|SAME AS||SAME AS S04116-A|
|COSPNSR||Meeks, Richardson, Simon, Epstein, Zinerman, Galef, Fernandez, Burgos, Gottfried, Steck, Seawright, Niou, Zebrowski, Abinanti, Carroll, Paulin, Gallagher, Dinowitz, Fahy, Quart, Colton, Griffin, Hyndman, Pretlow, Burdick, O'Donnell, Glick, Gibbs, Jacobson, McMahon, Otis, Solages, Ramos, Cymbrowitz, Walker, Benedetto, Lavine, Weprin, Peoples-Stokes, Darling, Bichotte Hermelyn, Sillitti|
|Amd §§265.00 & 265.10, add §265.38, Pen L; add §837-w, Exec L|
|Requires semiautomatic pistols sold in this state be verified as a microstamping-enabled pistol; establishes fines for violations of this requirement; requires the division of criminal justice services to certify the viability of microstamping-enabled pistols.|
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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: A7926A SPONSOR: Rosenthal L
TITLE OF BILL: An act to amend the penal law, in relation to requiring semiautomatic pistols sold in this state be verified as a microstamping-enabled pistol; and to amend the executive law, in relation to requiring the division of criminal justice services to certify the viability of microstamping-enabled pistols   PURPOSE OR GENERAL IDEA OF BILL: Requires the Division of Criminal Justice Services to examine the tech- nological viability of microstamping-enabled pistols, and if such inves- tigation deems the technology viable, requires semiautomatic pistols sold in New York State to be microstamping-enabled.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 265 of the penal law by adding new subdivi- sions 33, 34 and 35. Section two amends the executive law by adding a new section 837-w. Section three amends the penal law by adding a new section 265.38. Section four amends section 265.10 of the penal law by adding a new subdivision 9. Section five establishes the effective date.   JUSTIFICATION: Recent research indicates that across the nation, large numbers of shootings are never reported to law enforcement, and large numbers of fatal and nonfatal shootings go unsolved and undeterred. An in-depth investigation by The Washington Post found that across 52 of the nation's largest cities, 53 percent of murders of African Americans never led to an arrest, let alone a conviction. Other investigative reports have indicated that homicides and attempted homicides involving firearms may be even less likely to lead to an arrest. Research reported by The Trace found that across 22 cities, 65 percent of fatal shootings involving an African American or Hispanic victim never led to an arrest. When shootings, homicides, and other firearm crimes are unsolved and undeterred, retaliatory cycles of violence, trauma, and vigilantism are more likely to erupt instead, leading to increased interpersonal gun violence and injury, and weakened trust in the justice system. Widespread use of microstamping technology would help ensure public safety and prevent crime. Microstamping technology utilizes lasers to make precise, microscopic engravings on the internal mechanisms of a gun, such as the breech face and firing pin. As the gun is fired, these engravings can imprint a unique alpha-numeric array onto the shell casing of the cartridge fired from the gun. This unique array can then be used, like a serial number, to identify the make, model and serial number of the gun. The technology is designed to aid law enforcement officials investigating homicides and other gun crimes by allowing them to trace firearms to their original purchasers through cartridge cases found at crime scenes. Microstamping represents a significant advancement over existing ballis- tic identification technology. Because the technology of microstamping imprints the identifying characteristics of a firearm onto every cartridge ejected from the gun, investigators need only recover the cartridges at a crime scene to be able to identify the gun used in the commission of the crime. Current ballistics identification technology is much more limited. While it can be used to compare ballistic evidence recovered at crime scenes, it cannot lead investigators directly to a specific firearm that produced the ballistic fingerprint, unless that firearm is recovered. Incorporating microstamping features in more handgun models sold in New York would likely reduce' interpersonal gun violence in this state by aiding law enforcement efforts to solve and deter shootings, homicides, and other gun-related crimes, and prevent cycles of retributive violence from occurring. Contrary to firearm manufacturers' claims that it is impossible or impractical to produce firearms equipped with microstamp- ing technology, the The Sporting Arms and Ammunition Manufacturers' Institute and the National Shooting Sports Foundation have