BILL NUMBER: S8775

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring the disposal
of firearms acquired pursuant to a gun buyback program

 
PURPOSE:

To ensure that firearms, and all parts of the firearms, which are
acquired through a gun buyback program, are destroyed and not sold or
transferred

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 5 of section 233 of the Executive Law and
adds two new subdivisions 6 and 7:

Subdivision 5, for the purposes of this section, the terms "guns,
rifles, and firearms" shall include but not be limited to the barrel,
trigger, grip, slide, stock, springs as well as parts of the gun, rifles
              

and firearm within the frame.

Subdivision 6 sets forth the manner in which all agencies participating
in a gun buyback program authorized under this section shall dispose of
all guns, rifles, and firearms purchased.

a) Such guns, rifles, and firearms shall be disassembled and, destroyed.

b) A video shall be made and stored of such disassembling and
destruction of the guns, rifles, and firearms.

c) A log shall be created of all guns, rifles, and firearms processed by
serial and case number.

Such serial and case number shall be easily visible on the video of such
disassembling and destruction of such guns, rifles, and firearms.

d) Such log and video shall be filed with the agency conducting such gun
buyback program and with the Department of Criminal Justice Services.

Subdivision 7 states:

a) No person shall sell or transfer, or modify for sale or transfer, any
firearm, rifle, or shotgun acquired as part of a gun buyback program
authorized under this section.

b) Any person who violates the provisions of this subdivision shall be
guilty of a class E felony.

Section 2 sets forth the effective date which is immediately.

 
JUSTIFICATION:

The plague of gun violence affects every region in this State - urban,
suburban and rural. Gun buybacks are one tool to get more guns off the
streets. The programs are usually funded by the State or a local munici-
pality (although sometimes the funding comes from a not-for-profit) and
are run by local police departments. Firearms are voluntarily sold to a
police department with no questions asked of the seller.

The firearms in buyback programs are supposed to be destroyed and taken
off the streets. Unfortunately, this is not always the case, as exposed
in the shocking December 10, 2023 report by the New York Times:

https://www.nytimes.com/2023/12/10/usiguns-disposal-recycling.html

Rather than being totally destroyed, these guns have been separated into
usable parts that are then sold without background checks. Some parts
are sold together as a kit, making it even easier for people to have
guns without scrutiny.

This bill would address this situation by requiring proof that the
entire firearm turned in as a gun buyback is destroyed. This would
include all parts of the firearm the barrel, trigger, grip, slide,
stock, and spring. The bill would eliminate the possibility that parts
of the purchased firearm would be sold separately or as a kit.  Inten-
tionally violating this proposed new law is a Class E felony and a
negligent violation is a Class A misdemeanor, which hopefully will deter
people from circumventing the law.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.