senate Bill S675A

Amended

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 08 / Mar / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 09 / Mar / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN
  • 12 / May / 2011
    • AMEND AND RECOMMIT TO CODES
  • 12 / May / 2011
    • PRINT NUMBER 675A
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 10 / Jan / 2012
    • AMEND AND RECOMMIT TO CODES
  • 10 / Jan / 2012
    • PRINT NUMBER 675B
  • 24 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Mar / 2012
    • AMEND AND RECOMMIT TO RULES
  • 14 / Mar / 2012
    • PRINT NUMBER 675C

Summary

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.

do you support this bill?

Bill Details

Versions:
S675
S675A
S675B
S675C
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S6005A

Sponsor Memo

BILL NUMBER:S675A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
Requires all semiautomatic pistols manufactured on or after
January 1, 2013 to be capable of producing a unique
alpha-numeric or geometric code on at least two locations on
each cartridge case expended from such pistol which can identify
the make, model and serial number of the pistol.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 contains the short
title of the act, the "Crime Gun Identification Act of 2011."

Section 2 of the bill contains the Legislative Findings and Intent.

Section 3 of the bill adds two new subdivisions 24 and 25 to section
265.00 of the penal law to define the terms "microstamp-ready" and
"microstamping component or mechanism."

Section 4 of the bill amends subdivision 6 of section 265.10 of the
penal law to clarify that the existing class D felony offense of
defacing a firearm includes the defacement of a micros tamping
component or mechanism of a semiautomatic pistol. This section also
creates a new class A misdemeanor offense when a dealer in firearms
sells, offers for sale, exchanges, gives, transfers or delivers a
semiautomatic pistol knowing that the microstamping component or
mechanism of such pistol has been defaced. section 6 expressly
excludes from defacing a semiautomatic pistol (1) modifications made
to such pistol to render it micros tamp ready, or (2) replacing a
firing pin of a micro-stamp ready semiautomatic pistol when the pin
is damaged or in need of replacement for the safe use of the pistol,
or replacing such pin for a legitimate sporting purpose.

Section 5 of the bill adds two new sections 265.38 and 265.39 to the
penal law. Section 265.38 would prohibit (1) on or after January 1,
2011, the manufacture of a semiautomatic pistol in this state that is
not micro-stamp ready, (2) the sale, offer for sale, exchange,
giving, transfer or delivery of a semi-automatic pistol manufactured
after January 1, 2013 by a dealer in firearms to any person other
than a dealer in firearms, unless such pistol is micro-stamp ready
and (3) any manufacturer or wholesale dealer from delivering a
semiautomatic pistol manufactured after January 1, 2013 to any person
in this state, unless the
pistol is certified by the manufacturer as micro-stamp ready in
accordance with rules and regulations promulgated by the division of
state police. A violation of Section 265.38 is a class B misdemeanor;
a second or subsequent violation of any of these provisions is a class
A misdemeanor. Section 265.39 provides dealers in firearms charged
under subdivision 2 of section 265.38 with an affirmative defense.
The affirmative defense is available to those dealers who, at the


time of the sale, offer for sale, exchange, giving, transfer or
delivery of a semi-automatic pistol manufactured after January
1, 2013, are in possession of
the manufacturer's certification that such pistol is
microstamp-ready, or an exact copy of such certification.

Section 6 of the bill amends subdivision 5 of section 265.15 of the
penal law to make the presumption that applies to possession of
defaced guns inapplicable to semi-automatic pistols where the sole
defacement consists of defacing a microstamping component or
mechanism of such pistol.

Section 7 of the bill contains the effective date.

JUSTIFICATION:
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, information identifying the
make, model and serial number of the gun can be stamped onto the
cartridge as numbers and letters. The technology is designed to aid
law enforcement officials investigating homicides and other crimes by
allowing them to trace firearms through cartridge cases found at
crime scenes.

Microstamping represents a significant advancement over existing
ballistic identification technology. Because the technology of micros
tamping stamps 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 actual
crime gun. 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.

On October 13, 2007, California Governor Arnold Schwarzenegger signed
into law the "Crime Gun Identification Act of 2007, "mandating
manufacturer "microstamping" of all new models of semiautomatic
handgun models sold in California starting in 2010. Numerous other
states are also considering microstamping legislation.

