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S02277 Summary:

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 and provides for an affirmative defense if the dealer had a certification from the manufacturer.
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S02277 Actions:

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S02277 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 23, 2019
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed 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. Short title. This act shall be known and may  be  cited  as
     2  the "crime gun identification act of 2019".
     3    §  2.  Legislative  findings and intent. The legislature finds that in
     4  2005, the national clearance rate for homicide cases  was  approximately
     5  60%  and  over  3,000 gun homicide cases went unsolved; that in approxi-
     6  mately half of gun homicide investigations a spent cartridge casing, but
     7  not a firearm, is recovered at the crime scene; that currently  deployed
     8  national  ballistic  identification  systems  cannot identify the serial
     9  number of a gun unless the gun itself has been recovered;  that  firearm
    10  microstamping  is  a  revolutionary forensic technology that produces an
    11  identifiable alpha-numeric and geometric  code  onto  the  rear  of  the
    12  cartridge  casing  each  time  a semiautomatic pistol is fired; that the
    13  alpha-numeric and geometric code on an expended  cartridge  casing  will
    14  provide  an initial lead for law enforcement by enabling law enforcement
    15  to match the cartridge casing found at a crime to the original owner  of
    16  the  firearm;  that  information  from completed crime gun tracing is an
    17  important element utilized by COMPSTAT and other crime analysis  systems
    18  to  target  illegal  firearms trafficking; that microstamping technology
    19  continues to  produce  identifiable  markings  onto  expended  cartridge
    20  casings  even after thousands of rounds of testing; that this additional
    21  tool will help law  enforcement  investigate  illegal  gun  trafficking,
    22  close  firearm-related  criminal  cases and protect the public; and that
    23  legislative action is necessary to require all new semiautomatic pistols
    24  sold after January 1, 2021 to be microstamp-ready.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2277                             2
     1    § 3. Section 265.00 of the penal law is  amended  by  adding  two  new
     2  subdivisions 26 and 27 to read as follows:
     3    26.  "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  two locations on each
     6  expended cartridge case that identifies  the  make,  model,  and  serial
     7  number of the pistol.
     8    27.  "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    §  4.  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
    24  does not include (1) modifying  a  semiautomatic  pistol  to  render  it
    25  microstamp-ready  or  (2)  replacing  the  firing pin of a semiautomatic
    26  pistol that is microstamp-ready when such pin is damaged or in  need  of
    27  replacement for the safe use of such pistol, or replacing such pin for a
    28  legitimate sporting purpose.
    29    §  5.  The  penal law is amended by adding two new sections 265.38 and
    30  265.39 to read as follows:
    31  § 265.38 Microstamping of semiautomatic pistols; penalties.
    32    It shall be unlawful:
    33    1. for any dealer in firearms licensed under section  400.00  of  this
    34  chapter,  to sell, offer for sale, exchange, give, transfer or deliver a
    35  semiautomatic pistol manufactured on or after January first,  two  thou-
    36  sand  twenty-one  to  any person other than a dealer in firearms, unless
    37  such pistol is microstamp-ready; or
    38    2. for any manufacturer or wholesale dealer to deliver or cause to  be
    39  delivered  to  any person in this state, a semiautomatic pistol manufac-
    40  tured after January first, two thousand twenty-one, unless the  manufac-
    41  turer  certifies to such person at the time of such delivery, in accord-
    42  ance with rules and regulations promulgated by  the  division  of  state
    43  police, that such pistol is microstamp-ready. Such rules and regulations
    44  shall  include  a  requirement  that,  as part of the certification, the
    45  manufacturer shall provide the make, model  and  serial  number  of  the
    46  pistol.
    47    A violation of any provision of this section is a class B misdemeanor;
    48  provided, however, that a person, including a dealer in firearms, whole-
    49  sale  dealer  or  a  manufacturer,  who  violates  any provision of this
    50  section  after  having  previously  been  convicted  of  violating   any
    51  provision of this section is guilty of a class A misdemeanor.
    52  § 265.39 Microstamping of semiautomatic pistols; affirmative defense.
    53    In  any  prosecution  under  subdivision one of section 265.38 of this
    54  article, it is an affirmative defense that the dealer  in  firearms,  at
    55  the time of sale, offer for sale, exchange, giving, transfer or delivery
    56  of the semiautomatic pistol, was in possession of:

        S. 2277                             3
     1    1.  a  certification  from  the  manufacturer of such pistol delivered
     2  pursuant to subdivision two of section 265.38 of this article, that such
     3  pistol is microstamp-ready; or
     4    2.  an  exact  copy  of  such  certification obtained by the dealer in
     5  firearms from such manufacturer in accordance with applicable rules  and
     6  regulations promulgated by the division of state police.
     7    The  division  of  state police shall promulgate rules and regulations
     8  governing procedures and standards for exact  copies  of  certifications
     9  and the obtaining of such copies by a dealer in firearms from a manufac-
    10  turer for purposes of this section.
    11    §  6.  Subdivision 5 of section 265.15 of the penal law, as amended by
    12  chapter 695 of the laws of 1987, is amended to read as follows:
    13    5. The possession by any person of  a  defaced  machine-gun,  firearm,
    14  rifle  or  shotgun  is presumptive evidence that such person defaced the
    15  same; provided, however,  that  this  subdivision  shall  not  apply  to
    16  possession  of  a  semiautomatic  pistol  where  the  defacement alleged
    17  consists of defacing a microstamping  component  or  mechanism  of  such
    18  pistol.
    19    §  7. This act shall take effect January 1, 2021, or at such time that
    20  the superintendent of the state police has received written notice  from
    21  one or more microstamp job shops that such shop or shops are willing and
    22  prepared  to produce microstamp structures on two internal surfaces of a
    23  semiautomatic pistol as defined in subdivision 26 of section  265.00  of
    24  the  penal  law  for  a  price of twelve dollars or less at a production
    25  level of one thousand semiautomatic pistols per batch, whichever  occurs
    26  later;  provided  that  the  division  of  state police shall notify the
    27  legislative bill drafting commission upon the occurrence of the  receipt
    28  of  the  written  notice  provided for in this section in order that the
    29  commission may maintain an accurate and timely effective  data  base  of
    30  the official text of the laws of the state of New York in furtherance of
    31  effectuating  the  provisions  of  this  act, and provided further, that
    32  effective immediately the  superintendent  of  the  state  police  shall
    33  promulgate  rules  and  regulations  necessary for the implementation of
    34  this act.
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