S01572 Summary:

SAME ASNo same as
Add S396-ff, Gen Bus L
Increases the types of firearms that are to be included in the firearm ballistic identification database.
Go to top    

S01572 Actions:

01/29/2014PRINT NUMBER 1572A
Go to top

S01572 Memo:

Memo not available
Go to top

S01572 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                     January 9, 2013
        Introduced  by  Sens.  PARKER, AVELLA -- read twice and ordered printed,
          and when  printed  to  be  committed  to  the  Committee  on  Consumer
          Protection  --  recommitted to the Committee on Consumer Protection in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill

          amended,  ordered reprinted as amended and recommitted to said commit-
        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:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.

        S. 1572--A                          2
     1    (a)  a  shell  casing  of  a bullet or projectile discharged from such
     2  firearm; and
     3    (b)  any additional information that identifies such firearm and shell
     4  casing as required by such rules and regulations.
     5    (3) A gunsmith or dealer in firearms licensed  in  this  state  shall,
     6  within  ten  days of the receipt of any firearm from a manufacturer that
     7  fails to comply with the provisions of this section, either  (a)  return
     8  such  firearm  to such manufacturer, or (b) notify the division of state

     9  police of such noncompliance and thereafter obtain a  substitute  sealed
    10  container  through  participation  in  a  program  operated by the state
    11  police as provided in subdivision four of this section.
    12    (4) The division of state police shall no later  than  October  first,
    13  two  thousand  fourteen, promulgate rules and regulations for the opera-
    14  tion of a program which provides a gunsmith  or  a  dealer  in  firearms
    15  licensed in this state with a sealed container enclosing the items spec-
    16  ified  in  subdivision two of this section. The program shall at a mini-
    17  mum:
    18    (a) be operational by January first, two thousand fifteen;
    19    (b) operate in at least five regional locations within the state; and

    20    (c) specify procedures by which such gunsmith or dealer is to  deliver
    21  a  firearm  to the regional program location closest to his or her place
    22  of business for testing and prompt return of such firearm.
    23    (5) A gunsmith or dealer in firearms licensed  in  this  state  shall,
    24  within  ten  days of delivering to any person a firearm received by such
    25  gunsmith or dealer in firearms, forward to the division of state police,
    26  along with the  original  transaction  report  required  by  subdivision
    27  twelve  of section 400.00 of the penal law, the sealed container enclos-
    28  ing the shell casing from such firearm  either  (a)  received  from  the
    29  manufacturer, or (b) obtained through participation in the program oper-

    30  ated by the division of state police in accordance with subdivision four
    31  of this section.
    32    (6) Upon receipt of the sealed container, the division of state police
    33  shall  cause to be entered in an automated electronic databank pertinent
    34  data and other ballistic information relevant to identification  of  the
    35  shell casing and to the firearm from which it was discharged.  The auto-
    36  mated  electronic  databank will be operated and maintained by the divi-
    37  sion of state police, in  accordance  with  its  rules  and  regulations
    38  adopted  after consultation with the Federal Bureau of Investigation and
    39  the United States Department of Justice,  Bureau  of  Alcohol,  Tobacco,
    40  Firearms  and Explosives to ensure compatibility with national ballistic

    41  technology.
    42    (7) Any person, firm or corporation who knowingly violates any of  the
    43  provisions of this section shall be guilty of a violation, punishable as
    44  provided in the penal law. Any person, firm or corporation who knowingly
    45  violates  any of the provisions of this section after having been previ-
    46  ously convicted of a violation of this section  shall  be  guilty  of  a
    47  class A misdemeanor, punishable as provided in the penal law.
    48    §  2.  This  act  shall take effect on the sixtieth day after it shall
    49  have become a law.
Go to top