NY State Senate Bill 2021-S5426

Senate Bill S5426

2021-2022 Legislative Session

Increase the types of firearms that are to be included in the firearm ballistic identification database

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Archive: Last Bill Status - In Senate Committee Consumer Protection 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to consumer protection
Mar 04, 2021	referred to consumer protection

co-Sponsors

2021-S5426 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1188
2011-2012: S1467
2013-2014: S1572
2015-2016: S2573
2017-2018: S2190
2019-2020: S5019
2023-2024: S6831

2021-S5426 (ACTIVE) - Summary

Increases the types of firearms that are to be included in the firearm ballistic identification databank.

2021-S5426 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5426

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to a firearm
ballistic identification databank

 
PURPOSE:

This bill would increase the types of firearms that are to be included
in the firearm ballistic identification database.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 396-ff of the general business law
to require that assault weapons, rifles and other long-barreled weapons
be included in the state's ballistics identification databank.

Section 2 makes the effective date of the act the sixtieth day after
becomes law.

 
EXISTING LAW:

Current law only requires that pistols and revolvers be included in the
ballistics fingerprint database.

 
JUSTIFICATION:

Every gun leaves behind a unique pattern or distinctive fingerprint
which is imparted onto any bullet or casing discharged from the weapon.
When a gun crime is perpetrated using a gun purchased in New York state,
these unique ballistics patterns can be used to track down and identify
the owner of the weapon and increase the chances of law enforcement
authorities being led to the shooter when property preserved and stored
in the state's ballistics fingerprint database.  Although New York is
one of only two states to require the maintenance of a statewide ballis-
tics fingerprint database, current law only mandates that the database.
include shell casing data for recently manufactured pistols and revol-
vers, not for assault weapons, rifles or other long-barreled weapons.
This omission leaves a major void in the ballistics data base and,
consequently, in the ability of law enforcement ability to track down
and apprehend perpetrators who use either assault weapons, rifles or
other long-barreled weapons in the commission of their crimes. Had the
2002 Washington, D.C. sniper attacks occurred in New York, local author-
ities would have been powerless under current law to identify the weapon
or its owner, in spite of the existence of New York's statewide ballis-
tics database. The heinous acts of the DC area sniper, plus the fact
that rifles and shotguns are fast becoming criminal weapons of choice,
all underscore the need for New York's current ballistics data base law
to become more expansive and inclusive in the types of firearms that it
covers. Because of the unfortunate reality of the accessibility of vari-
ous deadly firearms and their frequent involvement in the commission of
violent criminal acts, it would be a gross and glaring oversight not to
amend the current law to require the inclusion of as many of these
different types of deadly firearms as possible into the state's ballis-
tics finger-print database.


Ammunition is often the sole evidence left behind at a crime scene which
links directly to the perpetrator; if law enforcement continues to be
deprived of the available technology and means to harness and use this
evidence, the safety of all our communities will continue to be compro-
mised. There are countless firearms currently being purchased in our
state and nation every day, and law enforcement authorities must be
equipped to track down these weapons in the event they are used in the
commission of a crime. By expanding New York's ballistic fingerprinting
law to include assault weapons, rifles and other long-barreled weapons,
the Legislature will be implementing a much-needed and effective measure
to close a glaring and dangerous loophole. It is incumbent upon the
Legislature and the Governor to give law enforcement the best tools
possible to continue the fight against crime and terrorism.

 
LEGISLATIVE HISTORY:

2019-20: S.5019 - Referred to Consumer Protection

2017-18: S.2190 - REFERRED TO CONSUMER PROTECTION

2015-16: S.2573A - Amend and Recommitted to Consumer Protection

2013-14: S.1572A/A.1467 - Referred to Consumer Protection

2011-12: S.1497/A.4025 - Referred to Consumer Protection

2009-10: S.1188/A.3477 - Held for Consideration in Codes

2008-09: Referred to Codes

2007-08: Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2021-S5426 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5426
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, COMRIE, SERRANO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection
 
 AN ACT to amend the general business  law,  in  relation  to  a  firearm
   ballistic identification databank
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 396-ff to read as follows:
   § 396-FF. FIREARM  BALLISTIC  IDENTIFICATION  DATABANK.  (1)  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "MANUFACTURER" MEANS ANY PERSON, FIRM OR CORPORATION POSSESSING  A
 VALID  FEDERAL  LICENSE THAT PERMITS SUCH PERSON, FIRM OR CORPORATION TO
 ENGAGE IN THE BUSINESS OF MANUFACTURING FIREARMS OR AMMUNITION  THEREFOR
 FOR THE PURPOSE OF SALE OR DISTRIBUTION.
   (B) "SHELL CASING" MEANS THAT PART OF AMMUNITION CAPABLE OF BEING USED
 IN A FIREARM THAT CONTAINS THE PRIMER AND PROPELLANT POWDER TO DISCHARGE
 THE BULLET OR PROJECTILE.
   (C)  "FIREARM"  MEANS A PISTOL, REVOLVER, OR ASSAULT WEAPON AS DEFINED
 IN SECTION 265.00 OF THE PENAL LAW, RIFLE, OR OTHER LONG-BARRELED  WEAP-
 ON.
   (2)  ANY  MANUFACTURER THAT SHIPS, TRANSPORTS OR DELIVERS A FIREARM TO
 ANY PERSON IN THIS STATE SHALL, IN ACCORDANCE WITH RULES AND REGULATIONS
 PROMULGATED BY THE DIVISION OF STATE POLICE, INCLUDE  IN  THE  CONTAINER
 WITH SUCH FIREARM A SEPARATE SEALED CONTAINER THAT ENCLOSES:
   (A)  A  SHELL  CASING  OF  A BULLET OR PROJECTILE DISCHARGED FROM SUCH
 FIREARM; AND
   (B) ANY ADDITIONAL INFORMATION THAT IDENTIFIES SUCH FIREARM AND  SHELL
 CASING AS REQUIRED BY SUCH RULES AND REGULATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09355-01-1

