S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10771
 
                           I N  A S S E M B L Y
 
                               July 9, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to requiring reporting on
   a seized or recovered gun to the criminal gun clearinghouse
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions 4 and 5 of section 230 of the executive law,
 as added by chapter 189 of the laws of 2000, are amended and  three  new
 subdivisions 6, 7 and 8 are added to read as follows:
   4.  The superintendent of the division of state police shall establish
 and maintain within the division  a  criminal  gun  clearinghouse  as  a
 central  repository of information regarding all guns seized, forfeited,
 found or otherwise coming into the possession of any state or local  law
 enforcement  agency  which are believed to have been used in the commis-
 sion of a crime. The superintendent of  the  division  of  state  police
 shall  adopt and promulgate regulations prescribing reporting procedures
 for such state or local law enforcement agencies, including the form for
 reporting such information. In addition to any other  information  which
 the superintendent of the division of state police may require, the form
 shall  require (a) the serial number or other identifying information on
 the gun, if available and (b) a brief description of  the  circumstances
 under  which  the  gun  came  into the possession of the law enforcement
 agency, including the crime which was or may have  been  committed  with
 the  gun.    WHENEVER  A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
 RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED,  RECOVERED  FROM  A  CRIME
 SCENE, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCIATED WITH
 THE  COMMISSION  OF A CRIME OR IS OTHERWISE RECOVERED AS AN ABANDONED OR
 DISCARDED GUN, THE AGENCY SHALL REPORT SUCH SEIZED OR RECOVERED  GUN  TO
 THE  CRIMINAL  GUN  CLEARINGHOUSE AS SOON AS PRACTICABLE, BUT IN NO CASE
 MORE THAN TWENTY-FOUR HOURS AFTER THE AGENCY  HAS  TAKEN  POSSESSION  OF
 SUCH  GUN.  EVERY  REPORT  MADE  TO  THE CRIMINAL GUN CLEARINGHOUSE WILL
 RESULT IN THE PROMPT SUBMISSION OF A REQUEST  TO  THE  NATIONAL  TRACING
 CENTER  OF  THE  BUREAU  OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO
 TRACE THE MOVEMENT OF THE SUBJECT GUN AND SUCH FEDERAL  AGENCY  WILL  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16687-01-0

 A. 10771                            2
 
 REQUESTED  TO  PROVIDE THE RESULTS OF SUCH A TRACE TO THE SUPERINTENDENT
 OF THE DIVISION OF STATE POLICE AND TO THE LAW ENFORCEMENT  AGENCY  THAT
 SUBMITTED THE CLEARINGHOUSE REPORT.
   5. [In any case where a state or local law enforcement agency investi-
 gates  the  commission  of  a  crime in this state and a specific gun is
 known to have been used in  such  crime,  such  agency  shall  submit  a
 request  to  the national tracing center of the United States Department
 of Treasury, bureau of alcohol, tobacco and firearms to trace the  move-
 ment  of  such gun and such federal agency shall be requested to provide
 the superintendent of the division of state police  and  the  local  law
 enforcement  agency  with  the results of such a trace. This subdivision
 shall not apply where the source of a gun is already known  to  a  local
 law  enforcement  agency.]  ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES
 SHALL PARTICIPATE IN  THE  BUREAU  OF  ALCOHOL,  TOBACCO,  FIREARMS  AND
 EXPLOSIVES  COLLECTIVE  DATA  SHARING PROGRAM FOR THE PURPOSE OF SHARING
 GUN TRACE REPORTS AMONG ALL LAW ENFORCEMENT AGENCIES IN THE STATE  ON  A
 RECIPROCAL BASIS.
   6.  (A)  WHENEVER  A  STATE  OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
 RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM  THE  SCENE
 OF  A  CRIME,  OR IS REASONABLY BELIEVED TO HAVE BEEN USED OR ASSOCIATED
 WITH THE COMMISSION OF A CRIME, OR IS RECOVERED  BY  THE  AGENCY  AS  AN
 ABANDONED  OR DISCARDED GUN, THE AGENCY SHALL ARRANGE FOR EVERY SUCH GUN
 THAT IS DETERMINED TO BE SUITABLE FOR TEST-FIRING AND OF A TYPE THAT  IS
 ELIGIBLE  FOR  NATIONAL  INTEGRATED  BALLISTIC  INFORMATION NETWORK DATA
 ENTRY AND CORRELATION TO BE TEST-FIRED AS SOON AS PRACTICABLE,  AND  THE
 RESULTS OF THAT TEST-FIRING SHALL BE SUBMITTED FORTHWITH TO THE NATIONAL
 INTEGRATED BALLISTIC INFORMATION NETWORK TO DETERMINE WHETHER THE GUN 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 ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT.
   (B)  WHENEVER  A  STATE  OR  LOCAL LAW ENFORCEMENT AGENCY RECOVERS ANY
 AMMUNITION CARTRIDGE CASE THAT  IS  OF  A  TYPE  THAT  IS  ELIGIBLE  FOR
 NATIONAL  INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND CORRE-
 LATION AT A CRIME SCENE, OR HAS REASON TO BELIEVE  THAT  SUCH  RECOVERED
 AMMUNITION  CARTRIDGE  CASE IS RELATED TO OR ASSOCIATED WITH THE COMMIS-
 SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, THE AGENCY SHALL, AS
 SOON AS PRACTICABLE,  ARRANGE  FOR  THE  BALLISTICS  INFORMATION  TO  BE
 SUBMITTED TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK.
   7. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS
 ANY  GUN,  THE AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL, CALIBER, AND
 SERIAL NUMBER OF THE GUN INTO  THE  NATIONAL  CRIME  INFORMATION  CENTER
 (NCIC) SYSTEM TO DETERMINE WHETHER THE GUN WAS REPORTED STOLEN.
   8.  THE  SUPERINTENDENT  MAY ADOPT RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.