|SAME AS||SAME AS S01467|
|COSPNSR||Gottfried, Jaffee, Maisel, Robinson, Colton, Cook, Castro, Peoples-Stokes|
|MLTSPNSR||Lopez V, Mayersohn, Pheffer, Ra, Rivera J, Saladino, Titone, Towns, Weisenberg|
|Amd S396-ff, Gen Bus L|
|Increases the types of firearms that are to be included in the firearm ballistic identification database.|
|02/01/2011||referred to codes|
|01/04/2012||referred to codes|
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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.
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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. LBD01754-01-1A. 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.