        IN  ASSEMBLY  --  Introduced  by M. of A. L. ROSENTHAL, HEASTIE, LENTOL,
          PEOPLES-STOKES, GOTTFRIED, ABINANTI, JAFFEE,  WEPRIN,  CRUZ,  FRONTUS,
          GRIFFIN,  JACOBSON, PICHARDO, REYES, SAYEGH, STECK, STERN -- read once
          and referred to the Committee on Codes
 
        AN ACT to amend the executive  law,  in  relation  to  establishing  the
          municipal  gun buyback program; and to amend the state finance law, in
          relation to the municipal gun buyback program fund
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The executive law is amended by adding a new section 233 to
     2  read as follows:
     3    §  233.  Municipal gun buyback program. 1. There is hereby established
     4  within the division of the state police a municipal gun buyback program.
     5  Agencies approved by  the  superintendent  may  participate  subject  to
     6  available  appropriations  and  funds  in the municipal gun buyback fund
     7  established pursuant to section ninety-seven-cc  of  the  state  finance
     8  law.
     9    2.  The  division  of  state police shall administer the municipal gun
    10  buyback program and promulgate rules and regulations the  superintendent
    11  deems necessary for the implementation of such program. Such rules shall
    12  include, but not be limited to:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        SA                                                         LBD08822-02-9
        S. 2449                             2                            A. 2685
 
     1    (a)  the  manner  in  which an agency may apply for funds to support a
     2  municipal gun buyback program and the manner in which such funds will be
     3  allocated and distributed;
     4    (b)  guidelines for the safe storage and disposal of firearms, rifles,
     5  shotguns, and  ammunition  received  as  part  of  the  program  in  the
     6  possession  of  the participating agency, return of any recovered stolen
     7  property to  its  rightful  owner  as  appropriate,  and  retention  for
     8  evidence  of  any firearm, rifle, or shotgun suspected to have been used
     9  in a crime;
    10    (c) guidelines for an agency participating in the program  to  coordi-
    11  nate with community groups within its jurisdiction; and
    12    (d)  guidelines for allowing individuals to surrender firearms, rifles
    13  and shotguns and eligibility for monetary rewards.
    14    3. The provisions of subparagraph (f) of paragraph one of  subdivision
    15  a of section 265.20 of the penal law shall apply to any person voluntar-
    16  ily surrendering a firearm, rifle or shotgun pursuant to this section.
    17    4.  Any  agency  shall  be authorized to develop and implement its own
    18  municipal gun buyback program provided it is otherwise permitted by  law
    19  and conforms to the rules and regulations promulgated by the superinten-
    20  dent and outlined in subdivision two of this section.
    21    5.  For  purposes  of  this section "agency" means the police force or
    22  department of any county, city, town, or village or a county sheriff.
    23    § 2. The state finance law is amended by adding a new section 97-cc to
    24  read as follows:
    25    § 97-cc. Municipal gun buyback program fund. 1. There is hereby estab-
    26  lished, in the joint custody of the comptroller and the commissioner  of
    27  taxation  and  finance  a  fund to be known as the municipal gun buyback
    28  program fund.
    29    2. Such fund shall consist of all moneys appropriated for the  purpose
    30  of  such fund, all other moneys required to be paid into, transferred or
    31  credited to such fund, and all moneys received by the fund or donated to
    32  it.
    33    3. Moneys of the municipal gun buyback program fund  shall  be  solely
    34  available,  following appropriation by the legislature and in accordance
    35  with law to assist agencies, as defined in section two  hundred  thirty-
    36  three of the executive law, to operate buyback programs according to the
    37  rules and regulations of the superintendent of the state police.
    38    § 3. This act shall take effect on the one hundred eightieth day after
    39  it  shall have become a law. Effective immediately, the addition, amend-
    40  ment and/or repeal of any rule or regulation necessary for the implemen-
    41  tation of this act on its effective date are authorized to be  made  and
    42  completed on or before such effective date.

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