NY State Assembly Bill A7926A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
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Delivered to Governor
Signed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2022	signed chap.205
Jun 03, 2022	delivered to governor
Jun 02, 2022	returned to assembly passed senate 3rd reading cal.1849 substituted for s4116a
Jun 01, 2022	referred to codes delivered to senate passed assembly
Apr 27, 2022	amended on third reading (t) 7926a
Jan 05, 2022	ordered to third reading cal.280
Jun 08, 2021	ordered to third reading rules cal.635 rules report cal.635 reported
Jun 07, 2021	reported referred to rules
Jun 01, 2021	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

A7926 - Details

See Senate Version of this Bill:: S4116
Law Section:: Penal Law
Laws Affected:: Amd §§265.00 & 265.10, add §265.38, Pen L; add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6468, S6005
2011-2012: A1157, S675
2013-2014: A3244, S68
2015-2016: A6192, S1113
2017-2018: A5826, S470
2019-2020: A1251, S2277

A7926 - Summary

Requires semiautomatic pistols sold in this state be verified as a microstamping-enabled pistol; establishes fines for violations of this requirement; requires the division of criminal justice services to certify the viability of microstamping-enabled pistols.

A7926 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7926
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 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

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 265.00 of the penal law is amended  by  adding  two
 new subdivisions 32 and 33 to read as follows:
   32.  "MICROSTAMP-READY",  WHEN  USED WITH REFERENCE TO A SEMIAUTOMATIC
 PISTOL, MEANS THAT SUCH PISTOL  IS  MANUFACTURED  TO  PRODUCE  A  UNIQUE
 ALPHA-NUMERIC  OR  GEOMETRIC  CODE  ON  AT  LEAST  ONE  LOCATION ON EACH
 EXPENDED CARTRIDGE CASE THAT IDENTIFIES  THE  MAKE,  MODEL,  AND  SERIAL
 NUMBER OF THE PISTOL.
   33.  "MICROSTAMPING  COMPONENT OR MECHANISM", WHEN USED WITH REFERENCE
 TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
 DESIGNED AND INTENDED TO PRODUCE A  UNIQUE  ALPHA-NUMERIC  OR  GEOMETRIC
 CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
 AL NUMBER OF THE PISTOL.
   §  2.  Subdivision 6 of section 265.10 of the penal law, as amended by
 chapter 189 of the laws of 2000, is amended to read as follows:
   6. (A) Any person who wilfully defaces any machine-gun, large capacity
 ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
 COMPONENT OR MECHANISM OF A SEMIAUTOMATIC PISTOL, is guilty of a class D
 felony.
   (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
 TER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR  DELIVERS
 A  SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR MECH-
 ANISM OF SUCH PISTOL HAS BEEN DEFACED, IS GUILTY OF A CLASS A  MISDEMEA-
 NOR.  FOR  PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMATIC PISTOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02762-02-1

