Assembly Bill A7903

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7903
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2017
                                ___________
 
 Introduced by M. of A. GJONAJ -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law and the state finance law, in relation to
   establishing the statewide gun buyback  program  and  the  adopt-a-gun
   foundation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 400.15  to
 read as follows:
 § 400.15 STATEWIDE GUN BUYBACK PROGRAM.
   1.  FOR THE PURPOSES OF THIS SECTION, "GUN BUYBACK PROGRAM" SHALL MEAN
 A STATEWIDE PROGRAM IN WHICH A FIREARM, RIFLE, SHOTGUN OR AMMUNITION  IS
 ANONYMOUSLY SURRENDERED IN EXCHANGE FOR A MONETARY REWARD.
   2.  THE STATEWIDE GUN BUYBACK PROGRAM IS HEREBY ESTABLISHED. RESIDENTS
 OF THE STATE OF NEW YORK MAY PARTICIPATE AT THEIR OPTION  AS  FUNDS  ARE
 ALLOCATED  THROUGH  THE ADOPT-A-GUN FOUNDATION ESTABLISHED UNDER SECTION
 NINETY-SEVEN-CC OF THE STATE FINANCE LAW.
   3. THE SUPERINTENDENT OF THE NEW YORK STATE  POLICE  SHALL  ADMINISTER
 THIS  PROGRAM  AND  SHALL PROMULGATE ANY RULES AND REGULATIONS HE OR SHE
 DEEMS NECESSARY FOR THE IMPLEMENTATION OF THIS PROGRAM. SUCH RULES SHALL
 INCLUDE:
   (A) REQUIRING A MINIMUM OF SIXTEEN GUN  BUYBACK  EVENTS  BE  HELD  PER
 YEAR,  FOUR  PER  EACH  OF  THE  NORTHERN, SOUTHERN, EASTERN AND WESTERN
 REGIONS OF THE STATE;
   (B) AT A MINIMUM, ONE OF THE FOUR GUN BUYBACK EVENTS REQUIRED IN PARA-
 GRAPH (A) OF THIS SUBDIVISION, SHALL BE HELD IN AN  URBAN  AREA  WITH  A
 HIGH CRIME RATE;
   (C)  GUIDELINES  FOR  COORDINATING  WITH  LAW ENFORCEMENT AGENCIES AND
 COMMUNITY ORGANIZATIONS TO SELECT A LOCATION  AND  DESIGNATE  DATES  AND
 TIMES FOR EACH GUN BUYBACK EVENT; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11590-03-7
              

 A. 7903                             2
 
   (D)  PROVISIONS FOR CHECKING THE SERIAL NUMBER OF EVERY FIREARM, RIFLE
 OR SHOTGUN SURRENDERED AT SUCH GUN BUYBACK EVENT.
   4. ANY RESIDENT WHO SURRENDERS A FIREARM, RIFLE, SHOTGUN OR AMMUNITION
 ANONYMOUSLY SHALL BE REQUIRED TO SHOW PROOF OF RESIDENCY.
   5.  EACH  RESIDENT WHO SURRENDERS A FIREARM, RIFLE, SHOTGUN OR AMMUNI-
 TION ANONYMOUSLY SHALL RECEIVE, IN EXCHANGE, A MONETARY REWARD OF  THREE
 HUNDRED DOLLARS PER SURRENDERED ITEM.
   § 2. The state finance law is amended by adding a new section 97-cc to
 read as follows:
   § 97-CC. ADOPT-A-GUN FOUNDATION. 1. THERE IS HEREBY ESTABLISHED BY THE
 SUPERINTENDENT  OF THE NEW YORK STATE POLICE A FOUNDATION TO BE KNOWN AS
 THE ADOPT-A-GUN  FOUNDATION  WHICH  SHALL  ADMINISTER  THE  GUN  BUYBACK
 PROGRAM.
   2.  THE  ADOPT-A-GUN  FOUNDATION, ALONG WITH THE SUPERINTENDENT OF THE
 NEW YORK STATE POLICE, SHALL PROMULGATE RULES AND  REGULATIONS  FOR  THE
 IMPLEMENTATION  OF THE PROGRAM, SOLICITATION OF DONATIONS AND ALLOCATION
 OF MONETARY REWARDS THROUGH THE GUN BUYBACK  PROGRAM  ESTABLISHED  UNDER
 SECTION 400.15 OF THE PENAL LAW.
   3.  FUNDING  MAY  BE ALLOCATED FROM THE GENERAL FUND, ASSETS, SEIZURES
 AND FORFEITURE FUNDS RECEIVED BY THE  SUPERINTENDENT  OF  THE  NEW  YORK
 STATE  POLICE  OR  ACQUIRED  THROUGH  DONATIONS FROM PRIVATE BUSINESSES,
 CORPORATIONS, CHARITIES AND INDIVIDUALS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.