S T A T E O F N E W Y O R K
________________________________________________________________________
8466
2015-2016 Regular Sessions
I N A S S E M B L Y
October 9, 2015
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Introduced by M. of A. ORTIZ, BENEDETTO, DINOWITZ, CLARK, HOOPER,
PEOPLES-STOKES, KAVANAGH -- Multi-Sponsored by -- M. of A. GOTTFRIED,
LAVINE, MARKEY, O'DONNELL -- read once and referred to the Committee
on Codes
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.
LBD04653-01-5
A. 8466 2
(II) EVERY MANUFACTURER SHALL CODE ANY AMMUNITION FOR HANDGUNS AND
ASSAULT WEAPONS SOLD OR MANUFACTURED AFTER JANUARY FIRST, TWO THOUSAND
SIXTEEN.
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 SEVENTEEN.
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-E 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 EIGHTEEN.
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 265.50 to read
as follows:
S 265.50 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.
A. 8466 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-e to
read as follows:
S 91-E. 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.