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.
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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