admitted that "microstamped characters that identify the make, model, and serial number of a semi-automatic pistol can be etched or imprinted on the tip of the pistol's firing pin" and tests have shown it is feasible to do the same on the firearm breechface. Additionally, the Ninth Circuit Court of Appeals has held, in upholding California's microstamping requirement, that "the State of California produced evidence that compliance with the microstamping requirement is "technologically possi- ble" and would cost an incremental $3.00 to $10.00 per gun." Pena v. Lindley, 898 F.3d 969 (9th Cir. 2018). Microstamping technology is feasible and reliable and the costs of implementing this technology are minimal. Incorporating microstamping technology will help ensure public safety by identifying crime guns, aiding law enforcement in their efforts to prosecute those who use guns to do harm, disrupt cycles of retributive violence and deter future acts of gun violence.   PRIOR LEGISLATIVE HISTORY: 2019-20: A.1251 (Jaffee) - Referred to Codes/S.2277 (Hoylman) - Referred to Codes 2017-18: A.5826-A (Jaffee) - Advanced to Third Reading/S.470-A (Peralta) - Referred to Codes 2015-16: A.6192-A (Schimel) - Referred to Codes/S.1113-A (Peralta) Referred to Codes 2013-14: A.3244-A (Schimel) - Advanced to Third Reading/S.68-A (Peralta) - Referred to Codes 2011-12: A.1157-5 (Schimel) - Passed Assembly/S.675-C (Peralta) -Commit- ted to Rules 2009-10: A.6468-C (Schimel) - Passed Assembly/S.6500-A (Schneiderman) - Third Reading   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately, provided, however, that section three of this act shall take effect 4 years after the certification that microstamping-enabled pistols are technologically viable by the division of criminal justice services or a designee or 1 year after a person, association, partnership, corporation or other entity has been licensed to engage in the business of servicing firearms and their components to ensure compliance with the requirements of this act, whichever is earli- er.
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STATE OF NEW YORK ________________________________________________________________________ 7926--A Cal. No. 280 2021-2022 Regular Sessions IN ASSEMBLY June 1, 2021 ___________ Introduced by M. of A. L. ROSENTHAL, MEEKS, SIMON, EPSTEIN, ZINERMAN, GALEF, FERNANDEZ, BURGOS, GOTTFRIED, STECK, SEAWRIGHT, NIOU -- read once and referred to the Committee on Codes -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the penal law, in relation to requiring semiautomatic pistols sold in this state be verified as a microstamping-enabled pistol; and to amend the executive law, in relation to requiring the division of criminal justice services to certify the viability of microstamping-enabled pistols The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 265.00 of the penal law is amended by adding three 2 new subdivisions 33, 34 and 35 to read as follows: 3 33. "Microstamp" means a unique alphanumeric or geometric code that 4 identifies the make, model, and serial number of a firearm. 5 34. "Microstamping component" means a component part of a semi-auto- 6 matic pistol that will produce a microstamp on at least one location of 7 the expended cartridge case each time the pistol is fired. 8 35. "Microstamping-enabled pistol" means any semiautomatic pistol that 9 contains a microstamping component. 10 § 2. The executive law is amended by adding a new section 837-w to 11 read as follows: 12 § 837-w. Technological viability of microstamping-enabled firearms. 1. 13 As used in this section, the terms "microstamping-enabled pistols" and 14 "microstamping components" shall have the same meaning as defined in 15 article two hundred sixty-five of the penal law. 16 2. The division or a designee shall within one hundred eighty days of 17 the effective date of this section: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02762-14-2A. 7926--A 2 1 (a) engage in and complete an investigation to certify the technolog- 2 ical viability of microstamping-enabled pistols. This investigation 3 shall include live-fire testing evidence; and 4 (b) certify or decline to certify that microstamping-enabled pistols 5 are technologically viable. 