Senate Bill S7226

                                
 
BILL NUMBER: S7226

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,
2025 that are sold or delivered in New York to be capable of microstamp-
ing expended cartridge cases.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds two new subdivisions 32 and 33 to section
265.00 of the Penal Law ("Definitions") to define the terms "microstam-
pready" and "microstamping component or mechanism."

              

Section 2 of the bill amends subdivision 6 of section 265.10 of the
Penal Law ("Manufacture, transport, disposition and defacement of weap-
ons and dangerous instruments and appliances") to clarify that the
existing class D felony offense of defacing 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 compo-
nent or mechanism of such pistol has been defaced.

Section 3 of the bill adds two new sections 265.38 ("Microstamping of
semiautomatic pistols; penalties") and 265.39 ("Microstamping of semiau-
tomatic pistols; affirmative defense") to the Penal Law.

-Section 265.38 would prohibit (1) the sale, offer for sale, exchange,
giving, transfer or delivery of a semiautomatic pistol manufactured
after January 1, 2025, by a dealer in firearms to any person other than
a dealer in firearms, unless such pistol is microstamp-ready and (2) any
manufacturer or wholesale dealer from delivering a semiautomatic pistol
manufactured after January 1, 2023 to any person in this state, unless
the pistol is certified by the manufacturer as microstamp-ready in
accordance with rules and regulations promulgated by the Division of
State Police. A violation of Section 265.38 is a class B misdemeanor; 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, 2025, are in possession of the manufactur-
er's certification that such pistol is microstamp-ready, or an exact
copy of such certification.

Section 4 of the bill amends subdivision 5 of section 265.15 of the
Penal Law ("Presumptions of possession, unlawful intent and defacement")
to make the presumption that applies to possession of defaced guns inap-

plicable to semi-automatic pistols where the sole defacement consists of
defacing a microstamping component or mechanism of such pistol.

Section 5 of the bill contains the effective date.

 
JUSTIFICATION:

Recent research indicates that across the nation, large numbers of
shootings are never reported to law enforcement, and large numbers of
fatal and nonfatal shootings go unsolved and undeterred. An in-depth
investigation by The Washington Post found that across 52 of the
nation's largest cities, 53 percent of murders of African Americans
never led to an arrest, let alone a conviction. Other investigative
reports have indicated that homicides and attempted homicides involving
firearms may be even less likely to lead to an arrest.  Research
reported by The Trace found that across 22 cities, 65 percent of fatal
shootings involving an African American or Hispanic victim never led to
an arrest. When shootings, homicides, and other firearm crimes are
unsolved and undeterred, retaliatory cycles of violence, trauma, and
vigilantism are more likely to erupt instead, leading to increased
interpersonal gun violence and injury, and weakened trust in the justice
system. Widespread use of microstamping technology would help ensure
public safety and prevent crime.

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, these engravings can imprint a
unique alphanumeric array onto the shell casing of the cartridge fired
from the gun. This unique array can then be used, like a serial number,
to identify the make, model and serial number of the gun. The technology
is designed to aid law enforcement officials investigating homicides and
other gun 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 gun used in the
commission of the crime. 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.

Incorporating microstamping features in more handgun models sold in New
York would likely reduce interpersonal gun violence in this state by
aiding law enforcement efforts to solve and deter shootings, homicides,
and other gun-related crimes, and prevent cycles of retributive violence
from occurring.

Contrary to firearm manufacturers' claims that it is impossible or
impractical to produce firearms equipped with microstamping technology,
the Sporting Arms and Ammunition Manufacturers' Institute and the
National Shooting Sports Foundation have admitted that "microstamped
characters that identify the make, model, and serial number of a semi-
automatic pistol can be etched or imprinted on the tip of the pistol's
firing pin" and tests have shown it is feasible to do the same on the
firearm breechface. Additionally, the Ninth Circuit Court of Appeals has
held, in upholding California's microstamping requirement, that " 
THE
STATE OF CALIFORNIA produced evidence that compliance with the micro-
stamping requirement is "technologically possible" and would cost an
incremental $3.00 to $10.00 per gun."  Pena v. Lindley, 898 F.3d 969
(9th Cir. 2018).

Microstamping technology is feasible and reliable and the costs of
implementing this technology are minimal. Incorporating microstamping
technology will help ensure public safety by identifying crime guns,
aiding law enforcement in their efforts to prosecute those who use guns
to do harm, disrupt cycles of retributive violence and deter future acts
of gun violence.

 
PRIOR LEGISLATIVE HISTORY:

S.2277 of 2019-2020 (Hoylman): Died in Codes

A.1251 of 2019-2020 (Jaffee): Died in Codes

S.0470-A of 2017-2018 (Peralta): Died in Codes

S.1113-A of 2015-2016 (Peralta): Died in Codes

S.0068-A of 2013-2014 (Peralta): Died in Codes

S.0675-C of 2012 (Peralta): Died in Rules

S.0675-A of 2011 (Peralta): Died in Codes

S.6005-A of 2009-2010 (Schneiderman): Died on Third Reading

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2025.