S T A T E O F N E W Y O R K
________________________________________________________________________
3668
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. SCHIMEL, ENGLEBRIGHT, EDDINGTON, PAULIN, BENEDET-
TO, DINOWITZ, LANCMAN, HOYT, CLARK, BOYLAND, JAFFEE, KELLNER, CARROZ-
ZA, BROOK-KRASNY, ROSENTHAL, O'DONNELL, ALESSI, ESPAILLAT, LAVINE,
KAVANAGH, LIFTON, ALFANO -- Multi-Sponsored by -- M. of A. BING,
COLTON, COOK, DIAZ, GLICK, GOTTFRIED, HOOPER, JACOBS, JEFFRIES,
MAISEL, McENENY, McKEVITT, PEOPLES, PHEFFER, ROBINSON, SALADINO, SCAR-
BOROUGH, WEISENBERG -- read once and referred 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:
Section 1. Section 265.00 of the penal law is amended by adding a new
subdivision 21-a to read as follows:
21-A. "SEMIAUTOMATIC PISTOL" MEANS ANY PISTOL THAT IS CAPABLE OF
UTILIZING A PORTION OF THE ENERGY OF A FIRING CARTRIDGE TO EXTRACT THE
FIRED CARTRIDGE CASE AND CHAMBER THE NEXT ROUND, AND REQUIRING A SEPA-
RATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE.
S 2. 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. Any person who wilfully defaces any machine-gun, large capacity
ammunition feeding device or firearm is guilty of a class D felony.
PROVIDED, HOWEVER, NO ACTION TAKEN IN AN EFFORT TO COMPLY WITH SECTION
265.38 OF THIS ARTICLE SHALL CONSTITUTE A VIOLATION OF THIS SUBDIVISION.
S 3. 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, NO ACTION TAKEN IN AN EFFORT TO COMPLY WITH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02827-02-9
A. 3668 2
SECTION 265.38 OF THIS ARTICLE SHALL CONSTITUTE A VIOLATION OF THIS
SUBDIVISION.
S 4. The penal law is amended by adding a new section 265.38 to read
as follows:
S 265.38 MICROSTAMPING CAPABILITY OF SEMIAUTOMATIC PISTOLS REQUIRED.
1. ALL SEMIAUTOMATIC PISTOLS MANUFACTURED IN THIS STATE SHALL BE CAPA-
BLE OF MICROSTAMPING AMMUNITION.
2. ALL SEMIAUTOMATIC PISTOLS DELIVERED TO ANY DEALER IN FIREARMS IN
THIS STATE SHALL BE CAPABLE OF MICROSTAMPING AMMUNITION.
3. ALL SEMIAUTOMATIC PISTOLS RECEIVED BY ANY DEALER IN FIREARMS IN
THIS STATE SHALL BE CAPABLE OF MICROSTAMPING AMMUNITION.
4. FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION, A SEMIAUTOMATIC
PISTOL IS CAPABLE OF MICROSTAMPING AMMUNITION IF:
(A) A MICROSCOPIC ARRAY OF CHARACTERS THAT IDENTIFY THE MAKE, MODEL
AND SERIAL NUMBER OF THE SEMIAUTOMATIC PISTOL IS ETCHED INTO THE FIRING
PIN AND THE BREECH FACE OF THE SEMIAUTOMATIC PISTOL; AND
(B) WHEN AMMUNITION IS FIRED FROM THE SEMIAUTOMATIC PISTOL, THE CHAR-
ACTERS ARE COPIED FROM THE FIRING PIN AND THE BREECH FACE ONTO THE
CARTRIDGE CASE OF THE AMMUNITION.
5. SUBDIVISION ONE OF THIS SECTION SHALL APPLY ONLY TO SEMIAUTOMATIC
PISTOLS WHICH:
(A) ARE MANUFACTURED OR IMPORTED INTO THE STATE ON OR AFTER JANUARY
FIRST, TWO THOUSAND ELEVEN; AND
(B) HAVE NOT BEEN TRANSFERRED TO A PERSON NOT LICENSED AS A DEALER
PURSUANT TO THIS CHAPTER.
6. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION SHALL BE
FINED AN AMOUNT EQUAL TO:
(A) ONE THOUSAND DOLLARS MULTIPLIED BY THE NUMBER OF SEMIAUTOMATIC
PISTOLS INVOLVED IN THE VIOLATION FOR A FIRST OFFENSE;
(B) TWO THOUSAND DOLLARS MULTIPLIED BY THE NUMBER OF SEMIAUTOMATIC
PISTOLS INVOLVED IN THE VIOLATION FOR A SECOND OFFENSE; AND
(C) THREE THOUSAND DOLLARS MULTIPLIED BY THE NUMBER OF SEMIAUTOMATIC
PISTOLS INVOLVED IN THE VIOLATION FOR A THIRD OFFENSE OR ANY SUBSEQUENT
OFFENSE.
S 5. This act shall take effect January 1, 2011.