NY State Assembly Bill A6468C

Archive: Last Bill Status - Passed Assembly

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

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Actions

view actions (21)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2010	3rd reading cal.839 substituted for s6005a
May 12, 2010	referred to codes delivered to senate passed assembly
May 06, 2010	advanced to third reading cal.837
May 03, 2010	reported
Apr 26, 2010	print number 6468c
Apr 26, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Jun 08, 2009	amended on third reading 6468b
Jun 04, 2009	amended on third reading 6468a
Jun 04, 2009	vote reconsidered - restored to third reading
Jun 03, 2009	returned to assembly recalled from senate
Apr 28, 2009	referred to codes delivered to senate passed assembly
Apr 23, 2009	advanced to third reading cal.402
Apr 21, 2009	reported
Mar 04, 2009	referred to codes

Bill Amendments

Original

C (Active)

Original

C (Active)

A6468 - Details

See Senate Version of this Bill:: S6005
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1157, S675
2013-2014: A3244, S68
2015-2016: A6192, S1113
2017-2018: A5826, S470
2019-2020: A1251, S2277
2021-2022: A7926, S4116

A6468 - 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.

A6468 - Bill Text download pdf

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

                                  6468

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 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, AUBRY, GREENE, ALFANO -- Multi-Sponsored by -- M. of
  A.  BING,  COLTON,  COOK,  DIAZ,  GLICK,  GOTTFRIED,  HEASTIE, HOOPER,
  JACOBS, JEFFRIES, MAISEL, McENENY, McKEVITT, PEOPLES, PHEFFER,  ROBIN-
  SON,  SALADINO,  SCARBOROUGH,  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. Short title. This act shall be known and may  be  cited  as
the "crime gun identification act of 2009".
  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  an  evolutionary 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02827-04-9

A. 6468                             2

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
manufactured or sold after January 1, 2011 to be microstamp-ready.
  S 3. Section 265.00 of the penal law is amended  by  adding  four  new
subdivisions 24, 25, 26 and 27 to read as follows:
  24. "FIREARMS DEALER" SHALL MEAN A PERSON OR ORGANIZATION POSSESSING A
DEALER'S  LICENSE  TO  SELL  FIREARMS  AT  WHOLESALE OR AT RETAIL ISSUED
PURSUANT TO THE PROVISIONS OF SECTION 400.00 OF THE PENAL LAW OR  ISSUED
UNDER FEDERAL LAW.
  25.  "MANUFACTURER"  SHALL  MEAN ANY PERSON, CORPORATION, PARTNERSHIP,
FIRM, OR OTHER LEGAL ENTITY IN BUSINESS TO  MANUFACTURE  OR  ASSEMBLE  A
FIREARM, FOR SALE OR DISTRIBUTION.
  26. "MICROSTAMP-READY" SHALL MEAN A SEMIAUTOMATIC PISTOL THAT IS MANU-
FACTURED 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.
  27. "SEMIAUTOMATIC PISTOL" SHALL MEAN A PISTOL CAPABLE OF UTILIZING  A
PORTION  OF  THE  ENERGY  OF  A  FIRING  CARTRIDGE  TO EXTRACT THE FIRED
CARTRIDGE CASE AND  AUTOMATICALLY  CHAMBER  THE  NEXT  ROUND,  AND  THAT
REQUIRES A SEPARATE PULL OF THE TRIGGER TO FIRE EACH SUCCESSIVE ROUND.
  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. 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  5.  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
SECTION  265.38  OF  THIS  ARTICLE  SHALL CONSTITUTE A VIOLATION OF THIS
SUBDIVISION.
  S 6. 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. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, BEGINNING ON
JANUARY  FIRST,  TWO  THOUSAND  ELEVEN,  A SEMIAUTOMATIC PISTOL SHALL BE
MICROSTAMP-READY IF IT IS:
  (A) MANUFACTURED IN NEW YORK STATE;
  (B) MANUFACTURED ON OR AFTER JANUARY FIRST, TWO  THOUSAND  ELEVEN  AND
DELIVERED  OR  CAUSED  TO  BE  DELIVERED BY ANY MANUFACTURER OR FIREARMS
DEALER TO A FIREARMS DEALER IN NEW YORK STATE; OR
  (C) MANUFACTURED ON OR AFTER JANUARY FIRST, TWO  THOUSAND  ELEVEN  AND
SOLD,  OFFERED  FOR  SALE,  LOANED,  GIVEN, OR TRANSFERRED BY A FIREARMS
DEALER IN NEW YORK STATE.
  2. (A) A SEMIAUTOMATIC PISTOL MANUFACTURED AFTER  JANUARY  FIRST,  TWO
THOUSAND  ELEVEN  THAT  IS  NOT  MICROSTAMP-READY  AND THAT WAS LAWFULLY
ACQUIRED OUTSIDE OF NEW YORK STATE BY A NON-DEALER WHO WAS NOT  A  RESI-
DENT  OF  NEW YORK STATE AT THE TIME OF ACQUISITION BUT WHO SUBSEQUENTLY
MOVED TO NEW YORK STATE MAY BE POSSESSED, SOLD,  TRANSFERRED,  OR  GIVEN
AWAY.  IN  SUCH INSTANCE THE PISTOL SHALL BE SOLD, TRANSFERRED, OR GIVEN