 A. 7926                             2
 
 DOES NOT INCLUDE (1) MODIFYING  A  SEMIAUTOMATIC  PISTOL  TO  RENDER  IT
 MICROSTAMP-READY  OR  (2)  REPLACING  THE  FIRING PIN OF A SEMIAUTOMATIC
 PISTOL THAT IS MICROSTAMP-READY WHEN SUCH PIN IS DAMAGED OR IN  NEED  OF
 REPLACEMENT FOR THE SAFE USE OF SUCH PISTOL, OR REPLACING SUCH PIN FOR A
 LEGITIMATE SPORTING PURPOSE.
   §  3.  The  penal law is amended by adding two new sections 265.38 and
 265.39 to read as follows:
 § 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
   IT SHALL BE UNLAWFUL:
   1. FOR ANY DEALER IN FIREARMS LICENSED UNDER SECTION  400.00  OF  THIS
 CHAPTER,  TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER A
 SEMIAUTOMATIC PISTOL MANUFACTURED ON OR AFTER JANUARY FIRST,  TWO  THOU-
 SAND  TWENTY-THREE TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS
 SUCH PISTOL IS MICROSTAMP-READY; OR
   2. FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO  BE
 DELIVERED  TO  ANY PERSON IN THIS STATE, A SEMIAUTOMATIC PISTOL MANUFAC-
 TURED  AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-THREE,  UNLESS  THE
 MANUFACTURER  CERTIFIES  TO SUCH PERSON AT THE TIME OF SUCH DELIVERY, IN
 ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED  BY  THE  DIVISION  OF
 STATE POLICE, THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND REGU-
 LATIONS  SHALL INCLUDE A REQUIREMENT THAT, AS PART OF THE CERTIFICATION,
 THE MANUFACTURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF  THE
 PISTOL.
   A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
 PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
 SALE  DEALER  OR  A  MANUFACTURER,  WHO  VIOLATES  ANY PROVISION OF THIS
 SECTION  AFTER  HAVING  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING   ANY
 PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
 § 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
   IN  ANY  PROSECUTION  UNDER  SUBDIVISION ONE OF SECTION 265.38 OF THIS
 ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER  IN  FIREARMS,  AT
 THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
 OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
   1.  A  CERTIFICATION  FROM  THE  MANUFACTURER OF SUCH PISTOL DELIVERED
 PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
 PISTOL IS MICROSTAMP-READY; OR
   2. AN EXACT COPY OF SUCH  CERTIFICATION  OBTAINED  BY  THE  DEALER  IN
 FIREARMS  FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND
 REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
   THE DIVISION OF STATE POLICE SHALL PROMULGATE  RULES  AND  REGULATIONS
 GOVERNING  PROCEDURES  AND  STANDARDS FOR EXACT COPIES OF CERTIFICATIONS
 AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
 TURER FOR PURPOSES OF THIS SECTION.
   § 4. Subdivision 5 of section 265.15 of the penal law, as  amended  by
 chapter 695 of the laws of 1987, is amended to read as follows:
   5.  The  possession  by  any person of a defaced machine-gun, firearm,
 rifle or shotgun is presumptive evidence that such  person  defaced  the
 same;  PROVIDED,  HOWEVER,  THAT  THIS  SUBDIVISION  SHALL  NOT APPLY TO
 POSSESSION OF  A  SEMIAUTOMATIC  PISTOL  WHERE  THE  DEFACEMENT  ALLEGED
 CONSISTS  OF  DEFACING  A  MICROSTAMPING  COMPONENT OR MECHANISM OF SUCH
 PISTOL.
   § 5. This act shall take effect January 1, 2023.

Co-Sponsors

view additional co-sponsors

A7926A (ACTIVE) - Details

See Senate Version of this Bill:: S4116
Law Section:: Penal Law
Laws Affected:: Amd §§265.00 & 265.10, add §265.38, Pen L; add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6468, S6005
2011-2012: A1157, S675
2013-2014: A3244, S68
2015-2016: A6192, S1113
2017-2018: A5826, S470
2019-2020: A1251, S2277

A7926A (ACTIVE) - Summary

A7926A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7926--A
                                                         Cal. No. 280
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2021
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, MEEKS, SIMON, EPSTEIN, ZINERMAN,
   GALEF, FERNANDEZ, BURGOS, GOTTFRIED, STECK, SEAWRIGHT,  NIOU  --  read
   once  and  referred  to  the  Committee on Codes -- ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  on  the
   order of third reading
 
