S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3200

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Codes

AN  ACT to amend the general business law and the penal law, in relation
  to establishing a statewide database to maintain and track coded ammu-
  nition and establishing penalties for  individuals  who  violate  such
  provisions;  to amend the state finance law, in relation to establish-
  ing the ammunition coding system database fund; and to amend  the  tax
  law,  in  relation  to  establishing a tax credit for manufacturers or
  dealers who exchange old uncoded ammunition for new coded ammunition

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The legislature hereby finds that
each year in the United States more than thirty percent of all homicides
involving a gun go unsolved. Handgun ammunition  accounts  for  approxi-
mately  eighty  percent of all ammunition sold within the United States.
Current technology for matching a bullet used in a crime to the gun that
fired it has worked moderately well for years, but presupposes that  the
weapon  was recovered by law enforcement. Ammunition coding is a new and
effective way for law enforcement to quickly identify persons of  inter-
est in gun crime investigations.
  S  2. The general business law is amended by adding a new section 396-
gg to read as follows:
  S 396-GG. AMMUNITION CODING SYSTEM DATABASE. 1.  THE  NEW  YORK  STATE
POLICE  IS  RESPONSIBLE  FOR  ESTABLISHING AND MAINTAINING AN AMMUNITION
CODING SYSTEM DATABASE CONTAINING INFORMATION FROM THE FOLLOWING:
  A. THE MANUFACTURER REGISTRY. (I) EVERY  MANUFACTURER  SHALL  REGISTER
WITH  THE  NEW  YORK STATE POLICE IN A MANNER PRESCRIBED BY THE NEW YORK
STATE POLICE, AND SHALL MAINTAIN RECORDS ON THE BUSINESS PREMISES FOR  A
PERIOD  OF  SEVEN  YEARS  CONCERNING  ALL SALES, LOANS, AND TRANSFERS OF
AMMUNITION TO, FROM, OR WITHIN THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05797-01-9

              

A. 3200                             2

  (II) EVERY MANUFACTURER SHALL CODE ANY  AMMUNITION  FOR  HANDGUNS  AND
ASSAULT  WEAPONS  SOLD OR MANUFACTURED AFTER JANUARY FIRST, TWO THOUSAND
NINE.
  B. THE VENDOR REGISTRY. EVERY VENDOR OF AMMUNITION SHALL REGISTER WITH
THE  NEW  YORK STATE POLICE IN A MANNER PRESCRIBED BY THE NEW YORK STATE
POLICE,  AND  SHALL  RECORD  THE  FOLLOWING  INFORMATION  IN  A   FORMAT
PRESCRIBED BY THE NEW YORK STATE POLICE:
  (I) THE DATE OF THE TRANSACTION;
  (II) THE NAME OF THE TRANSFEREE;
  (III)  THE  PURCHASER'S  DRIVER'S  LICENSE  NUMBER OR OTHER GOVERNMENT
ISSUED IDENTIFICATION CARD NUMBER;
  (IV) THE DATE OF BIRTH OF THE PURCHASER;
  (V) THE UNIQUE IDENTIFIER OF ALL HANDGUN AMMUNITION OR BULLETS  TRANS-
FERRED;
  (VI) THE CALIBER OF THE BULLET; AND
  (VII) ANY OTHER INFORMATION DETERMINED NECESSARY BY THE NEW YORK STATE
POLICE.
  EVERY  VENDOR  SHALL  MAINTAIN  THESE  RECORDS ON THEIR PREMISES FOR A
PERIOD OF AT LEAST THREE YEARS FROM THE DATE OF THE RECORDED PURCHASE.
  2. TO THE GREATEST EXTENT POSSIBLE OR PRACTICAL, THE AMMUNITION CODING
SYSTEM DATABASE SHALL BE BUILT WITHIN THE FRAMEWORK OF EXISTING FIREARMS
DATABASES. THE AMMUNITION CODING SYSTEM DATABASE SHALL BE OPERATIONAL NO
LATER THAN JANUARY FIRST, TWO THOUSAND TEN.
  3. PRIVACY OF INDIVIDUALS IS  OF  THE  UTMOST  IMPORTANCE.  ACCESS  TO
INFORMATION IN THE AMMUNITION CODING SYSTEM DATABASE IS RESERVED FOR KEY
LAW  ENFORCEMENT  PERSONNEL AND TO BE RELEASED ONLY IN CONNECTION WITH A
CRIMINAL INVESTIGATION.
  4. THE COST OF MAINTAINING THE DATABASE SHALL BE FUNDED BY THE AMMUNI-
TION CODING SYSTEM DATABASE FUND ESTABLISHED PURSUANT TO  SECTION  NINE-
TY-ONE-H  OF  THE  STATE FINANCE LAW. VENDORS SHALL CHARGE AN ADDITIONAL
$.005 PER BULLET OR ROUND OF AMMUNITION TO THE PURCHASER.   SUCH  MONEYS
SHALL BE DEPOSITED INTO THE FUND.
  5.  ANY  PERSON  IN POSSESSION OF NON-CODED AMMUNITION MUST DISPOSE OF
SUCH AMMUNITION NO LATER THAN JANUARY FIRST, TWO THOUSAND ELEVEN.
  6.  ANY PERSON WITH A VALID HUNTING LICENSE SHALL BE EXEMPT FROM  THIS
SECTION,  FOR  A  PERIOD  OF THREE YEARS COMMENCING THREE YEARS FROM THE
EFFECTIVE DATE OF THIS SECTION.
  7. A. ANY  MANUFACTURER  THAT  WILLFULLY  FAILS  TO  COMPLY  WITH  THE
PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO ONE THOU-
SAND  DOLLARS FOR A FIRST OFFENSE; A FINE OF UP TO FIVE THOUSAND DOLLARS
FOR A SECOND OFFENSE; AND A FINE OF UP TO TEN  THOUSAND  DOLLARS  FOR  A
THIRD AND EACH SUBSEQUENT OFFENSE.
  B.  ANY  VENDOR  THAT WILLFULLY FAILS TO COMPLY WITH THE PROVISIONS OF
THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO  ONE  THOUSAND  DOLLARS
FOR  A  FIRST OFFENSE; A FINE OF UP TO TWO THOUSAND DOLLARS FOR A SECOND
OFFENSE; AND A FINE OF UP TO FIVE THOUSAND DOLLARS FOR A THIRD AND  EACH
SUBSEQUENT  OFFENSE.  IN  ADDITION  TO ANY FINE IMPOSED PURSUANT TO THIS
SECTION, A VENDOR MAY BE SUBJECT TO A TERM OF IMPRISONMENT OF LESS  THAN
ONE YEAR FOR EACH VIOLATION.
  8.  FOR  PURPOSES  OF  THIS SECTION, "CODED AMMUNITION" MEANS A BULLET
CARRYING A UNIQUE IDENTIFIER THAT HAS BEEN APPLIED BY ETCHING  ONTO  THE
BASE OF THE BULLET PROJECTILE.
  S  3.  The penal law is amended by adding a new section 265.45 to read
as follows:
S 265.45 UNLAWFUL SALE OR POSSESSION OF UNCODED AMMUNITION.

