S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8131
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the executive law, in relation to requiring the division
   of  criminal  justice services to establish and maintain a database of
   information relating to the sale or use of microstamped  guns  in  the
   state  and to promulgate regulations regarding the provision of infor-
   mation pertaining to the sale, delivery or use of such guns within the
   state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 837 of the executive law is amended by adding a new
 subdivision 23 to read as follows:
   23. (A) THE DEPARTMENT SHALL ESTABLISH, MAINTAIN AND UPDATE ON A QUAR-
 TERLY  BASIS AN ELECTRONIC DATABASE OF INFORMATION RELATING TO THE MANU-
 FACTURE, SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER,  DELIVERY  OR
 USE  OF  MICROSTAMPED  GUNS  IN THE STATE. SUCH DATABASE SHALL BE IMPLE-
 MENTED WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE  DATE  OF  A  NEW
 YORK  STATE OR FEDERAL LAW, RULE OR REGULATION MANDATING THE MICROSTAMP-
 ING OF ANY TYPE OF GUN.
   (B) AS USED IN THIS SUBDIVISION, "MICROSTAMPED GUN" MEANS A  GUN  THAT
 HAS  BEEN MANUFACTURED, EQUIPPED WITH OR MODIFIED TO CONTAIN A COMPONENT
 OR MECHANISM THAT IS INTENDED  TO  PRODUCE  A  UNIQUE  ALPHA-NUMERIC  OR
 GEOMETRIC  CODE ON AT LEAST ONE LOCATION ON EACH EXPENDED CARTRIDGE CASE
 FIRED FROM THE GUN THAT IDENTIFIES THE MAKE, MODEL, AND SERIAL NUMBER OF
 THE GUN.
   (C) SUCH DATABASE SHALL CONTAIN, AT A MINIMUM AND AS APPLICABLE:
   (I) THE MAKE, MODEL AND SERIAL NUMBER OF THE GUN;
   (II) THE IDENTITY AND ADDRESS OF THE DEALER IN FIREARMS LICENSED UNDER
 SECTION 400.00 OF THE PENAL LAW CONVEYING THE GUN;
   (III) THE IDENTITY AND ADDRESS OF THE MANUFACTURER DELIVERING OR CAUS-
 ING THE DELIVERY OF THE GUN TO A PERSON OR ENTITY WITHIN THE STATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11820-01-1

 A. 8131                             2
 
   (IV) THE NAME AND ADDRESS OF THE PERSON OR ENTITY TO WHOM THE GUN  HAS
 BEEN CONVEYED OR DELIVERED;
   (V) THE NAME AND ADDRESS OF THE PERSON IN WHOSE POSSESSION THE GUN WAS
 DISCOVERED BY A POLICE OR PEACE AGENCY; AND
   (VI)  SUCH  OTHER IDENTIFYING INFORMATION AS DETERMINED BY THE COMMIS-
 SIONER.
   (D) THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS REQUIRING:
   (I) EACH DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THE PENAL
 LAW WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR  DELIVERS
 A GUN, KNOWING THAT SUCH GUN CONTAINS A MICROSTAMPING COMPONENT OR MECH-
 ANISM,  TO  REPORT  SUCH CONVEYANCE TO THE DIVISION FOR INCLUSION IN THE
 DATABASE;
   (II) ANY MANUFACTURER OR WHOLESALE DEALER THAT DELIVERS OR  CAUSES  TO
 BE  DELIVERED A GUN TO A PERSON OR ENTITY WITHIN THE STATE, KNOWING THAT
 SUCH GUN CONTAINS A MICROSTAMPING  COMPONENT  OR  MECHANISM,  TO  REPORT
 INFORMATION  REGARDING  THE GUN OR GUNS SO DELIVERED TO THE DIVISION FOR
 INCLUSION IN THE DATABASE;
   (III) REQUIRING EACH POLICE AGENCY OR PEACE OFFICER AGENCY WITHIN  THE
 STATE  TO  REPORT  INFORMATION REGARDING THE DISCOVERY OF A MICROSTAMPED
 GUN DURING ANY INVESTIGATION OR ARREST TO THE DIVISION FOR INCLUSION  IN
 THE DATABASE; AND
   (IV) REGULATING THE DISCLOSURE OF SUCH INFORMATION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.