Assembly Bill A11322

2017-2018 Legislative Session

Relates to reporting duties of law enforcement with respect to certain seized and recovered firearms and shell casings

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A11322 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.10, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1421
2021-2022: A2329

2017-A11322 (ACTIVE) - Summary

Requires all law enforcement to report information regarding certain firearms to the National Crime Information Center; further requires law enforcement to test-fire seized firearms and submit the resulting ballistics information to the National Integrated Ballistic Identification Network and to also submit to the National Integrated Ballistic Identification Network ballistics information regarding spent shell casings found at crime scenes.

2017-A11322 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11322
 
                           I N  A S S E M B L Y
 
                            September 19, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Simon) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to reporting  duties  of  law
   enforcement  with respect to certain seized and recovered firearms and
   spent shell casings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The section heading of section 400.10 of the penal law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
 Report of theft or loss of  a  firearm,  rifle  or  shotgun;  ADDITIONAL
            REPORTING DUTIES OF LAW ENFORCEMENT.
   §  2.  Subdivision  3 of section 400.10 of the penal law is renumbered
 subdivision 4 and a new subdivision 3 is added to read as follows:
   3. (A) WHENEVER A LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS A FIREARM,
 RIFLE OR SHOTGUN,  THE    AGENCY  SHALL,  WITHIN  TWENTY-FOUR  HOURS  OF
 SEIZURE,  ENTER  THE  MAKE,  MODEL,  CALIBER  AND  SERIAL NUMBER OF SUCH
 FIREARM INTO THE NATIONAL CRIME INFORMATION CENTER TO DETERMINE  WHETHER
 SUCH FIREARM, RIFLE OR SHOTGUN WAS REPORTED STOLEN.
   (B)  WHENEVER  A  LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS A FIREARM,
 RIFLE OR SHOTGUN THAT WAS UNLAWFULLY POSSESSED,  USED  FOR  AN  UNLAWFUL
 PURPOSE,  RECOVERED FROM THE SCENE OF A CRIME, IS REASONABLY BELIEVED TO
 HAVE BEEN USED OR ASSOCIATED WITH THE  COMMISSION  OF  A  CRIME,  OR  IS
 ACQUIRED  BY  THE  AGENCY AS AN ABANDONED OR DISCARDED FIREARM, RIFLE OR
 SHOTGUN, THE AGENCY SHALL, ARRANGE FOR  EVERY  SUCH  FIREARM,  RIFLE  OR
 SHOTGUN  THAT  IS  DETERMINED  TO  BE  SUITABLE  FOR NATIONAL INTEGRATED
 BALLISTICS IDENTIFICATION NETWORK DATA ENTRY AND EXAMINATION TO BE TEST-
 FIRED AS SOON AS MAY BE PRACTICABLE AND THE RESULTS OF  THE  TEST-FIRING
 BE  SUBMITTED  TO  THE  NATIONAL  INTEGRATED  BALLISTICS  IDENTIFICATION
 NETWORK TO DETERMINE WHETHER THE FIREARM, RIFLE OR SHOTGUN IS ASSOCIATED
 OR RELATED TO A CRIME, CRIMINAL EVENT,  OR ANY INDIVIDUAL ASSOCIATED  OR
 RELATED  TO A CRIME OR CRIMINAL EVENT OR REASONABLY BELIEVED TO BE ASSO-
 CIATED OR RELATED TO A CRIME OR CRIMINAL EVENT.
   (C) WHENEVER A LAW ENFORCEMENT AGENCY RECOVERS ANY SPENT SHELL  CASING
 AT A CRIME SCENE OR HAS REASON TO BELIEVE THAT THE RECOVERED SPENT SHELL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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