S T A T E O F N E W Y O R K
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1421
2019-2020 Regular Sessions
I N A S S E M B L Y
January 15, 2019
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Introduced by M. of A. SIMON, DINOWITZ, WEPRIN, GOTTFRIED, EPSTEIN,
ORTIZ, HUNTER, D'URSO, PAULIN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to reporting duties of law
enforcement with respect to certain seized and recovered firearms and
spent shell casings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading of section 400.10 of the penal law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
Report of theft or loss of a firearm, rifle or shotgun; ADDITIONAL
REPORTING DUTIES OF LAW ENFORCEMENT.
§ 2. Subdivision 3 of section 400.10 of the penal law is renumbered
subdivision 4 and a new subdivision 3 is added to read as follows:
3. (A) WHENEVER A LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS A FIREARM,
RIFLE OR SHOTGUN, THE AGENCY SHALL, WITHIN TWENTY-FOUR HOURS OF
SEIZURE, ENTER THE MAKE, MODEL, CALIBER AND SERIAL NUMBER OF SUCH
FIREARM INTO THE NATIONAL CRIME INFORMATION CENTER TO DETERMINE WHETHER
SUCH FIREARM, RIFLE OR SHOTGUN WAS REPORTED STOLEN.
(B) WHENEVER A LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS A FIREARM,
RIFLE OR SHOTGUN THAT WAS UNLAWFULLY POSSESSED, USED FOR AN UNLAWFUL
PURPOSE, RECOVERED FROM THE SCENE OF A CRIME, IS REASONABLY BELIEVED TO
HAVE BEEN USED OR ASSOCIATED WITH THE COMMISSION OF A CRIME, OR IS
ACQUIRED BY THE AGENCY AS AN ABANDONED OR DISCARDED FIREARM, RIFLE OR
SHOTGUN, THE AGENCY SHALL, ARRANGE FOR EVERY SUCH FIREARM, RIFLE OR
SHOTGUN THAT IS DETERMINED TO BE SUITABLE FOR NATIONAL INTEGRATED
BALLISTICS IDENTIFICATION NETWORK DATA ENTRY AND EXAMINATION TO BE TEST-
FIRED AS SOON AS MAY BE PRACTICABLE AND THE RESULTS OF THE TEST-FIRING
BE SUBMITTED TO THE NATIONAL INTEGRATED BALLISTICS IDENTIFICATION
NETWORK TO DETERMINE WHETHER THE FIREARM, RIFLE OR SHOTGUN IS ASSOCIATED
OR RELATED TO A CRIME, CRIMINAL EVENT, OR ANY INDIVIDUAL ASSOCIATED OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01811-01-9
A. 1421 2
RELATED TO A CRIME OR CRIMINAL EVENT OR REASONABLY BELIEVED TO BE ASSO-
CIATED OR RELATED TO A CRIME OR CRIMINAL EVENT.
(C) WHENEVER A LAW ENFORCEMENT AGENCY RECOVERS ANY SPENT SHELL CASING
AT A CRIME SCENE OR HAS REASON TO BELIEVE THAT THE RECOVERED SPENT SHELL
CASING IS RELATED TO OR ASSOCIATED WITH THE COMMISSION OF A CRIME OR
THE UNLAWFUL DISCHARGE OF A FIREARM, RIFLE OR SHOTGUN, THE AGENCY SHALL,
AS SOON AS MAY BE PRACTICABLE, SUBMIT THE BALLISTIC INFORMATION TO THE
NATIONAL INTEGRATED BALLISTICS IDENTIFICATION NETWORK.
(D) FOR PURPOSES OF THIS SUBDIVISION, "SHELL CASING" MEANS THAT PART
OF AMMUNITION CAPABLE OF BEING USED IN A FIREARM, RIFLE OR SHOTGUN THAT
CONTAINS THE PRIMER AND PROPELLANT POWDER TO DISCHARGE THE BULLET OR
PROJECTILE.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.