NY State Senate Bill 2021-S7456

Senate Bill S7456

2021-2022 Legislative Session

Requires 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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2022	reference changed to energy and telecommunications
Jan 05, 2022	referred to codes
Oct 20, 2021	referred to rules

2021-S7456 (ACTIVE) - Details

See Assembly Version of this Bill:: A8131
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S632, A2572

2021-S7456 (ACTIVE) - Summary

Requires 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 information pertaining to the sale, delivery or use of such guns within the state.

2021-S7456 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7456

SPONSOR: COMRIE
 
TITLE OF BILL:

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 informa-
tion pertaining to the sale, delivery or use of such guns within the
state

 
PURPOSE:

Requires all semiautomatic pistols manufactured on or after January 1,
2023 that are sold or delivered in New York to be capable of microstamp-
ing expended cartridge cases and be entered into a database that is
managed by the Department of Criminal Justice System

 
SUMMARY OF 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,
2023, 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 affir-
mative 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, 2023, are in possession
of the manufacturer's certification that such pistol is microstampready,
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:

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.

 
EXISTING LAW:

This is a new law.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

To be determined.

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

2021-S7456 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7456
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 20, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 7456                             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.

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