S T A T E O F N E W Y O R K
________________________________________________________________________
2572
2023-2024 Regular Sessions
I N A S S E M B L Y
January 26, 2023
___________
Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
tee on Correction
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 24 to read as follows:
24. (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.
LBD02778-01-3
A. 2572 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.