S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2449 A. 2685
2019-2020 Regular Sessions
S E N A T E - A S S E M B L Y
January 24, 2019
___________
IN SENATE -- Introduced by Sens. MAYER, STEWART-COUSINS, ADDABBO,
BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN,
KAVANAGH, KRUEGER, LIU, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS,
SALAZAR, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. L. ROSENTHAL, HEASTIE, LENTOL,
PEOPLES-STOKES, GOTTFRIED, ABINANTI, JAFFEE, WEPRIN, CRUZ, FRONTUS,
GRIFFIN, JACOBSON, PICHARDO, REYES, SAYEGH, STECK, STERN -- read once
and referred to the Committee on Codes
AN ACT to amend the executive law, in relation to establishing the
municipal gun buyback program; and to amend the state finance law, in
relation to the municipal gun buyback program fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 233 to
read as follows:
§ 233. MUNICIPAL GUN BUYBACK PROGRAM. 1. THERE IS HEREBY ESTABLISHED
WITHIN THE DIVISION OF THE STATE POLICE A MUNICIPAL GUN BUYBACK PROGRAM.
AGENCIES APPROVED BY THE SUPERINTENDENT MAY PARTICIPATE SUBJECT TO
AVAILABLE APPROPRIATIONS AND FUNDS IN THE MUNICIPAL GUN BUYBACK FUND
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-CC OF THE STATE FINANCE
LAW.
2. THE DIVISION OF STATE POLICE SHALL ADMINISTER THE MUNICIPAL GUN
BUYBACK PROGRAM AND PROMULGATE RULES AND REGULATIONS THE SUPERINTENDENT
DEEMS NECESSARY FOR THE IMPLEMENTATION OF SUCH PROGRAM. SUCH RULES SHALL
INCLUDE, BUT NOT BE LIMITED TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
SA LBD08822-02-9
S. 2449 2 A. 2685
(A) THE MANNER IN WHICH AN AGENCY MAY APPLY FOR FUNDS TO SUPPORT A
MUNICIPAL GUN BUYBACK PROGRAM AND THE MANNER IN WHICH SUCH FUNDS WILL BE
ALLOCATED AND DISTRIBUTED;
(B) GUIDELINES FOR THE SAFE STORAGE AND DISPOSAL OF FIREARMS, RIFLES,
SHOTGUNS, AND AMMUNITION RECEIVED AS PART OF THE PROGRAM IN THE
POSSESSION OF THE PARTICIPATING AGENCY, RETURN OF ANY RECOVERED STOLEN
PROPERTY TO ITS RIGHTFUL OWNER AS APPROPRIATE, AND RETENTION FOR
EVIDENCE OF ANY FIREARM, RIFLE, OR SHOTGUN SUSPECTED TO HAVE BEEN USED
IN A CRIME;
(C) GUIDELINES FOR AN AGENCY PARTICIPATING IN THE PROGRAM TO COORDI-
NATE WITH COMMUNITY GROUPS WITHIN ITS JURISDICTION; AND
(D) GUIDELINES FOR ALLOWING INDIVIDUALS TO SURRENDER FIREARMS, RIFLES
AND SHOTGUNS AND ELIGIBILITY FOR MONETARY REWARDS.
3. THE PROVISIONS OF SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION
A OF SECTION 265.20 OF THE PENAL LAW SHALL APPLY TO ANY PERSON VOLUNTAR-
ILY SURRENDERING A FIREARM, RIFLE OR SHOTGUN PURSUANT TO THIS SECTION.
4. ANY AGENCY SHALL BE AUTHORIZED TO DEVELOP AND IMPLEMENT ITS OWN
MUNICIPAL GUN BUYBACK PROGRAM PROVIDED IT IS OTHERWISE PERMITTED BY LAW
AND CONFORMS TO THE RULES AND REGULATIONS PROMULGATED BY THE SUPERINTEN-
DENT AND OUTLINED IN SUBDIVISION TWO OF THIS SECTION.
5. FOR PURPOSES OF THIS SECTION "AGENCY" MEANS THE POLICE FORCE OR
DEPARTMENT OF ANY COUNTY, CITY, TOWN, OR VILLAGE OR A COUNTY SHERIFF.
§ 2. The state finance law is amended by adding a new section 97-cc to
read as follows:
§ 97-CC. MUNICIPAL GUN BUYBACK PROGRAM FUND. 1. THERE IS HEREBY ESTAB-
LISHED, IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A FUND TO BE KNOWN AS THE MUNICIPAL GUN BUYBACK
PROGRAM FUND.
2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL OTHER MONEYS REQUIRED TO BE PAID INTO, TRANSFERRED OR
CREDITED TO SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO
IT.
3. MONEYS OF THE MUNICIPAL GUN BUYBACK PROGRAM FUND SHALL BE SOLELY
AVAILABLE, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND IN ACCORDANCE
WITH LAW TO ASSIST AGENCIES, AS DEFINED IN SECTION TWO HUNDRED THIRTY-
THREE OF THE EXECUTIVE LAW, TO OPERATE BUYBACK PROGRAMS ACCORDING TO THE
RULES AND REGULATIONS OF THE SUPERINTENDENT OF THE STATE POLICE.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
