A03244 Summary:

BILL NO    A03244A

SAME AS    SAME AS S00068-A

SPONSOR    Schimel (MS)

COSPNSR    Englebright, Kavanagh, Lavine, Scarborough, Titus, Abinanti, Wright,
           Heastie, Aubry, McDonald, Cymbrowitz, Rosenthal, Rozic, Kellner,
           Steck, DenDekker, Ramos, Quart, Crespo, Peoples-Stokes, Weprin,
           Brook-Krasny, Moya, Camara, Ortiz, Lentol, Rodriguez, Mosley,
           Pichardo, Davila

MLTSPNSR   Arroyo, Benedetto, Braunstein, Brennan, Clark, Colton, Cook,
           Dinowitz, Fahy, Glick, Gottfried, Hevesi, Hooper, Jacobs, Jaffee,
           Lifton, Markey, McKevitt, Nolan, O'Donnell, Paulin, Perry, Pretlow,
           Ra, Rivera, Robinson, Weisenberg

Amd SS265.00, 265.10 & 265.15, add SS265.38 & 256.39, Pen L

Requires semiautomatic pistols manufactured or delivered to any licensed dealer
in this state to be capable of microstamping ammunition; establishes fines for
violations of this requirement and provides for an affirmative defense if the
dealer had a certification from the manufacturer.
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A03244 Actions:

BILL NO    A03244A

01/24/2013 referred to codes
01/08/2014 referred to codes
01/30/2014 amend and recommit to codes
01/30/2014 print number 3244a
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A03244 Votes:

There are no votes for this bill in this legislative session.
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A03244 Memo:

BILL NUMBER:A3244A

TITLE OF BILL:  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

PURPOSE OR GENERAL IDEA OF BILL:

Requires all semiautomatic pistols manufactured or delivered to any
licensed dealer in the state on or after January 1, 2016 to be capable
of producing a unique alpha-numeric or geometric code on at least two
locations on each cartridge case expended from such pistol which can
identify the make, modal and serial number of the pistol.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 contains the short title of the act, the "Crime Gun Identifi-
cation Act of 2014."

Section 2 of the bill contains the Legislative Findings and intent.

Section 3 of the bill adds two new subdivisions 26 and 27 to section
265.00 of the penal law to define the terms  microstamp-ready" and
"microstamping component or mechanism."

Section 4 of the bill amends subdivision 6 of section 265.10 of the
penal law to clarify that the existing class D felony offense of defac-
ing 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 component or mechanism of such pistol has
bean defaced. Section 6 expressly excludes from defacing a semiautomatic
pistol (1) modifications made to such pistol to render it microstamo
ready, or (2) replacing a firing pin of a micro-stamp ready semiautomat-
ic Pistol when the pin is damaged or in need of replacement for the safe
use of the pistol, or replacing such nin for a legitimate sporting
purpose.

Section 5 of the bill adds two new sections 265.38 and 265.39 to the
penal law. Section 265.36 would Prohibit (1) the sale, offer for sale,
exchange, giving, transfer or delivery of a semiautomatic pistol manu-
factured after January 1, 2016 by a dealer in firearms to any person
other than o dealer in firearms, unless such pistol is micro-stamp ready
and (2) any manufacturer or wholesale dealer from delivering a semiauto-
matic pistol manufactured after January 1, 2016 to any parson in this
state, unless the pistol is certified by the manufacturer as micro-stamp
ready in accordance with rules and regulations promulgated by the divi-
sion of state police. A violation of Section 2E5.38 is a class B misde-
meanor; 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 affirmative 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, 2016, are in possession of the manufactur-
er's certification that such pistol is microstamo-ready, or an exact
copy of such certification.

Section 6 of the bill amends subdivision 5 of section 265.15 of the
penal law to make the presumption that applies to possession of defaced
guns inapplicable to semi-automatic pistols where the sole defacement
consists of defacing a microstamping component or mechanism of such
pistol.

Section 7 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.

Microstamping represents a significant advancement over existing ballis-
tic identification technology. Because the technology of rnicrostamping
imprints the identifying characteristics of a firearm onto every
cartridge ejected from the gun, investigators need only recover the
cartridges at a crime scene to be able to identify the actual crime gun.
Current ballistics identification technology is much more limited. While
it can be used to compare ballistic evidence recovered at crime scenes,
it cannot lead investigators directly to a specific firearm that
produced the ballistic fingerprint, unless that firearm is recovered.

On October 12, 2007, California Governor Arnold Schwarzenegger signed
into law the "Crime Gun Identification Act of 2007, "mandating manufac-
turer 'microstamping" of all new models of semiautomatic handgun models
sold in California starting in 2010. Numerous other states are also
considering microstamping legislation.

PRIOR LEGISLATIVE HISTORY:

2008: A.9819-A Passed Assembly
2010: A.6468-C Passed Assembly
2012: A.1157-B-Passed Assembly

FISCAL IMPLICATIONS:

This legislation will not impose new costs on the State of New York. No
new database is required; process contained in the bill is entirely
industry based. Manufacturers will incur minimal costs to adopt the new
technology.