A. 6468                             3

AWAY ONLY TO A FIREARMS DEALER WHO SUBSEQUENTLY CAN ONLY SELL, TRANSFER,
OR GIVE AWAY SUCH PISTOL TO A FIREARMS DEALER OUTSIDE OF NEW YORK STATE.
  (B)  IF A FIREARMS DEALER LAWFULLY ACQUIRES A MICROSTAMP-READY SEMIAU-
TOMATIC PISTOL THAT WAS ORIGINALLY PURCHASED BY A NON-DEALER RESIDENT OF
NEW YORK STATE THE FIREARMS DEALER SHALL NOT SELL, OFFER FOR SALE, LOAN,
GIVE, OR TRANSFER THAT PISTOL IF HE OR SHE KNOWS  THAT  THE  PISTOL  HAS
BEEN DEFACED AS PRESCRIBED IN SUBDIVISION THREE OF THIS SECTION.
  3.  (A)  EXCEPT  AS  PROVIDED  IN PARAGRAPH (B) OF THIS SUBDIVISION NO
PERSON SHALL INTENTIONALLY DEFACE OR ALTER A MICROSTAMP-READY  SEMIAUTO-
MATIC  PISTOL  OR  A PORTION OF THE PISTOL FOR THE PURPOSE OF PREVENTING
LAW ENFORCEMENT FROM IDENTIFYING THE UNIQUE ALPHA-NUMERIC  OR  GEOMETRIC
CODE ASSOCIATED WITH THAT PISTOL.
  (B)  REPLACING A FIRING PIN THAT HAS BEEN DAMAGED OR OTHERWISE IN NEED
OF REPLACEMENT FOR THE SAFE USE OF THE SEMIAUTOMATIC  PISTOL  OR  FOR  A
LEGITIMATE SPORTING PURPOSE SHALL NOT ALONE BE EVIDENCE THAT SOMEONE HAS
VIOLATED THIS SUBDIVISION.
  4.  BEGINNING  JANUARY  FIRST,  TWO THOUSAND ELEVEN, A MANUFACTURER OR
FIREARMS DEALER THAT DELIVERS A SEMIAUTOMATIC PISTOL, OR CAUSES A  SEMI-
AUTOMATIC  PISTOL  TO BE DELIVERED, TO A FIREARMS DEALER FOR SALE IN NEW
YORK STATE SHALL CERTIFY WHETHER THE PISTOL WAS MANUFACTURED ON OR AFTER
JANUARY FIRST, TWO THOUSAND ELEVEN AND, IF IT WAS, THAT:
  (A) THE SEMIAUTOMATIC PISTOL WILL PRODUCE A UNIQUE ALPHA-NUMERIC  CODE
OR  A  GEOMETRIC  CODE  ON EACH CARTRIDGE CASE THAT IDENTIFIES THE MAKE,
MODEL, AND SERIAL NUMBER OF THE SEMIAUTOMATIC PISTOL THAT  EXPENDED  THE
CARTRIDGE CASING; AND
  (B)  THE  MANUFACTURER  WILL  SUPPLY  THE  SUPERINTENDENT OF THE STATE
POLICE WITH THE MAKE, MODEL, AND  SERIAL  NUMBER  OF  THE  SEMIAUTOMATIC
PISTOL  THAT  EXPENDED  THE  CARTRIDGE  CASE,  WHEN  PRESENTED  WITH  AN
ALPHA-NUMERIC OR GEOMETRIC CODE FROM A CARTRIDGE  CASE;  PROVIDED,  THAT
THE CARTRIDGE CASE WAS RECOVERED AS PART OF A LEGITIMATE LAW ENFORCEMENT
INVESTIGATION.
  5.  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.
  6. (A) ANY MANUFACTURER OR FIREARMS DEALER WHO INTENTIONALLY FAILS  TO
COMPLY  WITH SUBDIVISION ONE OF THIS SECTION BY DELIVERING OR CAUSING TO
BE DELIVERED ANY SEMIAUTOMATIC PISTOL MANUFACTURED ON OR  AFTER  JANUARY
FIRST, TWO THOUSAND ELEVEN THAT IS NOT MICROSTAMP-READY;
  (B)  ANY FIREARMS DEALER WHO INTENTIONALLY FAILS TO COMPLY WITH SUBDI-
VISION ONE OF THIS SECTION BY SELLING ANY SEMIAUTOMATIC PISTOL  MANUFAC-
TURED ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN THAT IS NOT MICROS-
TAMP-READY; OR
  (C)  ANY  PERSON  WHO  INTENTIONALLY  FAILS TO COMPLY WITH SUBDIVISION
THREE OF THIS SECTION BY DEFACING OR ALTERING ANY MICROSTAMP-READY SEMI-
AUTOMATIC PISTOL THAT WAS MANUFACTURED ON OR AFTER  JANUARY  FIRST,  TWO
THOUSAND ELEVEN,
SHALL  BE  SUBJECT  TO  A  FINE  OF  UP TO ONE THOUSAND DOLLARS FOR EACH
VIOLATION. IN ADDITION TO ANY FINE IMPOSED PURSUANT TO THIS  SECTION,  A
TERM  OF  IMPRISONMENT  OF  UP  TO  ONE  YEAR  MAY  BE  IMPOSED FOR EACH
VIOLATION.
  S 7. This act shall take effect January 1, 2011; provided, that:

