NY State Senate Bill 2019-S2277

Senate Bill S2277

2019-2020 Legislative Session

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 23, 2019	referred to codes

co-Sponsors

2019-S2277 (ACTIVE) - Details

See Assembly Version of this Bill:: A1251
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6005, A6468
2011-2012: S675, A1157
2013-2014: S68, A3244
2015-2016: S1113, A6192
2017-2018: S470, A5826
2021-2022: S4116, A7926

2019-S2277 (ACTIVE) - Summary

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; establishes fines for violations of this requirement and provides for an affirmative defense if the dealer had a certification from the manufacturer.

2019-S2277 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2277

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to requiring semiautomatic
pistols manufactured or delivered to any licensed dealer in this state
to be capable of microstamping ammunition

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires all semiautomatic pistols manufactured on or after January 1,
2020 to be capable of producing a unique alphanumeric or geometric code
on at least two locations on each cartridge case expended from such
pistol which can identify the make, model and serial number of the
pistol.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 contains the short title of the act, the "Crime Gun Identifi-
cation Act of 2019."

Section 2 of the bill contains the Legislative findings and intent.

Section 3 of the bill adds two new subdivisions 26 and 27 to section
265.00 of the penal law to define the terms "microstamp-ready" and
"microstamping component or mechanism."

Section 4 of the bill amends subdivision 6 of section 265.10 of the
penal law to clarify that the existing class D felony offense of defac-
ing a firearm includes the defacement of a microstamping component or
mechanism of a semiautomatic pistol. This section also creates a new
class A misdemeanor offense when a dealer in firearms sells, offers for
sale, exchanges, gives, transfers or delivers a semiautomatic pistol
knowing that the microstamping component or mechanism of such pistol has
been defaced. Section 6 expressly excludes from defacing a semiautomatic
pistol (1) modifications made to such pistol to render it microstam-
pready, or (2) replacing a firing pin of a microstamp-ready semiautomat-
ic pistol when the pin is damaged or in need of replacement for the safe
use of the pistol, or replacing such pin for a legitimate sporting
purpose.

Section 5 of the bill adds two new sections 265.38 and 265.39 to the
penal law. Section 265.38 would prohibit (1) the sale, offer for sale,
exchange, giving, transfer or delivery of a semiautomatic pistol manu-
factured after January 1, 2021, by a dealer in firearms to any person
other than a dealer in firearms, unless such pistol is micro-stamp ready
and (2) any manufacturer or wholesale dealer from delivering a semiauto-
matic pistol manufactured after January 1, 2021 to any person in this
state, unless the pistol is certified by the manufacturer as micro-stamp
ready in accordance with rules and regulations promulgated by the divi-
sion of state police. A violation of Section 265.38 is a class B misde-
meanor; a second or subsequent violation of any of these provisions is a
class A misdemeanor.

Section 265.39 provides dealers in firearms charged under subdivision 2
of section 265.38 with an affirmative defense. The affirmative defense
is available to those dealers who, at the time of the sale, offer for
sale, exchange, giving, transfer or delivery of a semi-automatic pistol
manufactured after January 1, 2021, are in possession of the manufactur-
er's certification that such pistol is microstamp-ready, or an exact
copy of such certification.

Section 6 of the bill amends subdivision 5 of section 265.15 of the
penal law to make the presumption that applies to possession of defaced
guns inapplicable to semi-automatic pistols where the sole defacement
consists of defacing a microstamping component or mechanism of such
pistol.

Section 7 of the bill contains the effective date.

 
JUSTIFICATION:

Microstamping technology utilizes lasers to make precise, microscopic
engravings on the internal mechanisms of a gun, such as the breech face
and firing pin. As the gun is fired, information identifying the make,
model and serial number of the gun can be stamped onto the cartridge as
numbers and letters. The technology is designed to aid law enforcement
officials investigating homicides and other crimes by allowing them to
trace firearms to their original purchasers through cartridge cases
found at crime scenes.

Microstamping represents a significant advancement over existing ballis-
tic identification technology. Because the technology of microstamping
imprints the identifying characteristics of a firearm onto every
cartridge ejected from the gun, investigators need only recover the
cartridges at a crime scene to be able to identify the actual crime gun.
Current ballistics identification technology is much more limited. While
it can be used to compare ballistic evidence recovered at crime scenes,
it cannot lead investigators directly to a specific firearm that
produced the ballistic fingerprint, unless that firearm is recovered.