PRIOR LEGISLATIVE HISTORY:
2009: S.4397-A Referred to Codes
2008: S.8541 Referred to Rules

FISCAL IMPLICATIONS:
This legislation will not impose new costs on the State of New York.
No new database is required; The certification process contained in
the bill is entirely industry based. Manufacturers will incur minimal
costs to adopt the new technology.

EFFECTIVE DATE:
The act would take effect January 1,2013, or at such time that the
division of state police receive written notice from a microstamp job
shop that such shop can produce microstamp structures on two internal
surfaces of a semiautomatic pistol for a price of twelve dollars or
less at a production level of one thousand semiautomatic pistols per


batch, whichever occurs later. The division of state police is
authorized to promulgate necessary rules and regulations upon passage
of the act.

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

                                 675--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. PERALTA, BRESLIN, DIAZ, HASSELL-THOMPSON, OPPENHEIM-
  ER,  RIVERA,  STAVISKY  --  read  twice  and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "crime gun identification act of 2011".
  S 2. Legislative findings and intent. The legislature  finds  that  in
2005,  the  national clearance rate for homicide cases was approximately
60% and over 3,000 gun homicide cases went unsolved;  that  in  approxi-
mately half of gun homicide investigations a spent cartridge casing, but
not  a firearm, is recovered at the crime scene; that currently deployed
national ballistic identification systems  cannot  identify  the  serial
number  of  a gun unless the gun itself has been recovered; that firearm
microstamping is a revolutionary forensic technology  that  produces  an
identifiable  alpha-numeric  and  geometric  code  onto  the rear of the
cartridge casing each time a semiautomatic pistol  is  fired;  that  the
alpha-numeric  and  geometric  code on an expended cartridge casing will
provide an initial lead for law enforcement by enabling law  enforcement
to  match the cartridge casing found at a crime to the original owner of
the firearm; that information from completed crime  gun  tracing  is  an
important  element utilized by COMPSTAT and other crime analysis systems
to target illegal firearms trafficking;  that  microstamping  technology
continues  to  produce  identifiable  markings  onto  expended cartridge
casings even after thousands of rounds of testing; that this  additional

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01523-03-1

S. 675--A                           2

tool  will  help  law  enforcement  investigate illegal gun trafficking,
close firearm-related criminal cases and protect the  public;  and  that
legislative action is necessary to require all new semiautomatic pistols
sold after January 1, 2013 to be microstamp-ready.
  S  3.  Section  265.00  of  the penal law is amended by adding two new
subdivisions 24 and 25 to read as follows:
  24. "MICROSTAMP-READY," WHEN USED WITH REFERENCE  TO  A  SEMIAUTOMATIC
PISTOL,  MEANS  THAT  SUCH  PISTOL  IS  MANUFACTURED TO PRODUCE A UNIQUE
ALPHA-NUMERIC OR GEOMETRIC CODE  ON  AT  LEAST  TWO  LOCATIONS  ON  EACH
EXPENDED  CARTRIDGE  CASE  THAT  IDENTIFIES  THE MAKE, MODEL, AND SERIAL
NUMBER OF THE PISTOL.
  25. "MICROSTAMPING COMPONENT OR MECHANISM," WHEN USED  WITH  REFERENCE
TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
DESIGNED  AND  INTENDED  TO  PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC
CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
AL NUMBER OF THE PISTOL.
  S 4. Subdivision 6 of section 265.10 of the penal law, as  amended  by
chapter 189 of the laws of 2000, is amended to read as follows:
  6. (A) Any person who wilfully defaces any machine-gun, large capacity
ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
COMPONENT  OR MECHANISM OF A SEMIAUTOMATIC PISTOL AS DESCRIBED IN SUBDI-
VISION TWENTY-FIVE OF SECTION 265.00 OF THIS ARTICLE,  is  guilty  of  a
class D felony. (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00
OF  THIS CHAPTER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS
OR DELIVERS A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING  COMPO-
NENT OR MECHANISM OF SUCH PISTOL AS DESCRIBED IN SUBDIVISION TWENTY-FIVE
OF SECTION 265.00 OF THIS ARTICLE HAS BEEN DEFACED, IS GUILTY OF A CLASS
A MISDEMEANOR. FOR PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMAT-
IC  PISTOL  DOES  NOT  INCLUDE  (1)  MODIFYING A SEMIAUTOMATIC PISTOL TO
RENDER IT MICROSTAMP-READY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE OR (2) REPLACING  THE
FIRING  PIN OF A SEMIAUTOMATIC PISTOL THAT IS MICROSTAMP-READY WHEN SUCH
PIN IS DAMAGED OR IN NEED OF  REPLACEMENT  FOR  THE  SAFE  USE  OF  SUCH
PISTOL, OR REPLACING SUCH PIN FOR A LEGITIMATE SPORTING PURPOSE.
  S  5.  The  penal law is amended by adding two new sections 265.38 and
265.39 to read as follows:
S 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
  IT SHALL BE UNLAWFUL:
  1. FOR ANY DEALER IN FIREARMS LICENSED UNDER SECTION  400.00  OF  THIS
CHAPTER,  TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER A
SEMIAUTOMATIC PISTOL MANUFACTURED ON OR AFTER JANUARY FIRST,  TWO  THOU-
SAND THIRTEEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS SUCH
PISTOL IS MICROSTAMP-READY; OR
  2.  FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO BE
DELIVERED TO ANY PERSON IN THIS STATE, A SEMIAUTOMATIC  PISTOL  MANUFAC-
TURED AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, UNLESS THE MANUFACTUR-
ER  CERTIFIES TO SUCH PERSON AT THE TIME OF SUCH DELIVERY, IN ACCORDANCE
WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE  POLICE,
THAT  SUCH  PISTOL IS MICROSTAMP-READY. SUCH RULES AND REGULATIONS SHALL
INCLUDE A REQUIREMENT THAT, AS PART OF THE CERTIFICATION,  THE  MANUFAC-
TURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL.
  A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
SALE  DEALER  OR  A  MANUFACTURER,  WHO  VIOLATES  ANY PROVISION OF THIS
SECTION  AFTER  HAVING  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING   ANY
PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.