A. 6468                             4

  (a) the superintendent of the state  police  has  received  a  written
notice  from a microstamp job shop that is willing to produce the micro-
stamp structures on two internal surfaces of a semiautomatic pistol such
that the pistol is microstamp-ready for a price  of  twelve  dollars  or
less at a production level of one thousand firearms per a batch; and
  (b)  effective  immediately,  the  superintendent  of the state police
shall issue rules and regulations necessary for  the  implementation  of
this act on its effective date.

A6468A - Details

See Senate Version of this Bill:: S6005
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1157, S675
2013-2014: A3244, S68
2015-2016: A6192, S1113
2017-2018: A5826, S470
2019-2020: A1251, S2277
2021-2022: A7926, S4116

A6468A - 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.

A6468A - Sponsor Memo

BILL NUMBER:A6468A

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 1st, 2011 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 be used to 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 2009."

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  "micros  tamp-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  defac-
ing  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 semiautomat-
ic 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 Janu-
ary 1, 2011 by a dealer in firearms to any person other than a dealer in
firearms,  unless  such pistol is micro-stamp ready and (3) any manufac-
turer or wholesale dealer from delivering a semiautomatic  pistol  manu-
factured  after  January 1, 2011 to any person in this state, unless the
pistol is certified by the manufacturer as micro-stamp ready in  accord-
ance  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  misde-
meanor. Section 265.39 provides dealers in firearms charged under subdi-
vision  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-auto-

matic pistol manufactured after January 1, 2011, 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 265.16 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 20 07, "mandating manufac-
turer  "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: 2008: A. 9819-A

FISCAL  IMPLICATIONS:  This legislation will not impose new costs on the
state of New York. No new database is required. The certification  proc-
ess  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 I st,  2011,  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. The division of state police is authorized to promul-
gate necessary rules and regulations upon passage of the act.

A6468A - Bill Text download pdf

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

                                 6468--A
                                                        Cal. No. 402

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 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,  AUBRY,  ALFANO  --  Multi-Sponsored by -- M. of A.
  BING,  COLTON,  COOK,  GLICK,  GOTTFRIED,  HEASTIE,  HOOPER,   JACOBS,
  JEFFRIES,  MAISEL,  McENENY, McKEVITT, NOLAN, PEOPLES, PHEFFER, ROBIN-
  SON,  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

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 2009".
  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 an evolutionary 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

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

                                                           LBD02827-10-9

A. 6468--A                          2

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
manufactured or sold after January 1, 2011 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 PERSON, ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, TO
MANUFACTURE OR CAUSE TO BE MANUFACTURED IN THIS  STATE  A  SEMIAUTOMATIC
PISTOL, UNLESS SUCH PISTOL IS MICROSTAMP-READY;
  2.  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 ELEVEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS,  UNLESS  SUCH
PISTOL IS MICROSTAMP-READY; OR
  3.  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 ELEVEN, UNLESS THE MANUFACTURER
CERTIFIES TO SUCH PERSON AT THE TIME OF  SUCH  DELIVERY,  IN  ACCORDANCE
WITH  RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE,

A. 6468--A                          3

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 TWO 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 THREE 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 added 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 SOLE DEFACEMENT ALLEGED
CONSISTS OF DEFACING A MICROSTAMPING  COMPONENT  OR  MECHANISM  OF  SUCH
PISTOL.
  S  7. This act shall take effect January 1, 2011, 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.

