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.
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.
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.
LBD02762-14-2
A. 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.