S. 675--A                           3

S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
  IN  ANY  PROSECUTION  UNDER  SUBDIVISION ONE OF SECTION 265.38 OF THIS
ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER  IN  FIREARMS,  AT
THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
  1.  A  CERTIFICATION  FROM  THE  MANUFACTURER OF SUCH PISTOL DELIVERED
PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
PISTOL IS MICROSTAMP-READY; OR
  2. AN EXACT COPY OF SUCH  CERTIFICATION  OBTAINED  BY  THE  DEALER  IN
FIREARMS  FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND
REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
  THE DIVISION OF STATE POLICE SHALL PROMULGATE  RULES  AND  REGULATIONS
GOVERNING  PROCEDURES  AND  STANDARDS FOR EXACT COPIES OF CERTIFICATIONS
AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
TURER FOR PURPOSES OF THIS SECTION.
  S 6. Subdivision 5 of section 265.15 of the penal law, as  amended  by
chapter 695 of the laws of 1987, is amended to read as follows:
  5.  The  possession  by  any person of a defaced machine-gun, firearm,
rifle or shotgun is presumptive evidence that such  person  defaced  the
same,  PROVIDED,  HOWEVER,  THAT  THIS  SUBDIVISION  SHALL  NOT APPLY TO
POSSESSION OF A  SEMI-AUTOMATIC  PISTOL  WHERE  THE  DEFACEMENT  ALLEGED
CONSISTS  OF  DEFACING  A  MICROSTAMPING  COMPONENT OR MECHANISM OF SUCH
PISTOL.
  S 7. This act shall take effect January 1, 2013, or at such time  that
the  superintendent of the state police has received written notice from
one or more microstamp job shops that such shop or shops are willing and
prepared to produce microstamp structures on two internal surfaces of  a
semiautomatic pistol in accordance with subdivision 24 of section 265.00
of  the  penal law for a price of twelve dollars or less at a production
level of one thousand semiautomatic pistols per batch, whichever  occurs
later;  provided  that  the  division  of  state police shall notify the
legislative bill drafting commission upon the occurrence of the  receipt
of  the  written  notice  provided for in this section in order that the
commission may maintain an accurate and timely effective  data  base  of
the official text of the laws of the state of New York in furtherance of
effectuating  the  provisions  of  this  act, and provided further, that
effective immediately the  superintendent  of  the  state  police  shall
promulgate  rules  and  regulations  necessary for the implementation of
this act.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.