On October 13, 2007, California Governor Arnold Schwarzenegger signed
into law the "Crime Gun Identification Act of 2007, "mandating manufac-
turer "microstamping" of all new models of semiautomatic handgun models
sold in California starting in 2010. Numerous other states are also
considering microstamping legislation.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.470-A (Peralta) - Died in Codes

2015-16: S1113-A (Peralta) - Died in Codes

2013-14: S0068-A (Peralta) - Died in Codes

2012: S0675-C (Peralta) - Died in Rules

2011: S0675-A (Peralta) - Died in Codes

2009-10: S6005-A (Schneiderman) - Died on Third Reading

 
FISCAL IMPLICATIONS:

This legislation will not impose new costs on the State of New York.  No
new database is required; the certification process contained in the

bill is entirely industry-based. Manufacturers will incur minimal costs
to adopt the new technology.

 
EFFECTIVE DATE:
The act would take effect January 1, 2021, or at such time that the
division of state police receive written notice from one or more micro-
stamp job shops that such shop or shops are willing and prepared to
produce microstamp structures on two internal surfaces of a semiautomat-
ic pistol for a price of twelve dollars or less at a production level of
one thousand semiautomatic pistols per batch, whichever occurs later;
provided that the division of state police shall notify the legislative
bill drafting commission upon the occurrence of the receipt of the writ-
ten notice provided for in this section in order that the commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in furtherance of effectuating the
provisions of this act, and provided further, that effective immediately
the superintendent of the state police shall promulgate rules and regu-
lations necessary for the implantation of this act.

2019-S2277 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2277
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  requiring  semiautomatic
   pistols manufactured or delivered to any licensed dealer in this state
   to be capable of microstamping ammunition

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "crime gun identification act of 2019".
   §  2.  Legislative  findings and intent. The legislature finds that in
 2005, the national clearance rate for homicide cases  was  approximately
 60%  and  over  3,000 gun homicide cases went unsolved; that in approxi-
 mately half of gun homicide investigations a spent cartridge casing, but
 not a firearm, is recovered at the crime scene; that currently  deployed
 national  ballistic  identification  systems  cannot identify the serial
 number of a gun unless the gun itself has been recovered;  that  firearm
 microstamping  is  a  revolutionary forensic technology that produces an
 identifiable alpha-numeric and geometric  code  onto  the  rear  of  the
 cartridge  casing  each  time  a semiautomatic pistol is fired; that the
 alpha-numeric and geometric code on an expended  cartridge  casing  will
 provide  an initial lead for law enforcement by enabling law enforcement
 to match the cartridge casing found at a crime to the original owner  of
 the  firearm;  that  information  from completed crime gun tracing is an
 important element utilized by COMPSTAT and other crime analysis  systems
 to  target  illegal  firearms trafficking; that microstamping technology
 continues to  produce  identifiable  markings  onto  expended  cartridge
 casings  even after thousands of rounds of testing; that this additional
 tool will help law  enforcement  investigate  illegal  gun  trafficking,
 close  firearm-related  criminal  cases and protect the public; and that
 legislative action is necessary to require all new semiautomatic pistols
 sold after January 1, 2021 to be microstamp-ready.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04773-01-9

