senate Bill S68A

2013-2014 Legislative Session

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping 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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 print number 68a
amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S68 - Bill Details

See Assembly Version of this Bill:
A3244A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S675C, A1157B
2009-2010: S6005A, A6468C

S68 - Bill Texts

view 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 and provides for an affirmative defense if the dealer had a certification from the manufacturer.

view sponsor memo
BILL NUMBER:S68

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, 2015 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 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 2013."

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
defacing 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 semiautomatic 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 manufactured after January 1, 2015 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 semiautomatic pistol manufactured after January 1, 2015
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 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 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 1,2015, 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 265.15 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 to their original purchasers through
cartridge cases found at crime scenes.

Microstamping represents a significant advancement over existing
ballistic identification technology. Because the technology of
microstamping imprints 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
manufacturer "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:
2011-12: S.675-C
2009: S.4397-A Referred to Codes
2008: S.8541 Referred to Rules

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, 2015, 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, whichever occurs later. The division of state police is


authorized to promulgate necessary rules and regulations upon passage
of the act.

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

                                   68

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed 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 2013".
  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01084-02-3

S. 68                               2

legislative action is necessary to require all new semiautomatic pistols
sold after January 1, 2015 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 CHAP-
TER  WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR DELIVERS
A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR  MECH-
ANISM  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  MISDE-
MEANOR.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  DEFACING A SEMIAUTOMATIC
PISTOL DOES NOT INCLUDE (1) MODIFYING A SEMIAUTOMATIC PISTOL  TO  RENDER
IT  MICROSTAMP-READY  IN  ACCORDANCE  WITH THE PROVISIONS OF SUBDIVISION
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  FIFTEEN 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 FIFTEEN, 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
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.

S. 68                               3

  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  SEMIAUTOMATIC  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, 2015, 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.

Co-Sponsors

S68A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3244A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S675C, A1157B
2009-2010: S6005A, A6468C

S68A (ACTIVE) - Bill Texts

view 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 and provides for an affirmative defense if the dealer had a certification from the manufacturer.

view sponsor memo
BILL NUMBER:S68A

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 or delivered to any
licensed dealer in the state on or after January 1, 2016 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
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 2014."

Section 2 of the bill contains the Legislative Findings and Intent.

Section 3 of the bill adds two new subdivisions 26 and 27 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
defacing 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 semiautomatic 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
manufactured after January 1, 2016 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 semiautomatic pistol manufactured after January 1, 2016
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 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 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, 2016, 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 265.15 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 to their original purchasers through
cartridge cases found at crime scenes.

Microstamping represents a significant advancement over existing
ballistic identification technology. Because the technology of
rnicrostamping imprints 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
manufacturer "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:

2011-12: S.675-C
2009: S.4397 - A Referred to Codes
2008: S.8541 Referred to Rules

FISCAL IMPLICATIONS:

This legislation will not impose new costs on the State of New York.
No new database is requited; 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, 2016, 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, whichever occurs later. The division of state police is
authorized to promulgate necessary rules and regulations upon passage
of the act.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  68--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERALTA,  AVELLA, ESPAILLAT, HOYLMAN, SQUADRON --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Codes  -- recommitted to the Committee on Codes in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 2014".
  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
continues to  produce  identifiable  markings  onto  expended  cartridge

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01084-03-4

S. 68--A                            2

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, 2016 to be microstamp-ready.
  S  3.  Section  265.00  of  the penal law is amended by adding two new
subdivisions 26 and 27 to read as follows:
  26. "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.
  27. "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, is guilty of a class D
felony.
  (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
TER  WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR DELIVERS
A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR  MECH-
ANISM  OF SUCH PISTOL HAS BEEN DEFACED, IS GUILTY OF A CLASS A MISDEMEA-
NOR. FOR PURPOSES OF THIS SUBDIVISION, DEFACING A  SEMIAUTOMATIC  PISTOL
DOES  NOT  INCLUDE  (1)  MODIFYING  A  SEMIAUTOMATIC PISTOL TO RENDER IT
MICROSTAMP-READY 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 SIXTEEN 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 SIXTEEN, 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
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.

S. 68--A                            3

  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  SEMIAUTOMATIC  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, 2016, 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  as defined in subdivision 26 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.

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