 AN  ACT  to  amend the penal law, in relation to requiring semiautomatic
   pistols sold in this state  be  verified  as  a  microstamping-enabled
   pistol;  and  to amend the executive law, in relation to requiring the
   division of criminal justice services  to  certify  the  viability  of
   microstamping-enabled pistols
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 265.00 of the penal law is amended by adding  three
 new subdivisions 33, 34 and 35 to read as follows:
   33.  "MICROSTAMP"  MEANS  A UNIQUE ALPHANUMERIC OR GEOMETRIC CODE THAT
 IDENTIFIES THE MAKE, MODEL, AND SERIAL NUMBER OF A FIREARM.
   34. "MICROSTAMPING COMPONENT" MEANS A COMPONENT PART OF  A  SEMI-AUTO-
 MATIC  PISTOL THAT WILL PRODUCE A MICROSTAMP ON AT LEAST ONE LOCATION OF
 THE EXPENDED CARTRIDGE CASE EACH TIME THE PISTOL IS FIRED.
   35. "MICROSTAMPING-ENABLED PISTOL" MEANS ANY SEMIAUTOMATIC PISTOL THAT
 CONTAINS A MICROSTAMPING COMPONENT.
   § 2. The executive law is amended by adding a  new  section  837-w  to
 read as follows:
   § 837-W. TECHNOLOGICAL VIABILITY OF MICROSTAMPING-ENABLED FIREARMS. 1.
 AS  USED  IN THIS SECTION, THE TERMS "MICROSTAMPING-ENABLED PISTOLS" AND
 "MICROSTAMPING COMPONENTS" SHALL HAVE THE SAME  MEANING  AS  DEFINED  IN
 ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW.
   2.  THE DIVISION OR A DESIGNEE SHALL WITHIN ONE HUNDRED EIGHTY DAYS OF
 THE EFFECTIVE DATE OF THIS SECTION:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02762-14-2
 A. 7926--A                          2

