The New York State Senate

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

                                 5826--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2017
                               ___________

Introduced by M. of A. JAFFEE, ENGLEBRIGHT, L. ROSENTHAL, TITONE, SIMON,
  DAVILA, ORTIZ, HARRIS, WEPRIN, STECK -- Multi-Sponsored by -- M. of A.
  DE LA ROSA  --  read  once  and  referred to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with Assembly Rule
  3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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 2018".
  § 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

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

                                                           LBD00042-04-8

A. 5826--A                          2

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, 2020 to be microstamp-ready.
  §  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.
  § 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.
  § 5. The penal law is amended by adding two new  sections  265.38  and
265.39 to read as follows:
§ 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 TWENTY 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 TWENTY, 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.
§ 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.

A. 5826--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.
  § 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.
  § 7. This act shall take effect January 1, 2020, 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.