senate Bill S2412

2013-2014 Legislative Session

Requires manufacturers to use a coding system on all handgun and assault weapon ammunition

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Archive: Last Bill Status - In Committee


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

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Senate Actions - UPPERCASE
Jan 17, 2013 referred to consumer protection

S2412 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §396-gg, Gen Bus L; add §265.45, Pen L; add §91-h, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3937A
2009-2010: S2741

S2412 - Bill Texts

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Establishes a statewide database to maintain and track coded ammunition; establishes penalties for individuals who violate such provisions; also establishes the ammunition coding system database fund.

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BILL NUMBER:S2412

TITLE OF BILL:
An act
to amend the general business law and the penal law, in relation to
establishing a statewide database to maintain and track coded
ammunition and establishing penalties for individuals who violate such
provisions; and to amend the state finance law, in relation to
establishing the ammunition coding system database fund

PURPOSE:
This legislation would require all manufacturers to use an Ammunition
Coding System (ACS) on all handgun and assault weapon ammunition sold
in New York State: establishes an ACS database containing
manufacturer and vendor registries, funded through an ACS Database
Fund under the control of the State Comptroller and the Department of
Taxation and Finance: and provides penalties for unlawful sale of
uncoded ammunition.

SUMMARY OF PROVISIONS:
Section 1 provides Legislative findings.

Section 2 adds a new Section 396-gg to the General Business Law
charging the Division of Criminal Justice Services with the
responsibility for establishing and maintaining an Ammunition Coding
System database, containing a manufacturer registry and a vendor
registry, to be operational no later than January 1, 2009.

It also restricts access to the registry to key law enforcement
personnel, and only in connection with a criminal investigation, and
establishes a funding stream under a new Section 91-g of the State
Finance Law (see Section 4). It requires any person in possession of
non-coded ammunition to dispose of it no later that January 1, 2010,
and establishes penalties for noncompliance for manufacturers and
vendors.

Section 3 adds a new Section 265.45 to the Penal Law establishing
unlawful sale of uncoded ammunition after in violation of the
provisions of this bill as a Class A misdemeanor.

Section 4 adds a new Section 91-h to the State Finance Law creating
the Ammunition Coding System Database Fund in the joint custody of
the State Comptroller and the Commissioner of Taxation and Finance.
Moneys from the Fund are payable by the State Comptroller on vouchers
approved and certified by the Division of Criminal Justice Services.

Section 5 is the effective date of 90 days after the bill becomes law.

JUSTIFICATION:
According to the United States Department of Justice, there is more
than a 30% chance of never finding the killer in homicides involving
a firearm, and handgun ammunition accounts for about 80 percent of
all ammunition sold in the United States. New York State law requires
gun stores to provide law enforcement with a sample bullet/cartridge
prior to the sale of a handgun so the state may create a digital
image for future gun tracing, known as "ballistic fingerprinting."


Ballistic fingerprinting can match a bullet/cartridge recovered by
police at a crime scene to the gun that fired it. But the state does
not ballistic fingerprint assault rifles, and ballistic
fingerprinting can't identify the millions of guns currently owned.
In addition, if ballistic evidence cannot be quickly linked to a gun
used in a crime, and the gun is not recovered and quickly linked to a
suspect, the chance of arresting the perpetrator is far less likely.
The Ammunition Coding System (ACS) assigns a unique code that is
micro-laser engraved on every factory-produced round of ammunition
manufactured. The code is etched on both the projectile and the
inside of the cartridge casing, with each code common to a single box
of cartridges and unique from all other ammunition sold.
By recording sales records, law enforcement personnel
will be able to easily trace the ammunition involved in a crime and
have an avenue to pursue and solve even the most difficult cases.

LEGISLATIVE HISTORY:
S.3731 Adams Same as Ortiz (MS) A.7300 General Business Law
TITLE:
Requires manufacturers to use a coding system on all handgun and
assault weapon ammunition 03/14/07 Referred to Consumer Protection
01/09/08 Referred to Consumer Protection 2010: S.2741 Held in Codes

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:
Ninety days after the bill becomes law.

