senate Bill S675B

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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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    • NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN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.

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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:S675B

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, 2014 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 2012."

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 microstamp 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) the sale, offer for
sale, exchange, giving, transfer or delivery of a semiautomatic
pistol manufactured after January 1, 2014 by a dealer in firearms to
any person other than a dealer in firearms, unless such pistol is
micro-stamp ready and (2) any manufacturer or wholesale dealer from
delivering a semiautomatic pistol manufactured after January 1,2014
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 to their original purchasers through
cartridge cases found at crime scenes.

Microstamping represents a significant advancement over existing
ballistic 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
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, 2014, 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--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. PERALTA, BRESLIN, DIAZ, ESPAILLAT, HASSELL-THOMPSON,
  KRUEGER,  OPPENHEIMER,  PARKER, RIVERA, SERRANO, SQUADRON, 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 --  recommitted
  to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
  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 2012".
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01523-07-1

S. 675--B                           2

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
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, 2014 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 SERIAL
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, is guilty of a class D
felony.
  (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
TER  WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR DELIVERS
A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR  MECH-
ANISM  OF SUCH PISTOL HAS BEEN DEFACED, IS GUILTY OF A CLASS A MISDEMEA-
NOR.
  FOR PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMATIC PISTOL DOES
NOT INCLUDE (1) MODIFYING A SEMIAUTOMATIC PISTOL TO  RENDER  IT  MICROS-
TAMP-READY,  OR  (2)  REPLACING THE FIRING PIN OF A SEMIAUTOMATIC PISTOL
THAT IS MICROSTAMP-READY WHEN SUCH PIN IS DAMAGED OR IN NEED OF REPLACE-
MENT FOR THE SAFE USE OF SUCH PISTOL OR REPLACING SUCH PIN FOR A LEGITI-
MATE 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 FOURTEEN 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 FOURTEEN, 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

S. 675--B                           3

SECTION   AFTER  HAVING  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  ANY
PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
  IN  ANY  PROSECUTION  UNDER  SUBDIVISION ONE OF SECTION 265.38 OF THIS
ARTICLE, IT SHALL BE 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 THE
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, 2014, 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, as added by section three of this act, for a price of
twelve dollars or less at a production level of one  thousand  semiauto-
matic pistols per batch, whichever occurs later; provided that the divi-
sion  of state police shall notify the legislative bill drafting commis-
sion upon the occurrence of the receipt of the written  notice  provided
for  in  this section in order that the commission may maintain an accu-
rate 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  super-
intendent  of  the  state  police shall promulgate rules and regulations
necessary for the implementation of this act.

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