 
   (A) ENGAGE IN AND COMPLETE AN INVESTIGATION TO CERTIFY THE  TECHNOLOG-
 ICAL  VIABILITY  OF  MICROSTAMPING-ENABLED  PISTOLS.  THIS INVESTIGATION
 SHALL INCLUDE LIVE-FIRE TESTING EVIDENCE; AND
   (B)  CERTIFY  OR DECLINE TO CERTIFY THAT MICROSTAMPING-ENABLED PISTOLS
 ARE TECHNOLOGICALLY VIABLE.
   3. FOLLOWING A CERTIFICATION  BY  THE  DIVISION  OR  A  DESIGNEE  THAT
 MICROSTAMPING-ENABLED  PISTOLS  ARE TECHNOLOGICALLY VIABLE, THE DIVISION
 SHALL:
   (A) WITHIN THREE HUNDRED SIXTY-FIVE DAYS  FROM  THE  DATE  OF  CERTIF-
 ICATION  OF  THE  VIABILITY OF SUCH TECHNOLOGY BY DIVISION OR A DESIGNEE
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION, ESTABLISH PERFORMANCE STAN-
 DARDS, QUALIFYING CRITERIA AND TESTING PROTOCOLS APPLICABLE TO THE EXAM-
 INATION AND VERIFICATION OF  MICROSTAMPING-ENABLED  PISTOLS  AND  MICRO-
 STAMPING COMPONENTS;
   (B)  WITHIN  TWO YEARS FROM THE DATE OF CERTIFICATION OF THE VIABILITY
 OF SUCH TECHNOLOGY BY DIVISION OR A DESIGNEE PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, ESTABLISH  AND  IMPLEMENT  VERIFICATION  PROCESSES  FOR
 MICROSTAMPING-ENABLED PISTOLS AND MICROSTAMPING COMPONENTS;
   (C)  WITHIN  TWO YEARS FROM THE DATE OF CERTIFICATION OF THE VIABILITY
 OF SUCH TECHNOLOGY BY DIVISION OR A DESIGNEE PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, ESTABLISH PROCESSES AND STANDARDS FOR THE TRAINING  AND
 LICENSURE OF PERSONS, ASSOCIATIONS, PARTNERSHIPS, CORPORATIONS, OR OTHER
 ENTITIES SO THAT SUCH MAY ENGAGE IN THE BUSINESS OF SERVICING SEMI-AUTO-
 MATIC  PISTOLS  AND  THEIR  COMPONENTS  TO  ENSURE  COMPLIANCE  WITH THE
 REQUIREMENTS OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW; AND
   (D) WITHIN TWO YEARS FROM THE DATE OF CERTIFICATION OF  THE  VIABILITY
 OF SUCH TECHNOLOGY BY DIVISION OR A DESIGNEE PURSUANT TO SUBDIVISION ONE
 OF  THIS  SECTION, DESIGNATE A BODY TO SERVICE SEMIAUTOMATIC PISTOLS AND
 THEIR COMPONENTS TO ENSURE COMPLIANCE WITH THE REQUIREMENTS  OF  ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW.
   4.  THE  DIVISION  SHALL  PROMULGATE  ANY RULE OR REGULATION AS MAY BE
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 3. The penal law is amended by adding a new section 265.38  to  read
 as follows:
 § 265.38 UNLAWFUL SALE OF A NON-MICROSTAMPING-ENABLED FIREARM.
   1.  IT  SHALL  BE  UNLAWFUL  FOR ANY DEALER IN FIREARMS LICENSED UNDER
 SECTION 400.00 OF THIS CHAPTER, TO SELL, OFFER FOR SALE, EXCHANGE, GIVE,
 TRANSFER OR DELIVER ANY SEMIAUTOMATIC PISTOL UNLESS SUCH PISTOL HAS BEEN
 VERIFIED AS A MICROSTAMPING-ENABLED PISTOL. A PISTOL MAY BE VERIFIED  AS
 MICROSTAMPING-ENABLED IF IT CONTAINS A MICROSTAMP COMPONENT INSTALLED BY
 ITS  MANUFACTURER OR   BY A STATE LICENSED PERSON, ASSOCIATION, PARTNER-
 SHIP, CORPORATION, OR OTHER ENTITY IN COMPLIANCE  WITH  STATE  STANDARDS
 ESTABLISHED  BY  THE  COMMISSIONER  OF  THE DIVISION OF CRIMINAL JUSTICE
 SERVICES OR THEIR DESIGNEE. THE PROVISIONS OF  THIS  SECTION  SHALL  NOT
 APPLY  TO  A  PISTOL  MANUFACTURED  PRIOR  TO THE EFFECTIVE DATE OF THIS
 SECTION.
   2. (A) THE FIRST VIOLATION FOR UNLAWFUL SALE OF  A  NON-MICROSTAMPING-
 ENABLED  PISTOL  PURSUANT  TO THIS SECTION SHALL BE PUNISHABLE ONLY BY A
 FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS AND MAY RESULT IN  A  SUSPEN-
 SION  OR  REVOCATION OF THE DEALER'S LICENSE ISSUED UNDER SECTION 400.00
 OF THIS CHAPTER.
   (B) THE SECOND VIOLATION FOR UNLAWFUL SALE OF A NON-MICROSTAMPING-ENA-
 BLED PISTOL PURSUANT TO THIS SECTION SHALL BE PUNISHABLE ONLY BY A  FINE
 OF NOT MORE THAN FIVE THOUSAND DOLLARS AND MAY RESULT IN A SUSPENSION OR
 REVOCATION  OF  THE DEALER'S LICENSE ISSUED UNDER SECTION 400.00 OF THIS
 CHAPTER.
 A. 7926--A                          3
 