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

                                  2412

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law and the penal law, in  relation
  to establishing a statewide database to maintain and track coded ammu-
  nition  and  establishing  penalties  for individuals who violate such
  provisions; and to amend the state finance law, in relation to  estab-
  lishing the ammunition coding system database fund

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The  legislature  hereby  finds  that
each year in the United States more than thirty percent of all homicides
involving  a  gun  go unsolved. Handgun ammunition accounts for approxi-
mately eighty percent of all ammunition sold within the  United  States.
Current technology for matching a bullet used in a crime to the gun that
fired  it has worked moderately well for years, but presupposes that the
weapon was recovered by law enforcement. Ammunition coding is a new  and
effective  way for law enforcement to quickly identify persons of inter-
est in gun crime investigations.
  S 2. The general business law is amended by adding a new section  396-
gg to read as follows:
  S 396-GG. AMMUNITION CODING SYSTEM DATABASE. 1. THE DIVISION OF CRIMI-
NAL  JUSTICE SERVICES IS RESPONSIBLE FOR ESTABLISHING AND MAINTAINING AN
AMMUNITION  CODING  SYSTEM  DATABASE  CONTAINING  INFORMATION  FROM  THE
FOLLOWING:
  A.  THE  MANUFACTURER  REGISTRY. (I) EVERY MANUFACTURER SHALL REGISTER
WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES IN A MANNER PRESCRIBED BY
THE DIVISION, AND SHALL MAINTAIN RECORDS ON THE BUSINESS PREMISES FOR  A
PERIOD  OF  SEVEN  YEARS  CONCERNING  ALL SALES, LOANS, AND TRANSFERS OF
AMMUNITION TO, FROM, OR WITHIN THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06050-02-3

