The New York State Senate

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

                                  1157

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. SCHIMEL -- Multi-Sponsored by -- M. of A. BENE-
  DETTO, BING, BOYLAND,  CLARK,  COLTON,  COOK,  DINOWITZ,  ENGLEBRIGHT,
  GLICK,  GOTTFRIED,  HEASTIE,  HOOPER,  HOYT, JACOBS, JAFFEE, JEFFRIES,
  KELLNER,  LANCMAN,  LIFTON,  MAISEL,  McENENY,  McKEVITT,   O'DONNELL,
  PAULIN,   PEOPLES-STOKES,   PHEFFER,  ROBINSON,  ROSENTHAL,  SALADINO,
  SAYWARD, TOWNS, 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 2011".
  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
to target illegal firearms trafficking;  that  microstamping  technology

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

                                                           LBD01523-01-1

A. 1157                             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
sold after January 1, 2013 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 THIRTEEN 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 THIRTEEN, 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

A. 1157                             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 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, 2013, 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.

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

                                 1157--A
                                                        Cal. No. 241

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. SCHIMEL, KAVANAGH, P. RIVERA, LAVINE -- Multi-
  Sponsored by -- M. of A.  BENEDETTO,  BING,  BOYLAND,  CLARK,  COLTON,
  COOK,  DINOWITZ, ENGLEBRIGHT, GLICK, GOTTFRIED, HEASTIE, HOOPER, HOYT,
  JACOBS, JAFFEE, JEFFRIES, KELLNER, LANCMAN, LIFTON,  MAISEL,  McENENY,
  McKEVITT, O'DONNELL, PAULIN, PEOPLES-STOKES, PERRY, PHEFFER, ROBINSON,
  ROSENTHAL,  SALADINO,  WEISENBERG  --  read  once  and referred to the
  Committee on Codes -- reported from committee,  advanced  to  a  third
  reading,  amended  and  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 2011".
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01523-02-1

A. 1157--A                          2

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, 2013 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 THIRTEEN 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 THIRTEEN, 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. 1157--A                          3

  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, 2013, 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
later;  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.