6 3. Following a certification by the division or a designee that 7 microstamping-enabled pistols are technologically viable, the division 8 shall: 9 (a) within three hundred sixty-five days from the date of certif- 10 ication of the viability of such technology by division or a designee 11 pursuant to subdivision one of this section, establish performance stan- 12 dards, qualifying criteria and testing protocols applicable to the exam- 13 ination and verification of microstamping-enabled pistols and micro- 14 stamping components; 15 (b) within two years from the date of certification of the viability 16 of such technology by division or a designee pursuant to subdivision one 17 of this section, establish and implement verification processes for 18 microstamping-enabled pistols and microstamping components; 19 (c) within two years from the date of certification of the viability 20 of such technology by division or a designee pursuant to subdivision one 21 of this section, establish processes and standards for the training and 22 licensure of persons, associations, partnerships, corporations, or other 23 entities so that such may engage in the business of servicing semi-auto- 24 matic pistols and their components to ensure compliance with the 25 requirements of article two hundred sixty-five of the penal law; and 26 (d) within two years from the date of certification of the viability 27 of such technology by division or a designee pursuant to subdivision one 28 of this section, designate a body to service semiautomatic pistols and 29 their components to ensure compliance with the requirements of article 30 two hundred sixty-five of the penal law. 31 4. The division shall promulgate any rule or regulation as may be 32 necessary to carry out the provisions of this section. 33 § 3. The penal law is amended by adding a new section 265.38 to read 34 as follows: 35 § 265.38 Unlawful sale of a non-microstamping-enabled firearm. 36 1. It shall be unlawful for any dealer in firearms licensed under 37 section 400.00 of this chapter, to sell, offer for sale, exchange, give, 38 transfer or deliver any semiautomatic pistol unless such pistol has been 39 verified as a microstamping-enabled pistol. A pistol may be verified as 40 microstamping-enabled if it contains a microstamp component installed by 41 its manufacturer or by a state licensed person, association, partner- 42 ship, corporation, or other entity in compliance with state standards 43 established by the commissioner of the division of criminal justice 44 services or their designee. The provisions of this section shall not 45 apply to a pistol manufactured prior to the effective date of this 46 section. 47 2. (a) The first violation for unlawful sale of a non-microstamping- 48 enabled pistol pursuant to this section shall be punishable only by a 49 fine of not more than five hundred dollars and may result in a suspen- 50 sion or revocation of the dealer's license issued under section 400.00 51 of this chapter. 52 (b) The second violation for unlawful sale of a non-microstamping-ena- 53 bled pistol pursuant to this section shall be punishable only by a fine 54 of not more than five thousand dollars and may result in a suspension or 55 revocation of the dealer's license issued under section 400.00 of this 56 chapter.A. 7926--A 3 1 (c) The third violation for unlawful sale of a non-microstamping-ena- 2 bled pistol pursuant to this section is a class A misdemeanor and shall 3 result in a suspension or revocation of the dealer's license issued 4 under section 400.00 of this chapter. 5 § 4. Section 265.10 of the penal law is amended by adding a new subdi- 6 vision 9 to read as follows: 7 9. Any person who modifies a microstamping-enabled pistol or micro- 8 stamping component with the intent to prevent the production of a micro- 9 stamp is, for a first offense, guilty of a class B misdemeanor, and for 10 a second or subsequent offense, is guilty of a class A misdemeanor. For 11 the purposes of this subdivision, it shall not be unlawful to replace 12 the microstamping component of a microstamping-enabled pistol when the 13 component is damaged or in need of replacement with another valid micro- 14 stamping component for the safe use of the firearm or replacing such pin 15 for a legitimate sporting purpose that is only used for that legitimate 16 purpose. 17 § 5. This act shall take effect immediately, provided, however, that 18 section three of this act shall take effect 4 years after the certif- 19 ication that microstamping-enabled pistols are technologically viable by 20 the division of criminal justice services or a designee or 1 year after 21 a person, association, partnership, corporation or other entity has been 22 licensed to engage in the business of servicing firearms and their 23 components to ensure compliance with the requirements of this act, 24 whichever is earlier, and provided that the commissioner of the division 25 of criminal justice services shall notify the legislative bill drafting 26 commission upon such certification in order that the commission may 27 maintain an accurate and timely effective data base of the official text 28 of the laws of the state of New York in furtherance of effectuating the 29 provisions of section 44 of the legislative law and section 70-b of the 30 public officers law.