NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4025
SPONSOR: Camara (MS)
 
TITLE OF BILL: An act to amend the general business law, in relation
to a firearm ballistic identification databank
 
PURPOSE:
This bill would increase the types of firearms that are to be included
in the firearm ballistic identification database.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 396-ff of the general business law
to require that assault weapons, rifles and other long-barreled weapons
be included in the state's ballistics identification databank.
Section 2 makes the effective date of the act the sixtieth day after it
becomes law.
 
EXISTING LAW:
Current law only requires that pistols and revolvers be included in the
ballistics fingerprint database.
 
JUSTIFICATION:
Every gun leaves behind a unique pattern or distinctive fingerprint
which is imparted onto any bullet or casing discharged from the weapon.
When a gun crime is perpetrated using a gun purchased in New York state,
these unique ballistics patterns can be used to track down and identify
the owner of the weapon and increase the chances of law enforcement
authorities being led to the shooter when property preserved and stored
in the state's ballistics fingerprint database.
Although New York is one of only two states to require the maintenance
of a statewide ballistics fingerprint database, current law only
mandates that the database include shell casing data for recently manu-
factured pistols and revolvers, not for assault weapons, rifles or other
long-barreled weapons. This omission leaves a major void in the ballis-
tics data base and, consequently, in the ability of law enforcement
ability to track down and apprehend perpetrators who use either assault
weapons, rifles or other long-barreled weapons in the commission of
their crimes.
Had the 2002 Washington, D.C. sniper attacks occurred in New York, local
authorities would have been powerless under current law to identify the
weapon or its owner, in spite of the existence of New York's statewide
ballistics database. The heinous acts of the DC area sniper, plus the
fact that rifles and shotguns are fast becoming criminal weapons of
choice, all underscore the need for New York's current ballistics data
base law to become mote expansive and inclusive in the types of firearms
that it covers.
Because of the unfortunate reality of the accessibility of various dead-
ly firearms and their frequent involvement in the commission of violent
criminal acts, it would be a gross and glaring oversight not to amend
the current law to require the inclusion of as many of these different
types of deadly firearms as possible into the state's ballistics finger-
print database.
Ammunition is often the sole evidence left behind at a crime scene which
links directly to the perpetrator; if law enforcement continues to be
deprived of the available technology and means to harness and use this
evidence, the safety of all our communities will continue to be compro-
mised. There are countless firearms currently being purchased in our
state and nation every day, and law enforcement authorities must be
equipped to track down these weapons in the event they are used in the
commission of a crime. By expanding New York's ballistic fingerprinting
law to include assault weapons, rifles and other long-barreled weapons,
the Legislature will be implementing a much-needed and effective measure
to close a glaring and dangerous loophole. It is incumbent upon the
Legislature and the Governor to give law enforcement the best tools
possible to continue the fight against crime and terrorism.
 
LEGISLATIVE HISTORY:
05/02/07 Referred to Codes
01/09/08 Referred to Codes
01/27/00 referred to Codes
01/06/10 referred to Codes
05/11/10 held for consideration in codes
 
FISCAL IMPLICATIONS:
None.
 
LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
4025
2011-2012 Regular Sessions
IN ASSEMBLY
February 1, 2011
___________
Introduced by M. of A. CAMARA, GOTTFRIED, JAFFEE, MAISEL, ROBINSON,
COLTON, COOK, CASTRO, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
V. LOPEZ, MAYERSOHN, PHEFFER, J. RIVERA, SALADINO, TITONE, TOWNS,
WEISENBERG -- read once and referred to the Committee on Codes
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. Section 396-ff of the general business law, as added by
2 chapter 189 of the laws of 2000, is amended to read as follows:
3 § 396-ff. [Pistol and revolver] Firearm ballistic identification data-
4 bank. (1) For the purposes of this section, the following terms shall
5 have the following 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 [pistols or revolvers] firearms
9 or ammunition therefor for the purpose of sale or distribution.
10 (b) "Shell casing" means that part of ammunition capable of being used
11 in a [pistol or revolver] firearm that contains the primer and propel-
12 lant powder to discharge 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) [On and after March first, two thousand one, any] Any manufacturer
17 that ships, transports or delivers a [pistol or revolver] firearm to any
18 person in this state shall, in accordance with rules and regulations
19 promulgated by the division of state police, include in the container
20 with such [pistol or revolver] firearm a separate sealed container that
21 encloses:
22 (a) a shell casing of a bullet or projectile discharged from such
23 [pistol or revolver] firearm; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01754-01-1
A. 4025 2
1 (b) any additional information that identifies such [pistol or revol-
2 ver] firearm and shell casing as required by such rules and regulations.
3 (3) A gunsmith or dealer in firearms licensed in this state shall,
4 within ten days of the receipt of any [pistol or revolver] firearm from
5 a manufacturer that fails to comply with the provisions of this section,
6 either (a) return such [pistol or revolver] firearm to such manufactur-
7 er, or (b) notify the division of state police of such noncompliance and
8 thereafter obtain a substitute sealed container through participation in
9 a program operated by the state police as provided in subdivision four
10 of this section.
11 (4) The division of state police shall no later than October first,
12 two thousand, promulgate rules and regulations for the operation of a
13 program which provides a gunsmith or a dealer in firearms licensed in
14 this state with a sealed container enclosing the items specified in
15 subdivision two of this section. The program shall at a minimum:
16 (a) be operational by January first, two thousand one;
17 (b) operate in at least five regional locations within the state; and
18 (c) specify procedures by which such gunsmith or dealer is to deliver
19 a [pistol or revolver] firearm to the regional program location closest
20 to his or her place of business for testing and prompt return of such
21 [pistol or revolver] firearm.
22 (5) [On and after March first, two thousand one, a] A gunsmith or
23 dealer in firearms licensed in this state shall, within ten days of
24 delivering to any person a [pistol or revolver] firearm received by such
25 gunsmith or dealer in firearms [on or after such date], forward to the
26 division of state police, along with the original transaction report
27 required by subdivision twelve of section 400.00 of the penal law, the
28 sealed container enclosing the shell casing from such [pistol or revol-
29 ver] firearm either (a) received from the manufacturer, or (b) obtained
30 through participation in the program operated by the division of state
31 police in accordance with subdivision four 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 [pistol or revolver] firearm from which it was
36 discharged. The automated electronic databank will be operated and
37 maintained by the division of state police, in accordance with its rules
38 and regulations adopted after consultation with the Federal Bureau of
39 Investigation and the United States Department of Treasury, Bureau of
40 Alcohol, Tobacco and Firearms to ensure compatibility with national
41 ballistic 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.