 S. 2277                             2
 
   § 3. Section 265.00 of the penal law is  amended  by  adding  two  new
 subdivisions 26 and 27 to read as follows:
   26.  "MICROSTAMP-READY",  WHEN  USED WITH REFERENCE TO A SEMIAUTOMATIC
 PISTOL, MEANS THAT SUCH PISTOL  IS  MANUFACTURED  TO  PRODUCE  A  UNIQUE
 ALPHA-NUMERIC  OR  GEOMETRIC  CODE  ON  AT  LEAST  TWO LOCATIONS ON EACH
 EXPENDED CARTRIDGE CASE THAT IDENTIFIES  THE  MAKE,  MODEL,  AND  SERIAL
 NUMBER OF THE PISTOL.
   27.  "MICROSTAMPING  COMPONENT OR MECHANISM", WHEN USED WITH REFERENCE
 TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
 DESIGNED AND INTENDED TO PRODUCE A  UNIQUE  ALPHA-NUMERIC  OR  GEOMETRIC
 CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
 AL NUMBER OF THE PISTOL.
   §  4.  Subdivision 6 of section 265.10 of the penal law, as amended by
 chapter 189 of the laws of 2000, is amended to read as follows:
   6. (A) Any person who wilfully defaces any machine-gun, large capacity
 ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
 COMPONENT OR MECHANISM OF A SEMIAUTOMATIC PISTOL, is guilty of a class D
 felony.
   (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
 TER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR  DELIVERS
 A  SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR MECH-
 ANISM OF SUCH PISTOL HAS BEEN DEFACED, IS GUILTY OF A CLASS A  MISDEMEA-
 NOR.  FOR  PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMATIC PISTOL
 DOES NOT INCLUDE (1) MODIFYING  A  SEMIAUTOMATIC  PISTOL  TO  RENDER  IT
 MICROSTAMP-READY  OR  (2)  REPLACING  THE  FIRING PIN OF A SEMIAUTOMATIC
 PISTOL THAT IS MICROSTAMP-READY WHEN SUCH PIN IS DAMAGED OR IN  NEED  OF
 REPLACEMENT FOR THE SAFE USE OF SUCH PISTOL, OR REPLACING SUCH PIN FOR A
 LEGITIMATE SPORTING PURPOSE.
   §  5.  The  penal law is amended by adding two new sections 265.38 and
 265.39 to read as follows:
 § 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
   IT SHALL BE UNLAWFUL:
   1. FOR ANY DEALER IN FIREARMS LICENSED UNDER SECTION  400.00  OF  THIS
 CHAPTER,  TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER A
 SEMIAUTOMATIC PISTOL MANUFACTURED ON OR AFTER JANUARY FIRST,  TWO  THOU-
 SAND  TWENTY-ONE  TO  ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS
 SUCH PISTOL IS MICROSTAMP-READY; OR
   2. FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO  BE
 DELIVERED  TO  ANY PERSON IN THIS STATE, A SEMIAUTOMATIC PISTOL MANUFAC-
 TURED AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, UNLESS THE  MANUFAC-
 TURER  CERTIFIES TO SUCH PERSON AT THE TIME OF SUCH DELIVERY, IN ACCORD-
 ANCE WITH RULES AND REGULATIONS PROMULGATED BY  THE  DIVISION  OF  STATE
 POLICE, THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND REGULATIONS
 SHALL  INCLUDE  A  REQUIREMENT  THAT,  AS PART OF THE CERTIFICATION, THE
 MANUFACTURER SHALL PROVIDE THE MAKE, MODEL  AND  SERIAL  NUMBER  OF  THE
 PISTOL.
   A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
 PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
 SALE  DEALER  OR  A  MANUFACTURER,  WHO  VIOLATES  ANY PROVISION OF THIS
 SECTION  AFTER  HAVING  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING   ANY
 PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
 § 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
   IN  ANY  PROSECUTION  UNDER  SUBDIVISION ONE OF SECTION 265.38 OF THIS
 ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER  IN  FIREARMS,  AT
 THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
 OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:

 S. 2277                             3
 
   1.  A  CERTIFICATION  FROM  THE  MANUFACTURER OF SUCH PISTOL DELIVERED
 PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
 PISTOL IS MICROSTAMP-READY; OR
   2.  AN  EXACT  COPY  OF  SUCH  CERTIFICATION OBTAINED BY THE DEALER IN
 FIREARMS FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES  AND
 REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
   THE  DIVISION  OF  STATE POLICE SHALL PROMULGATE RULES AND REGULATIONS
 GOVERNING PROCEDURES AND STANDARDS FOR EXACT  COPIES  OF  CERTIFICATIONS
 AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
 TURER FOR PURPOSES OF THIS SECTION.
   §  6.  Subdivision 5 of section 265.15 of the penal law, as amended by
 chapter 695 of the laws of 1987, is amended to read as follows:
   5. The possession by any person of  a  defaced  machine-gun,  firearm,
 rifle  or  shotgun  is presumptive evidence that such person defaced the
 same; PROVIDED, HOWEVER,  THAT  THIS  SUBDIVISION  SHALL  NOT  APPLY  TO
 POSSESSION  OF  A  SEMIAUTOMATIC  PISTOL  WHERE  THE  DEFACEMENT ALLEGED
 CONSISTS OF DEFACING A MICROSTAMPING  COMPONENT  OR  MECHANISM  OF  SUCH
 PISTOL.
   §  7. This act shall take effect January 1, 2021, or at such time that
 the superintendent of the state police has received written notice  from
 one or more microstamp job shops that such shop or shops are willing and
 prepared  to produce microstamp structures on two internal surfaces of a
 semiautomatic pistol as defined in subdivision 26 of section  265.00  of
 the  penal  law  for  a  price of twelve dollars or less at a production
 level of one thousand semiautomatic pistols per batch, whichever  occurs
 later;  provided  that  the  division  of  state police shall notify the
 legislative bill drafting commission upon the occurrence of the  receipt
 of  the  written  notice  provided for in this section in order that the
 commission may maintain an accurate and timely effective  data  base  of
 the official text of the laws of the state of New York in furtherance of
 effectuating  the  provisions  of  this  act, and provided further, that
 effective immediately the  superintendent  of  the  state  police  shall
 promulgate  rules  and  regulations  necessary for the implementation of
 this act.

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Senate Bill S2277

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Sponsored By

Brad Hoylman-Sigal