Co-Sponsors

Multi-Sponsors

A6468B - Details

See Senate Version of this Bill:: S6005
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1157, S675
2013-2014: A3244, S68
2015-2016: A6192, S1113
2017-2018: A5826, S470
2019-2020: A1251, S2277
2021-2022: A7926, S4116

A6468B - 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.

A6468B - Sponsor Memo

BILL NUMBER:A6468B

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 1st, 2011 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 be used to 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 2009."

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  defac-
ing  a  firearm  includes the defacement of a microstamping 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 semiautomat-
ic 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 manu-
factured after January 1, 2011 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 semiauto-
matic  pistol  manufactured  after January 1, 2011 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  divi-
sion  of state police. A violation of Section 265.38 is a class B misde-
meanor; 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,  2011,

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 265.16 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 allow-
ing them to trace  firearms  through  cartridge  cases  found  at  crime
scenes.

Microstamping represents a significant advancement over existing ballis-
tic  identification  technology. Because the technology of microstamping
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  manufac-
turer  "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: 2008: A. 9819-A Passed Assembly

FISCAL  IMPLICATIONS:  This legislation will not impose new costs on the
state of New York. No new database is required. The certification  proc-
ess  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 1st, 2011, 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. The division of state police is authorized to promul-
gate necessary rules and regulations upon passage of the act.

A6468B - Bill Text download pdf

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

                                 6468--B
                                                        Cal. No. 402

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 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,  AUBRY,  ALFANO  --  Multi-Sponsored by -- M. of A.
  BING,  COLTON,  COOK,  GLICK,  GOTTFRIED,  HEASTIE,  HOOPER,   JACOBS,
  JEFFRIES,  MAISEL,  McENENY, McKEVITT, NOLAN, PEOPLES, PHEFFER, ROBIN-
  SON,  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

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 2009".
  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

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

                                                           LBD02827-12-9

A. 6468--B                          2

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, 2011 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  ELEVEN  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 ELEVEN, UNLESS THE  MANUFACTURER
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

A. 6468--B                          3

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  added  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, 2011, 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.

Co-Sponsors

Multi-Sponsors

A6468C (ACTIVE) - Details

See Senate Version of this Bill:: S6005
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1157, S675
2013-2014: A3244, S68
2015-2016: A6192, S1113
2017-2018: A5826, S470
2019-2020: A1251, S2277
2021-2022: A7926, S4116

A6468C (ACTIVE) - 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.

A6468C (ACTIVE) - Sponsor Memo

BILL NUMBER:A6468C

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,
2012 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 be used to 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 Identifi-
cation Act of 2010."

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 defac-

ing 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 micros tamping component or mechanism of such pistol
has been defaced. Section 6 expressly excludes from defacing a semiauto-
matic pistol (1) modifications made to such pistol to render it micros-
tamp-ready, or (2) replacing a firing pin of a micro-stamp ready semiau-
tomatic 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 manu-
factured after January 1, 2011 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 semiau-
tomatic pistol manufactured after January 1, 2012 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 divi-
sion of state police. A violation of Section 265.38 is a class B misde-
meanor; 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, 2012,
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 265.16 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 micros tamping 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 ballis-
tic identification technology. Because the technology of microstamping
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 manufac-
turer "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:
2008: A.9819-A Passed Assembly

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, 2012, 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.
The division of state police is authorized to promulgate necessary rules
and regulations upon passage of the act.

A6468C (ACTIVE) - Bill Text download pdf

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

                                 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.

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The New York State Senate

assembly Bill A6468C

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assembly Bill A6468C

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Amy Paulin

Michael Benedetto

Jeffrey Dinowitz

Rory Lancman

Sam Hoyt

Barbara Clark

"William Boyland

Ellen C. Jaffee

Micah Kellner

Ann-Margaret Carrozza

Alec Brook-Krasny

Linda Rosenthal

Daniel O'Donnell

Marc Alessi

Adriano Espaillat

Charles Lavine

Brian Kavanagh

Barbara Lifton

Jeffrion Aubry

Thomas Alfano

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Jonathan Bing

William Colton

Vivian Cook

Deborah Glick

Richard Gottfried

Carl Heastie

Earlene Hooper

Rhoda Jacobs

Hakeem Jeffries

Alan Maisel

John McEneny

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Steven Englebright

Amy Paulin

Michael Benedetto

Jeffrey Dinowitz

Rory Lancman

Sam Hoyt

Barbara Clark

"William Boyland

Ellen C. Jaffee

Micah Kellner

Ann-Margaret Carrozza

Alec Brook-Krasny

Linda Rosenthal

Daniel O'Donnell

Marc Alessi

Adriano Espaillat

Charles Lavine

Brian Kavanagh

Barbara Lifton

Jeffrion Aubry

Thomas Alfano

Michael DenDekker

David Weprin

Multi-Sponsors

Jonathan Bing

Karim Camara