Senate Bill S5426

                            
 
                     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.