A06252 Summary:

BILL NO    A06252 

SAME AS    Same as Uni. S 2741

SPONSOR    Ortiz (MS)

COSPNSR    Jeffries, Koon, Benedetto, Brook-Krasny, Benjamin, Dinowitz, Camara,
           Schroeder, Clark, Boyland, Hooper, Peoples-Stokes, Kavanagh

MLTSPNSR   Gottfried, Lavine, Maisel, Markey, McEneny, Millman, O'Donnell,
           Pheffer, Towns, Weisenberg

Add S396-gg, Gen Bus L; add S265.45, Pen L; add S91-h, St Fin L

Establishes a statewide database to maintain and track coded ammunition;
establishes penalties for individuals who violate such provisions; also
establishes the ammunition coding system database fund.

A06252 Actions:

BILL NO    A06252 

02/27/2009 referred to codes
01/06/2010 referred to codes

A06252 Votes:

A06252 Memo:

 BILL NUMBER:  A6252

 TITLE OF BILL :  An act to amend the general business law and the
penal law, in relation to establishing a statewide database to
maintain and track coded ammunition and establishing penalties for
individuals who violate such provisions; and to amend the state
finance law, in relation to establishing the ammunition coding system
database fund

 PURPOSE :

This legislation would require all manufacturers to use an Ammunition
Coding System (ACS) on all handgun and assault weapon ammunition sold
in New York State; establishes an ACS database containing manufacturer
and vendor registries, funded through an ACS Database Fund under the
control of the State Comptroller and the Department of Taxation and
Finance; and provides penalties for unlawful sale of un-coded
ammunition.

 SUMMARY OF PROVISIONS :

Section 1 provides Legislative findings.

Section 2 adds a new Section 396-gg to the General Business Law
charging the Division of Criminal Justice Services with the
responsibility for establishing and maintaining an Ammunition Coding
System database, containing a manufacturer registry and a vendor
registry, to be operational no later than January 1, 2009.

It also restricts access to the registry to key law enforcement
personnel, and only in connection with a criminal investigation, and
establishes a funding stream under a new Section 91-g of the State
Finance Law (see Section 4). It requires any person in possession of
non-coded ammunition to dispose of it no later that January 1, 2010,
and establishes penalties for noncompliance for manufacturers and
vendors.

Section 3 adds a new Section 265.45 to the Penal Law establishing
unlawful sale of un-coded ammunition after in violation of the
provisions of this bill as a Class A misdemeanor.

Section 4 adds a new Section 91-g to the State Finance Law creating
the Ammunition Coding System Database Fund in the joint custody of the
State Comptroller and the Commissioner of Taxation and Finance.
Moneys from the Fund are payable by.the State Comptroller on vouchers
approved and certified by the Division of Criminal Justice Services.

Section 5 is the effective date of 90 days after the bill becomes law.

 JUSTIFICATION :
According to the United States Department of Justice, there is more
than a 30% chance of never finding the killer in homicides involving a
firearm, and handgun ammunition accounts for about 80 percent of all
ammunition sold in the United States.

New York State law requires gun stores to provide law enforcement with
a sample bullet/cartridge prior to the sale of a handgun so the state
may create a digital image for future gun tracing, known as "ballistic
fingerprinting." Ballistic fingerprinting can match a bullet/cartridge
recovered by police at a crime scene to the gun that fired it. But the
state does not ballistic fingerprint assault rifles, and ballistic
fingerprinting can't identify the millions of guns currently owned. In
addition, if ballistic evidence cannot be quickly linked to a gun used
in a crime, and the gun is not recovered and quickly linked to a
suspect, the chance of arresting the perpetrator is far less likely.

The Ammunition Coding System (ACS) assigns a unique code that is
micro-laser engraved on every factory-produced round of ammunition
manufactured. The code is etched on both the projectile and the inside
of the cartridge casing, with each code common to a single box of
cartridges and unique from all other ammunition sold. By recording
sales records, law enforcement personnel will be able to easily trace
the ammunition involved in a crime and have an avenue to pursue and
solve even the most difficult cases.

 LEGISLATIVE HISTORY :
S3731 ADAMS Same as Ortiz (MS) A7300 General Business law
TITLE...Requires manufacturers to sue a coding system on all handgun
and assault weapon ammunition 03/14/07 REFERRED TO CONSUMER PROTECTION
01/09/08 REFERRED TO CONSUMER PROTECTION

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Ninety days after the bill becomes law.