S T A T E O F N E W Y O R K
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6468--C
2009-2010 Regular Sessions
I N A S S E M B L Y
March 4, 2009
___________
Introduced by M. of A. SCHIMEL, ENGLEBRIGHT, PAULIN, BENEDETTO, DINOW-
ITZ, LANCMAN, HOYT, CLARK, BOYLAND, JAFFEE, KELLNER, CARROZZA, BROOK-
KRASNY, ROSENTHAL, O'DONNELL, ALESSI, ESPAILLAT, LAVINE, KAVANAGH,
LIFTON, AUBRY, ALFANO -- Multi-Sponsored by -- M. of A. BING, COLTON,
COOK, GLICK, GOTTFRIED, HEASTIE, HOOPER, JACOBS, JEFFRIES, MAISEL,
McENENY, McKEVITT, NOLAN, PEOPLES-STOKES, PHEFFER, ROBINSON, SALADINO,
SCARBOROUGH, TOWNS, WEISENBERG -- read once and referred to the
Committee on Codes -- passed by Assembly and delivered to the Senate,
recalled from the Senate, vote reconsidered, bill amended, ordered
reprinted, retaining its place on the order of third reading -- passed
by Assembly and delivered to the Senate, recalled from the Senate,
vote reconsidered, bill amended, ordered reprinted, retaining its
place on the order of third reading -- reported and referred 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 2010".
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02827-16-0
A. 6468--C 2
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
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, 2012 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 TWELVE 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 TWELVE, UNLESS THE MANUFACTURER
CERTIFIES TO SUCH PERSON AT THE TIME OF SUCH DELIVERY, IN ACCORDANCE
A. 6468--C 3
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 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, 2012, 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
first; 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.