Requires a state or local law enforcement agency report any 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; requires state and local law enforcement agencies participate in the bureau of alcohol, tobacco, firearms and explosives collective data sharing program.
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
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.