EFFECTIVE DATE:

The act would take effect January 1. 2016, or at such time that the
division of state police receive written notice from a microstamp job
shop that such shop can produce microstamp structures on two internal
surfaces of a semiautomatic pistol for a trice of twelve dollars or less
at a production level of one thousand semiautomatic pistols per batch,
whichever occurs later. The division of state police is authorized to
promulgate necessary rules and regulations upon Passage of the act.
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A03244 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3244--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 24, 2013
                                      ___________

       Introduced  by M. of A. SCHIMEL, ENGLEBRIGHT, KAVANAGH, LAVINE, SCARBOR-
         OUGH, TITUS, ABINANTI, WRIGHT, HEASTIE, AUBRY,  McDONALD,  CYMBROWITZ,
         ROSENTHAL,  ROZIC,  KELLNER,  STECK,  DenDEKKER, RAMOS, QUART, CRESPO,
         PEOPLES-STOKES, WEPRIN, BROOK-KRASNY,  MOYA,  CAMARA,  ORTIZ,  LENTOL,
         RODRIGUEZ  --  Multi-Sponsored  by  --  M.  of  A.  ARROYO, BENEDETTO,
         BOYLAND, BRAUNSTEIN, BRENNAN, CLARK,  COLTON,  COOK,  DINOWITZ,  FAHY,
         GLICK,  GOTTFRIED,  HEVESI,  HOOPER,  JACOBS,  JAFFEE, LIFTON, MARKEY,
         McKEVITT,  MOSLEY,  NOLAN,  O'DONNELL,  PAULIN,  PERRY,  PRETLOW,  RA,
         RIVERA,  ROBINSON, WEISENBERG -- read once and referred to the Commit-
         tee on Codes -- recommitted to the Committee on  Codes  in  accordance
         with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee

       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:

    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "crime gun identification act of 2014".
    3    S  2.  Legislative  findings and intent. The legislature finds that in
    4  2005, the national clearance rate for homicide cases  was  approximately
    5  60%  and  over  3,000 gun homicide cases went unsolved; that in approxi-
    6  mately half of gun homicide investigations a spent cartridge casing, but
    7  not a firearm, is recovered at the crime scene; that currently  deployed
    8  national  ballistic  identification  systems  cannot identify the serial
    9  number of a gun unless the gun itself has been recovered;  that  firearm
   10  microstamping  is  a  revolutionary forensic technology that produces an
   11  identifiable alpha-numeric and geometric  code  onto  the  rear  of  the
   12  cartridge  casing  each  time  a semiautomatic pistol is fired; that the
   13  alpha-numeric and geometric code on an expended  cartridge  casing  will
   14  provide  an initial lead for law enforcement by enabling law enforcement

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01084-04-4
       A. 3244--A                          2

    1  to match the cartridge casing found at a crime to the original owner  of
    2  the  firearm;  that  information  from completed crime gun tracing is an
    3  important element utilized by COMPSTAT and other crime analysis  systems
    4  to  target  illegal  firearms trafficking; that microstamping technology
    5  continues to  produce  identifiable  markings  onto  expended  cartridge
    6  casings  even after thousands of rounds of testing; that this additional
    7  tool will help law  enforcement  investigate  illegal  gun  trafficking,
    8  close  firearm-related  criminal  cases and protect the public; and that
    9  legislative action is necessary to require all new semiautomatic pistols
   10  sold after January 1, 2016 to be microstamp-ready.
   11    S 3. Section 265.00 of the penal law is  amended  by  adding  two  new
   12  subdivisions 26 and 27 to read as follows:
   13    26.  "MICROSTAMP-READY",  WHEN  USED WITH REFERENCE TO A SEMIAUTOMATIC
   14  PISTOL, MEANS THAT SUCH PISTOL  IS  MANUFACTURED  TO  PRODUCE  A  UNIQUE
   15  ALPHA-NUMERIC  OR  GEOMETRIC  CODE  ON  AT  LEAST  TWO LOCATIONS ON EACH
   16  EXPENDED CARTRIDGE CASE THAT IDENTIFIES  THE  MAKE,  MODEL,  AND  SERIAL
   17  NUMBER OF THE PISTOL.
   18    27.  "MICROSTAMPING  COMPONENT OR MECHANISM", WHEN USED WITH REFERENCE
   19  TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
   20  DESIGNED AND INTENDED TO PRODUCE A  UNIQUE  ALPHA-NUMERIC  OR  GEOMETRIC
   21  CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
   22  AL NUMBER OF THE PISTOL.
   23    S  4.  Subdivision 6 of section 265.10 of the penal law, as amended by
   24  chapter 189 of the laws of 2000, is amended to read as follows:
   25    6. (A) Any person who wilfully defaces any machine-gun, large capacity
   26  ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
   27  COMPONENT OR MECHANISM OF A SEMIAUTOMATIC PISTOL, is guilty of a class D
   28  felony.
   29    (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
   30  TER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR  DELIVERS
   31  A  SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR MECH-
   32  ANISM OF SUCH PISTOL HAS BEEN DEFACED, IS GUILTY OF A CLASS A  MISDEMEA-
   33  NOR.  FOR  PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMATIC PISTOL
   34  DOES NOT INCLUDE (1) MODIFYING  A  SEMIAUTOMATIC  PISTOL  TO  RENDER  IT
   35  MICROSTAMP-READY  OR  (2)  REPLACING  THE  FIRING PIN OF A SEMIAUTOMATIC
   36  PISTOL THAT IS MICROSTAMP-READY WHEN SUCH PIN IS DAMAGED OR IN  NEED  OF
   37  REPLACEMENT FOR THE SAFE USE OF SUCH PISTOL, OR REPLACING SUCH PIN FOR A
   38  LEGITIMATE SPORTING PURPOSE.
   39    S  5.  The  penal law is amended by adding two new sections 265.38 and
   40  265.39 to read as follows:
   41  S 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
   42    IT SHALL BE UNLAWFUL:
   43    1. FOR ANY DEALER IN FIREARMS LICENSED UNDER SECTION  400.00  OF  THIS
   44  CHAPTER,  TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER A
   45  SEMIAUTOMATIC PISTOL MANUFACTURED ON OR AFTER JANUARY FIRST,  TWO  THOU-
   46  SAND  SIXTEEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS SUCH
   47  PISTOL IS MICROSTAMP-READY; OR
   48    2. FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO  BE
   49  DELIVERED  TO  ANY PERSON IN THIS STATE, A SEMIAUTOMATIC PISTOL MANUFAC-
   50  TURED AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, UNLESS THE MANUFACTURER
   51  CERTIFIES TO SUCH PERSON AT THE TIME OF  SUCH  DELIVERY,  IN  ACCORDANCE
   52  WITH  RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE,
   53  THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND  REGULATIONS  SHALL
   54  INCLUDE  A  REQUIREMENT THAT, AS PART OF THE CERTIFICATION, THE MANUFAC-
   55  TURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL.
       A. 3244--A                          3