 S. 5426                             2
 
   (3)  A  GUNSMITH  OR  DEALER IN FIREARMS LICENSED IN THIS STATE SHALL,
 WITHIN TEN DAYS OF THE RECEIPT OF ANY FIREARM FROM A  MANUFACTURER  THAT
 FAILS  TO  COMPLY WITH THE PROVISIONS OF THIS SECTION, EITHER (A) RETURN
 SUCH FIREARM TO SUCH MANUFACTURER, OR (B) NOTIFY THE DIVISION  OF  STATE
 POLICE  OF  SUCH NONCOMPLIANCE AND THEREAFTER OBTAIN A SUBSTITUTE SEALED
 CONTAINER THROUGH PARTICIPATION IN  A  PROGRAM  OPERATED  BY  THE  STATE
 POLICE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
   (4)  THE  DIVISION  OF STATE POLICE SHALL NO LATER THAN OCTOBER FIRST,
 TWO THOUSAND TWENTY-TWO, PROMULGATE RULES AND REGULATIONS FOR THE OPERA-
 TION OF A PROGRAM WHICH PROVIDES A GUNSMITH  OR  A  DEALER  IN  FIREARMS
 LICENSED IN THIS STATE WITH A SEALED CONTAINER ENCLOSING THE ITEMS SPEC-
 IFIED  IN  SUBDIVISION TWO OF THIS SECTION. THE PROGRAM SHALL AT A MINI-
 MUM:
   (A) BE OPERATIONAL BY JANUARY FIRST, TWO THOUSAND TWENTY-THREE;
   (B) OPERATE IN AT LEAST FIVE REGIONAL LOCATIONS WITHIN THE STATE; AND
   (C) SPECIFY PROCEDURES BY WHICH SUCH GUNSMITH OR DEALER IS TO  DELIVER
 A  FIREARM  TO THE REGIONAL PROGRAM LOCATION CLOSEST TO HIS OR HER PLACE
 OF BUSINESS FOR TESTING AND PROMPT RETURN OF SUCH FIREARM.
   (5) A GUNSMITH OR DEALER IN FIREARMS LICENSED  IN  THIS  STATE  SHALL,
 WITHIN  TEN  DAYS OF DELIVERING TO ANY PERSON A FIREARM RECEIVED BY SUCH
 GUNSMITH OR DEALER IN FIREARMS, FORWARD TO THE DIVISION OF STATE POLICE,
 ALONG WITH THE  ORIGINAL  TRANSACTION  REPORT  REQUIRED  BY  SUBDIVISION
 TWELVE  OF SECTION 400.00 OF THE PENAL LAW, THE SEALED CONTAINER ENCLOS-
 ING THE SHELL CASING FROM SUCH FIREARM  EITHER  (A)  RECEIVED  FROM  THE
 MANUFACTURER, OR (B) OBTAINED THROUGH PARTICIPATION IN THE PROGRAM OPER-
 ATED BY THE DIVISION OF STATE POLICE IN ACCORDANCE WITH SUBDIVISION FOUR
 OF THIS SECTION.
   (6) UPON RECEIPT OF THE SEALED CONTAINER, THE DIVISION OF STATE POLICE
 SHALL  CAUSE TO BE ENTERED IN AN AUTOMATED ELECTRONIC DATABANK PERTINENT
 DATA AND OTHER BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION  OF  THE
 SHELL CASING AND TO THE FIREARM FROM WHICH IT WAS DISCHARGED.  THE AUTO-
 MATED  ELECTRONIC  DATABANK WILL BE OPERATED AND MAINTAINED BY THE DIVI-
 SION OF STATE POLICE, IN  ACCORDANCE  WITH  ITS  RULES  AND  REGULATIONS
 ADOPTED  AFTER CONSULTATION WITH THE FEDERAL BUREAU OF INVESTIGATION AND
 THE UNITED STATES DEPARTMENT OF JUSTICE,  BUREAU  OF  ALCOHOL,  TOBACCO,
 FIREARMS  AND EXPLOSIVES TO ENSURE COMPATIBILITY WITH NATIONAL BALLISTIC
 TECHNOLOGY.
   (7) ANY PERSON, FIRM OR CORPORATION WHO KNOWINGLY VIOLATES ANY OF  THE
 PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE AS
 PROVIDED IN THE PENAL LAW. ANY PERSON, FIRM OR CORPORATION WHO KNOWINGLY
 VIOLATES  ANY OF THE PROVISIONS OF THIS SECTION AFTER HAVING BEEN PREVI-
 OUSLY CONVICTED OF A VIOLATION OF THIS SECTION  SHALL  BE  GUILTY  OF  A
 CLASS A MISDEMEANOR, PUNISHABLE AS PROVIDED IN THE PENAL LAW.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S5426

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Sponsored By

Kevin S. Parker