S. 2412                             2

  (II) EVERY MANUFACTURER SHALL CODE ANY  AMMUNITION  FOR  HANDGUNS  AND
ASSAULT  WEAPONS  SOLD OR MANUFACTURED AFTER JANUARY FIRST, TWO THOUSAND
FOURTEEN.
  B. THE VENDOR REGISTRY. EVERY VENDOR OF AMMUNITION SHALL REGISTER WITH
THE  DIVISION OF CRIMINAL JUSTICE SERVICES IN A MANNER PRESCRIBED BY THE
DIVISION, AND  SHALL  RECORD  THE  FOLLOWING  INFORMATION  IN  A  FORMAT
PRESCRIBED BY THE DIVISION:
  (I) THE DATE OF THE TRANSACTION;
  (II) THE NAME OF THE TRANSFEREE;
  (III)  THE  PURCHASER'S  DRIVER'S  LICENSE  NUMBER OR OTHER GOVERNMENT
ISSUED IDENTIFICATION CARD NUMBER;
  (IV) THE DATE OF BIRTH OF THE PURCHASER;
  (V) THE UNIQUE IDENTIFIER OF ALL HANDGUN AMMUNITION OR BULLETS  TRANS-
FERRED; AND
  (VI) ANY OTHER INFORMATION DETERMINED NECESSARY BY THE DIVISION.
  EVERY  VENDOR  SHALL  MAINTAIN  THESE  RECORDS ON THEIR PREMISES FOR A
PERIOD OF AT LEAST THREE YEARS FROM THE DATE OF THE RECORDED PURCHASE.
  2. TO THE GREATEST EXTENT POSSIBLE OR PRACTICAL, THE AMMUNITION CODING
SYSTEM DATABASE SHALL BE BUILT WITHIN THE FRAMEWORK OF EXISTING FIREARMS
DATABASES. THE AMMUNITION CODING SYSTEM DATABASE SHALL BE OPERATIONAL NO
LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN.
  3. PRIVACY OF INDIVIDUALS IS  OF  THE  UTMOST  IMPORTANCE.  ACCESS  TO
INFORMATION IN THE AMMUNITION CODING SYSTEM DATABASE IS RESERVED FOR KEY
LAW  ENFORCEMENT  PERSONNEL AND TO BE RELEASED ONLY IN CONNECTION WITH A
CRIMINAL INVESTIGATION.
  4. THE COST OF MAINTAINING THE DATABASE SHALL BE FUNDED BY THE AMMUNI-
TION CODING SYSTEM DATABASE FUND ESTABLISHED PURSUANT TO  SECTION  NINE-
TY-ONE-H  OF  THE  STATE FINANCE LAW. VENDORS SHALL CHARGE AN ADDITIONAL
$.005 PER BULLET OR ROUND OF AMMUNITION TO THE PURCHASER.   SUCH  MONEYS
SHALL BE DEPOSITED INTO THE FUND.
  5.  ANY  PERSON  IN POSSESSION OF NON-CODED AMMUNITION MUST DISPOSE OF
SUCH AMMUNITION NO LATER THAN JANUARY FIRST, TWO THOUSAND SIXTEEN.
  6. A. ANY  MANUFACTURER  THAT  WILLFULLY  FAILS  TO  COMPLY  WITH  THE
PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO ONE THOU-
SAND  DOLLARS FOR A FIRST OFFENSE; A FINE OF UP TO FIVE THOUSAND DOLLARS
FOR A SECOND OFFENSE; AND A FINE OF UP TO TEN  THOUSAND  DOLLARS  FOR  A
THIRD AND EACH SUBSEQUENT OFFENSE.
  B.  ANY  VENDOR  THAT WILLFULLY FAILS TO COMPLY WITH THE PROVISIONS OF
THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO  ONE  THOUSAND  DOLLARS
FOR  A  FIRST OFFENSE; A FINE OF UP TO TWO THOUSAND DOLLARS FOR A SECOND
OFFENSE; AND A FINE OF UP TO FIVE THOUSAND DOLLARS FOR A THIRD AND  EACH
SUBSEQUENT  OFFENSE.  IN  ADDITION  TO ANY FINE IMPOSED PURSUANT TO THIS
SECTION, A VENDOR MAY BE SUBJECT TO A TERM OF IMPRISONMENT OF LESS  THAN
ONE YEAR FOR EACH VIOLATION.
  7.  FOR  PURPOSES  OF  THIS SECTION, "CODED AMMUNITION" MEANS A BULLET
CARRYING A UNIQUE IDENTIFIER THAT HAS BEEN APPLIED BY ETCHING  ONTO  THE
BASE OF THE BULLET PROJECTILE.
  S  3.  The penal law is amended by adding a new section 265.46 to read
as follows:
S 265.46 UNLAWFUL SALE OR POSSESSION OF UNCODED AMMUNITION.
  A PERSON IS GUILTY OF UNLAWFUL SALE OF UNCODED AMMUNITION WHEN  HE  OR
SHE:
  1.  SELLS  ANY  AMMUNITION THAT HAS NOT BEEN CODED PURSUANT TO SECTION
THREE HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW; OR
  2. POSSESSES ANY AMMUNITION THAT IS UNCODED, OR THE CODE OF WHICH  HAS
BEEN RENDERED UNREADABLE.

S. 2412                             3

  UNLAWFUL  SALE OR POSSESSION OF UNCODED AMMUNITION IS A CLASS A MISDE-
MEANOR.
  S  4. The state finance law is amended by adding a new section 91-h to
read as follows:
  S 91-H. AMMUNITION CODING SYSTEM DATABASE FUND.  1.  THERE  IS  HEREBY
CREATED  IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE, A FUND TO BE KNOWN AS THE AMMUNITION CODING SYSTEM
DATABASE FUND.
  2. THE FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO  SECTION
THREE  HUNDRED  NINETY-SIX-GG  OF THE GENERAL BUSINESS LAW, OR ANY OTHER
MONEY APPROPRIATED TO THE FUND BY LAW.
  3. THE MONEYS OF THE FUND SHALL BE USED TO ESTABLISH AND MAINTAIN  THE
AMMUNITION  CODING  SYSTEM  DATABASE  CREATED  PURSUANT TO SECTION THREE
HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW.
  4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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