A. 3200                             3

  A PERSON IS GUILTY OF UNLAWFUL SALE OR POSSESSION OF  UNCODED  AMMUNI-
TION WHEN HE OR SHE:
  1.  SELLS  ANY  AMMUNITION THAT HAS NOT BEEN CODED PURSUANT TO SECTION
THREE HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW; OR
  2. POSSESSES ANY AMMUNITION THAT IS UNCODED, OR THE CODE OF WHICH  HAS
BEEN  RENDERED  UNREADABLE,  EXCEPT  IF  SUCH POSSESSION IS WITHIN THREE
YEARS FROM THE EFFECTIVE DATE OF THIS SECTION AND THE PERSON HAS A VALID
HUNTING LICENSE; OR
  3. POSSESSES ONE HUNDRED ROUNDS OR MORE OF AMMUNITION THAT IS UNCODED,
OR THE CODE OF WHICH HAS BEEN RENDERED UNREADABLE, DOES NOT HAVE A VALID
HUNTING LICENSE, AND SUCH POSSESSION TAKES PLACE AT LEAST ONE YEAR AFTER
THE EFFECTIVE DATE OF THIS SECTION.
  UNLAWFUL SALE OR POSSESSION OF UNCODED AMMUNITION IS A CLASS A  MISDE-
MEANOR.
  S  4. The state finance law is amended by adding a new section 91-h to
read as follows:
  S 91-H. AMMUNITION CODING SYSTEM DATABASE FUND.  1.  THERE  IS  HEREBY
CREATED  IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE, A FUND TO BE KNOWN AS THE AMMUNITION CODING SYSTEM
DATABASE FUND.
  2. THE FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO  SECTION
THREE  HUNDRED  NINETY-SIX-GG  OF THE GENERAL BUSINESS LAW, OR ANY OTHER
MONEY APPROPRIATED TO THE FUND BY LAW.
  3. THE MONEYS OF THE FUND SHALL BE USED TO ESTABLISH AND MAINTAIN  THE
AMMUNITION  CODING  SYSTEM  DATABASE  CREATED  PURSUANT TO SECTION THREE
HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW.
  4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  STATE  COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE SUPER-
INTENDENT OF THE NEW YORK STATE POLICE.
  S 5.  Section 210 of the tax law is amended by adding a  new  subdivi-
sion 41 to read as follows:
  41.  CREDIT FOR EXCHANGE OF UNCODED AMMUNITION. (A) ALLOWANCE OF CRED-
IT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS  HEREINAFTER
PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, WHERE THE TAXPAYER IS
AN  AMMUNITION MANUFACTURER OR DEALER AND ACCEPTS OLD UNCODED AMMUNITION
IN EXCHANGE FOR NEW CODED AMMUNITION.
  (B) AMOUNT OF CREDIT. THE CREDIT ALLOWED IN THIS SUBDIVISION SHALL  BE
EQUAL  TO THE COST TO THE TAXPAYER FOR PROVIDING NEW CODED AMMUNITION IN
EXCHANGE FOR OLD UNCODED AMMUNITION, IN AN AMOUNT UP  TO  THREE  HUNDRED
THOUSAND DOLLARS.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.