assembly Bill A10771

2019-2020 Legislative Session

Relates to requiring reporting on a seized or recovered gun to the criminal gun clearinghouse

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 09, 2020 referred to codes

A10771 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §230, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A1023

A10771 (ACTIVE) - Summary

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.

A10771 (ACTIVE) - Bill Text download pdf


                    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