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A07926 Summary:

BILL NOA07926
 
SAME ASSAME AS S04116
 
SPONSORRosenthal L
 
COSPNSRMeeks, Richardson, Simon, Epstein, Zinerman, Galef, Fernandez, Burgos, Gottfried, Steck
 
MLTSPNSR
 
Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
 
Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; establishes fines for violations of this requirement; provides for an affirmative defense if the dealer had a certification from the manufacturer.
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A07926 Actions:

BILL NOA07926
 
06/01/2021referred to codes
06/07/2021reported referred to rules
06/08/2021reported
06/08/2021rules report cal.635
06/08/2021ordered to third reading rules cal.635
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A07926 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7926
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 1, 2021
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes
 
        AN ACT
          to amend the penal law, in relation to requiring semiautomatic pistols
        manufactured or delivered to any licensed dealer in  this  state  to  be
        capable of microstamping ammunition

          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  two
     2  new subdivisions 32 and 33 to read as follows:
     3    32.  "Microstamp-ready",  when  used with reference to a semiautomatic
     4  pistol, means that such pistol  is  manufactured  to  produce  a  unique
     5  alpha-numeric  or  geometric  code  on  at  least  one  location on each
     6  expended cartridge case that identifies  the  make,  model,  and  serial
     7  number of the pistol.
     8    33.  "Microstamping  component or mechanism", when used with reference
     9  to a semiautomatic pistol, means a component or mechanism of such pistol
    10  designed and intended to produce a  unique  alpha-numeric  or  geometric
    11  code on an expended cartridge that identifies the make, model, and seri-
    12  al number of the pistol.
    13    §  2.  Subdivision 6 of section 265.10 of the penal law, as amended by
    14  chapter 189 of the laws of 2000, is amended to read as follows:
    15    6. (a) Any person who wilfully defaces any machine-gun, large capacity
    16  ammunition feeding device or firearm, including defacing a microstamping
    17  component or mechanism of a semiautomatic pistol, is guilty of a class D
    18  felony.
    19    (b) Any dealer in firearms licensed under section 400.00 of this chap-
    20  ter who sells, offers for sale, exchanges, gives, transfers or  delivers
    21  a  semiautomatic pistol, knowing that a microstamping component or mech-
    22  anism of such pistol has been defaced, is guilty of a class A  misdemea-
    23  nor.  For  purposes of this subdivision, defacing a semiautomatic pistol
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02762-02-1

        A. 7926                             2
 
     1  does not include (1) modifying  a  semiautomatic  pistol  to  render  it
     2  microstamp-ready  or  (2)  replacing  the  firing pin of a semiautomatic
     3  pistol that is microstamp-ready when such pin is damaged or in  need  of
     4  replacement for the safe use of such pistol, or replacing such pin for a
     5  legitimate sporting purpose.
     6    §  3.  The  penal law is amended by adding two new sections 265.38 and
     7  265.39 to read as follows:
     8  § 265.38 Microstamping of semiautomatic pistols; penalties.
     9    It shall be unlawful:
    10    1. for any dealer in firearms licensed under section  400.00  of  this
    11  chapter,  to sell, offer for sale, exchange, give, transfer or deliver a
    12  semiautomatic pistol manufactured on or after January first,  two  thou-
    13  sand  twenty-three to any person other than a dealer in firearms, unless
    14  such pistol is microstamp-ready; or
    15    2. for any manufacturer or wholesale dealer to deliver or cause to  be
    16  delivered  to  any person in this state, a semiautomatic pistol manufac-
    17  tured  after  January  first,  two  thousand  twenty-three,  unless  the
    18  manufacturer  certifies  to such person at the time of such delivery, in
    19  accordance with rules and regulations promulgated  by  the  division  of
    20  state police, that such pistol is microstamp-ready. Such rules and regu-
    21  lations  shall include a requirement that, as part of the certification,
    22  the manufacturer shall provide the make, model and serial number of  the
    23  pistol.
    24    A violation of any provision of this section is a class B misdemeanor;
    25  provided, however, that a person, including a dealer in firearms, whole-
    26  sale  dealer  or  a  manufacturer,  who  violates  any provision of this
    27  section  after  having  previously  been  convicted  of  violating   any
    28  provision of this section is guilty of a class A misdemeanor.
    29  § 265.39 Microstamping of semiautomatic pistols; affirmative defense.
    30    In  any  prosecution  under  subdivision one of section 265.38 of this
    31  article, it is an affirmative defense that the dealer  in  firearms,  at
    32  the time of sale, offer for sale, exchange, giving, transfer or delivery
    33  of the semiautomatic pistol, was in possession of:
    34    1.  a  certification  from  the  manufacturer of such pistol delivered
    35  pursuant to subdivision two of section 265.38 of this article, that such
    36  pistol is microstamp-ready; or
    37    2. an exact copy of such  certification  obtained  by  the  dealer  in
    38  firearms  from such manufacturer in accordance with applicable rules and
    39  regulations promulgated by the division of state police.
    40    The division of state police shall promulgate  rules  and  regulations
    41  governing  procedures  and  standards for exact copies of certifications
    42  and the obtaining of such copies by a dealer in firearms from a manufac-
    43  turer for purposes of this section.
    44    § 4. Subdivision 5 of section 265.15 of the penal law, as  amended  by
    45  chapter 695 of the laws of 1987, is amended to read as follows:
    46    5.  The  possession  by  any person of a defaced machine-gun, firearm,
    47  rifle or shotgun is presumptive evidence that such  person  defaced  the
    48  same;  provided,  however,  that  this  subdivision  shall  not apply to
    49  possession of  a  semiautomatic  pistol  where  the  defacement  alleged
    50  consists  of  defacing  a  microstamping  component or mechanism of such
    51  pistol.
    52    § 5. This act shall take effect January 1, 2023.
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