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

                                  5625

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced by M. of A. MOSLEY -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  general  business law, in relation to a firearm
  ballistic identification databank

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

  Section 1. The general business law is amended by adding a new section
396-ff to read as follows:
  S  396-FF.  FIREARM  BALLISTIC  IDENTIFICATION  DATABANK.  (1) FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
MEANINGS:
  (A)  "MANUFACTURER" MEANS ANY PERSON, FIRM OR CORPORATION POSSESSING A
VALID FEDERAL LICENSE THAT PERMITS SUCH PERSON, FIRM OR  CORPORATION  TO
ENGAGE  IN THE BUSINESS OF MANUFACTURING FIREARMS OR AMMUNITION THEREFOR
FOR THE PURPOSE OF SALE OR DISTRIBUTION.
  (B) "SHELL CASING" MEANS THAT PART OF AMMUNITION CAPABLE OF BEING USED
IN A FIREARM THAT CONTAINS THE PRIMER AND PROPELLANT POWDER TO DISCHARGE
THE BULLET OR PROJECTILE.
  (C) "FIREARM" MEANS A PISTOL, REVOLVER, OR ASSAULT WEAPON  AS  DEFINED
IN  SECTION 265.00 OF THE PENAL LAW, RIFLE, OR OTHER LONG-BARRELED WEAP-
ON.
  (2) ANY MANUFACTURER THAT SHIPS, TRANSPORTS OR DELIVERS A  FIREARM  TO
ANY PERSON IN THIS STATE SHALL, IN ACCORDANCE WITH RULES AND REGULATIONS
PROMULGATED  BY  THE  DIVISION OF STATE POLICE, INCLUDE IN THE CONTAINER
WITH SUCH FIREARM A SEPARATE SEALED CONTAINER THAT ENCLOSES:
  (A) A SHELL CASING OF A BULLET  OR  PROJECTILE  DISCHARGED  FROM  SUCH
FIREARM; AND
  (B)  ANY ADDITIONAL INFORMATION THAT IDENTIFIES SUCH FIREARM AND SHELL
CASING AS REQUIRED BY SUCH RULES AND REGULATIONS.
  (3) A GUNSMITH OR DEALER IN FIREARMS LICENSED  IN  THIS  STATE  SHALL,
WITHIN  TEN  DAYS OF THE RECEIPT OF ANY FIREARM FROM A MANUFACTURER THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06477-01-5
              

A. 5625                             2

FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION, EITHER  (A)  RETURN
SUCH  FIREARM  TO SUCH MANUFACTURER, OR (B) NOTIFY THE DIVISION OF STATE
POLICE OF SUCH NONCOMPLIANCE AND THEREAFTER OBTAIN A  SUBSTITUTE  SEALED
CONTAINER  THROUGH  PARTICIPATION  IN  A  PROGRAM  OPERATED BY THE STATE
POLICE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
  (4) THE DIVISION OF STATE POLICE SHALL NO LATER  THAN  OCTOBER  FIRST,
TWO THOUSAND SIXTEEN, PROMULGATE RULES AND REGULATIONS FOR THE OPERATION
OF  A PROGRAM WHICH PROVIDES A GUNSMITH OR A DEALER IN FIREARMS LICENSED
IN THIS STATE WITH A SEALED CONTAINER ENCLOSING THE ITEMS  SPECIFIED  IN
SUBDIVISION TWO OF THIS SECTION. THE PROGRAM SHALL AT A MINIMUM:
  (A) BE OPERATIONAL BY JANUARY FIRST, TWO THOUSAND SEVENTEEN;
  (B) OPERATE IN AT LEAST FIVE REGIONAL LOCATIONS WITHIN THE STATE; AND
  (C)  SPECIFY PROCEDURES BY WHICH SUCH GUNSMITH OR DEALER IS TO DELIVER
A FIREARM TO THE REGIONAL PROGRAM LOCATION CLOSEST TO HIS OR  HER  PLACE
OF BUSINESS FOR TESTING AND PROMPT RETURN OF SUCH FIREARM.
  (5)  A  GUNSMITH  OR  DEALER IN FIREARMS LICENSED IN THIS STATE SHALL,
WITHIN TEN DAYS OF DELIVERING TO ANY PERSON A FIREARM RECEIVED  BY  SUCH
GUNSMITH OR DEALER IN FIREARMS, FORWARD TO THE DIVISION OF STATE POLICE,
ALONG  WITH  THE  ORIGINAL  TRANSACTION  REPORT  REQUIRED BY SUBDIVISION
TWELVE OF SECTION 400.00 OF THE PENAL LAW, THE SEALED CONTAINER  ENCLOS-
ING  THE  SHELL  CASING  FROM  SUCH FIREARM EITHER (A) RECEIVED FROM THE
MANUFACTURER, OR (B) OBTAINED THROUGH PARTICIPATION IN THE PROGRAM OPER-
ATED BY THE DIVISION OF STATE POLICE IN ACCORDANCE WITH SUBDIVISION FOUR
OF THIS SECTION.
  (6) UPON RECEIPT OF THE SEALED CONTAINER, THE DIVISION OF STATE POLICE
SHALL CAUSE TO BE ENTERED IN AN AUTOMATED ELECTRONIC DATABANK  PERTINENT
DATA  AND  OTHER BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE
SHELL CASING AND TO THE FIREARM FROM WHICH IT WAS DISCHARGED.  THE AUTO-
MATED ELECTRONIC DATABANK WILL BE OPERATED AND MAINTAINED BY  THE  DIVI-
SION  OF  STATE  POLICE,  IN  ACCORDANCE  WITH ITS RULES AND REGULATIONS
ADOPTED AFTER CONSULTATION WITH THE FEDERAL BUREAU OF INVESTIGATION  AND
THE  UNITED  STATES  DEPARTMENT  OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES TO ENSURE COMPATIBILITY WITH NATIONAL  BALLISTIC
TECHNOLOGY.
  (7)  ANY PERSON, FIRM OR CORPORATION WHO KNOWINGLY VIOLATES ANY OF THE
PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE AS
PROVIDED IN THE PENAL LAW. ANY PERSON, FIRM OR CORPORATION WHO KNOWINGLY
VIOLATES ANY OF THE PROVISIONS OF THIS SECTION AFTER HAVING BEEN  PREVI-
OUSLY  CONVICTED  OF  A  VIOLATION  OF THIS SECTION SHALL BE GUILTY OF A
CLASS A MISDEMEANOR, PUNISHABLE AS PROVIDED IN THE PENAL LAW.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.