    1    A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
    2  PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
    3  SALE DEALER OR A  MANUFACTURER,  WHO  VIOLATES  ANY  PROVISION  OF  THIS
    4  SECTION   AFTER  HAVING  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  ANY
    5  PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
    6  S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
    7    IN  ANY  PROSECUTION  UNDER  SUBDIVISION ONE OF SECTION 265.38 OF THIS
    8  ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER  IN  FIREARMS,  AT
    9  THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
   10  OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
   11    1.  A  CERTIFICATION  FROM  THE  MANUFACTURER OF SUCH PISTOL DELIVERED
   12  PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
   13  PISTOL IS MICROSTAMP-READY; OR
   14    2. AN EXACT COPY OF SUCH  CERTIFICATION  OBTAINED  BY  THE  DEALER  IN
   15  FIREARMS  FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND
   16  REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
   17    THE DIVISION OF STATE POLICE SHALL PROMULGATE  RULES  AND  REGULATIONS
   18  GOVERNING  PROCEDURES  AND  STANDARDS FOR EXACT COPIES OF CERTIFICATIONS
   19  AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
   20  TURER FOR PURPOSES OF THIS SECTION.
   21    S 6. Subdivision 5 of section 265.15 of the penal law, as  amended  by
   22  chapter 695 of the laws of 1987, is amended to read as follows:
   23    5.  The  possession  by  any person of a defaced machine-gun, firearm,
   24  rifle or shotgun is presumptive evidence that such  person  defaced  the
   25  same;  PROVIDED,  HOWEVER,  THAT  THIS  SUBDIVISION  SHALL  NOT APPLY TO
   26  POSSESSION OF  A  SEMIAUTOMATIC  PISTOL  WHERE  THE  DEFACEMENT  ALLEGED
   27  CONSISTS  OF  DEFACING  A  MICROSTAMPING  COMPONENT OR MECHANISM OF SUCH
   28  PISTOL.
   29    S 7. This act shall take effect January 1, 2016, or at such time  that
   30  the  superintendent of the state police has received written notice from
   31  one or more microstamp job shops that such shop or shops are willing and
   32  prepared to produce microstamp structures on two internal surfaces of  a
   33  semiautomatic  pistol  as defined in subdivision 26 of section 265.00 of
   34  the penal law for a price of twelve dollars  or  less  at  a  production
   35  level  of one thousand semiautomatic pistols per batch, whichever occurs
   36  later; provided that the division  of  state  police  shall  notify  the
   37  legislative  bill drafting commission upon the occurrence of the receipt
   38  of the written notice provided for in this section  in  order  that  the
   39  commission  may  maintain  an accurate and timely effective data base of
   40  the official text of the laws of the state of New York in furtherance of
   41  effectuating the provisions of this  act,  and  provided  further,  that
   42  effective  immediately  the  superintendent  of  the  state police shall
   43  promulgate rules and regulations necessary  for  the  implementation  of
   44  this act.
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