A03200 Summary:

BILL NO    A03200 

SAME AS    Same as S 2953

SPONSOR    Benjamin

COSPNSR    

MLTSPNSR   

Add S396-gg, Gen Bus L; add S265.45, Pen L; add S91-h, St Fin L; amd S210, Tax
L

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

A03200 Actions:

BILL NO    A03200 

01/23/2009 referred to codes
01/06/2010 referred to codes

A03200 Votes:

A03200 Memo:

 BILL NUMBER:  A3200

 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; to amend the state finance law, in relation
to establishing the ammunition coding system database fund; and to
amend the tax law, in relation to establishing a tax credit for
manufacturers or dealers who exchange old uncoded ammunition for new
coded ammunition


 PURPOSE OR GENERAL IDEA OF BILL :
To establish a statewide database to track coded ammunition
manufactured and sold for handguns and assault rifles.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 - - Legislative Findings.

Section 2 - - Definitions.

Section 3 - - The General Business law is amended by adding a new
section 396-gg. This section establishes the ammunition coding system
database. The New York State Police is responsible for establishing
and maintaining an ammunition coding system database containing
information from the following: the manufacturing registry for coding
ammunition and the vender registry for tracking individuals who
purchase firearms with these codes. The ammunition coding system will
be reserved for key law enforcement personnel and will be released
only in connection with a criminal investigation. The cost of
maintaining the dataset shall be funded by the ammunition coding
system database fund established pursuant to section ninety-one-h of
the state finance law. Vendors shall charge an additional $.005 per
bullet or round of ammunition to the purchaser. Such moneys shall be
deposited into the fund. Fines will be leveled against any
manufacturer or vendor due to non-compliance.

The penal law is amended by adding a new section 265.45 which would
make unlawful sale or possession of uncoded ammunition a Class A
misdemeanor.

The state finance law is amended by adding a new section 91-h creating
the joint custody of the comptroller and the commissioner of taxation
and finance, a fund to be known as the ammunition coding system
database.

Section 210 of the tax law is amended by adding a new subdivision 41
to provide a credit exchange for uncoded ammunition.

 JUSTIFICATION :
Each year in the United States, more than 30% of all homicides that
involve a gun go unsolved.  Current technology for matching a bullet
used in a crime to the gun that fired it has worked moderately well
for years, but presupposes that the weapon was recovered by law
enforcement. This legislation would establish the Ammunition
Accountability Act, which would give law enforcement a new and
effective way to quickly identify persons of interest in gun crime
investigations.

This bill would require all handgun and assault weapon ammunition
manufactured or sold in the state to be coded by the manufacturer.
Manufacturers and vendors would be required to maintain data on each
weapon and the ammunition. Access to the database would be reserved
for key law enforcement personnel and to be released only in
connection with a criminal investigation. Any vendor or manufacturer
that fails to comply with the provisions of this law would be fined
based on the number of violations. The database will be funded at an
estimated $.005 per bullet sold.

 PRIOR LEGISLATIVE HISTORY :
2007-08 (A10259)

 FISCAL IMPLICATIONS :
Undetermined.

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