   (C) THE THIRD VIOLATION FOR UNLAWFUL SALE OF A  NON-MICROSTAMPING-ENA-
 BLED  PISTOL PURSUANT TO THIS SECTION IS A CLASS A MISDEMEANOR AND SHALL
 RESULT IN A SUSPENSION OR REVOCATION  OF  THE  DEALER'S  LICENSE  ISSUED
 UNDER SECTION 400.00 OF THIS CHAPTER.
   § 4. Section 265.10 of the penal law is amended by adding a new subdi-
 vision 9 to read as follows:
   9.  ANY  PERSON  WHO MODIFIES A MICROSTAMPING-ENABLED PISTOL OR MICRO-
 STAMPING COMPONENT WITH THE INTENT TO PREVENT THE PRODUCTION OF A MICRO-
 STAMP IS, FOR A FIRST OFFENSE, GUILTY OF A CLASS B MISDEMEANOR, AND  FOR
 A SECOND OR SUBSEQUENT OFFENSE, IS GUILTY OF A CLASS A MISDEMEANOR.  FOR
 THE  PURPOSES  OF  THIS SUBDIVISION, IT SHALL NOT BE UNLAWFUL TO REPLACE
 THE MICROSTAMPING COMPONENT OF A MICROSTAMPING-ENABLED PISTOL  WHEN  THE
 COMPONENT IS DAMAGED OR IN NEED OF REPLACEMENT WITH ANOTHER VALID MICRO-
 STAMPING COMPONENT FOR THE SAFE USE OF THE FIREARM OR REPLACING SUCH PIN
 FOR  A LEGITIMATE SPORTING PURPOSE THAT IS ONLY USED FOR THAT LEGITIMATE
 PURPOSE.
   § 5.  This act shall take effect immediately, provided, however,  that
 section  three  of  this act shall take effect 4 years after the certif-
 ication that microstamping-enabled pistols are technologically viable by
 the division of criminal justice services or a designee or 1 year  after
 a person, association, partnership, corporation or other entity has been
 licensed  to  engage  in  the  business  of servicing firearms and their
 components to ensure compliance  with  the  requirements  of  this  act,
 whichever is earlier, and provided that the commissioner of the division
 of  criminal justice services shall notify the legislative bill drafting
 commission upon such certification in  order  that  the  commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.

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The New York State Senate

assembly Bill A7926A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2022 - floor Vote

Floor Vote: Jun 2, 2022

Bill Amendments

Co-Sponsors

A7926 - Details

A7926 - Summary

A7926 - Bill Text download pdf

Co-Sponsors

A7926A (ACTIVE) - Details

A7926A (ACTIVE) - Summary

A7926A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A7926A

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Sponsored By

ROSENTHAL L

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2022 - floor Vote

Floor Vote: Jun 2, 2022

Bill Amendments

Co-Sponsors

Demond Meeks

Diana Richardson

Jo Anne Simon

Harvey Epstein

Stefani Zinerman

Sandy Galef

Nathalia Fernandez

Kenny Burgos

Richard Gottfried

Phil Steck

Rebecca Seawright

Yuh-Line Niou

A7926 - Details

A7926 - Summary

A7926 - Bill Text download pdf

Co-Sponsors

Demond Meeks

Diana Richardson

Jo Anne Simon

Harvey Epstein

Stefani Zinerman

Sandy Galef

Nathalia Fernandez

Kenny Burgos

Richard Gottfried

Phil Steck

Rebecca Seawright

Yuh-Line Niou

Kenneth Zebrowski

Thomas Abinanti

Robert C. Carroll

Amy Paulin

Emily Gallagher

Jeffrey Dinowitz

Patricia Fahy

Dan Quart

William Colton

Judy Griffin

Alicia Hyndman

J. Gary Pretlow

Chris Burdick

Daniel O'Donnell

Deborah Glick

Eddie Gibbs

Jonathan Jacobson

Karen McMahon

Steven Otis

Michaelle C. Solages

Philip Ramos

Steven Cymbrowitz

Latrice Walker

Michael Benedetto

Charles Lavine

David Weprin

Crystal Peoples-Stokes

Taylor Darling

Rodneyse Bichotte Hermelyn

Gina Sillitti

A7926A (ACTIVE) - Details

A7926A (ACTIVE) - Summary

A7926A (ACTIVE) - Bill Text download pdf

Comments