BILL NO A03244
SAME AS SAME AS S00068
SPONSOR Schimel (MS)
COSPNSR Englebright, Kavanagh, Lavine, Gibson, Scarborough, Titus, Abinanti,
Wright, Heastie, Aubry, McDonald, Cymbrowitz, Rosenthal, Rozic,
Kellner, Steck, DenDekker, Ramos, Quart, Maisel, Crespo,
Peoples-Stokes, Weprin, Espinal, Brook-Krasny, Moya, Camara, Ortiz,
MLTSPNSR 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
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.
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
PURPOSE OR GENERAL IDEA OF BILL: Requires all semiautomatic pistols
manufactured on or after January 1st, 2014 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 be used to
identify the make, model, and serial number of the pistol.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 contains the. short title of
the act, the "Crime Gun Identification Act of 2012."
Section 2 of the bill contains the Legislative Findings and Intent.
Section 3 of the bill adds two new subdivisions 24 and 25 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
defacing 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 been defaced. Section 6 expressly
excludes from defacing a semiautomatic pistol (1) modifications made
to such pistol to render it microstamp-ready, or (2) replacing a
firing pin of a micro-stamp ready semiautomatic pistol when the pin is
damaged or in need of replacement for the safe use of the pistol, or
replacing such pin for a legitimate sporting purpose.
Section 5 of the bill adds two new sections 265.38 and 265.39 to the
penal law. Section 265.38 would prohibit (1) the sale, offer for sale,
exchange, giving, transfer or delivery of a semiautomatic pistol
manufactured after January 1, 2014 by a dealer in firearms to any
person other than a dealer in firearms, unless such pistol is
micro-stamp ready and (2) any manufacturer or wholesale dealer from
delivering a semiautomatic pistol manufactured after January 1, 2014
to any person in this state, unless the pistol is certified by the
manufacturer as micro-stamp ready in accordance with rules and
regulations promulgated by the division of state police. A violation
of Section 265.38 is a class B misdemeanor; 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, 2014, are in
possession of the manufacturer's certification that such pistol is
microstamp-ready, or an exact copy of such certification.
Section 6 of the bill amends subdivision 5 of section 265.16 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 through
cartridge cases found at crime scenes.
Microstamping represents a significant advancement over existing
ballistic identification technology. Became the technology of micros
tamping stamps 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
nun. 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
On October 13, 2007, California Governor Arnold Schwarzenegger signed
into law the 'Crime Gun Identification Act of 2007, "mandating
manufacturer "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. The certification
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 1st, 2015, 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
price of twelve dollars or less at a production level of one thousand
semiautomatic pistols per batch. The division of state police is
authorized to promulgate necessary rules and regulations upon passage
of the act.
S T A T E O F N E W Y O R K
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, GIBSON,
SCARBOROUGH, TITUS, ABINANTI, WRIGHT, HEASTIE, AUBRY -- Multi-Spon-
sored by -- M. of A. BRENNAN, CLARK, COLTON, COOK, DINOWITZ, GLICK,
GOTTFRIED, HEVESI, HOOPER, JACOBS, JAFFEE, MARKEY, PAULIN, PERRY,
PRETLOW, RA, WEISENBERG -- read once and referred to the Committee on
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 2013".
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
15 to match the cartridge casing found at a crime to the original owner of
16 the firearm; that information from completed crime gun tracing is an
17 important element utilized by COMPSTAT and other crime analysis systems
18 to target illegal firearms trafficking; that microstamping technology
19 continues to produce identifiable markings onto expended cartridge
20 casings even after thousands of rounds of testing; that this additional
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 3244 2
1 tool will help law enforcement investigate illegal gun trafficking,
2 close firearm-related criminal cases and protect the public; and that
3 legislative action is necessary to require all new semiautomatic pistols
4 sold after January 1, 2015 to be microstamp-ready.
5 S 3. Section 265.00 of the penal law is amended by adding two new
6 subdivisions 24 and 25 to read as follows:
7 24. "MICROSTAMP-READY," WHEN USED WITH REFERENCE TO A SEMIAUTOMATIC
8 PISTOL, MEANS THAT SUCH PISTOL IS MANUFACTURED TO PRODUCE A UNIQUE
9 ALPHA-NUMERIC OR GEOMETRIC CODE ON AT LEAST TWO LOCATIONS ON EACH
10 EXPENDED CARTRIDGE CASE THAT IDENTIFIES THE MAKE, MODEL, AND SERIAL
11 NUMBER OF THE PISTOL.
12 25. "MICROSTAMPING COMPONENT OR MECHANISM," WHEN USED WITH REFERENCE
13 TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
14 DESIGNED AND INTENDED TO PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC
15 CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
16 AL NUMBER OF THE PISTOL.
17 S 4. Subdivision 6 of section 265.10 of the penal law, as amended by
18 chapter 189 of the laws of 2000, is amended to read as follows:
19 6. (A) Any person who wilfully defaces any machine-gun, large capacity
20 ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
21 COMPONENT OR MECHANISM OF A SEMIAUTOMATIC PISTOL AS DESCRIBED IN SUBDI-
22 VISION TWENTY-FIVE OF SECTION 265.00 OF THIS ARTICLE, is guilty of a
23 class D felony.
24 (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
25 TER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR DELIVERS
26 A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR MECH-
27 ANISM OF SUCH PISTOL AS DESCRIBED IN SUBDIVISION TWENTY-FIVE OF SECTION
28 265.00 OF THIS ARTICLE HAS BEEN DEFACED, IS GUILTY OF A CLASS A MISDE-
29 MEANOR. FOR PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMATIC
30 PISTOL DOES NOT INCLUDE (1) MODIFYING A SEMIAUTOMATIC PISTOL TO RENDER
31 IT MICROSTAMP-READY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
32 TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE OR (2) REPLACING THE
33 FIRING PIN OF A SEMIAUTOMATIC PISTOL THAT IS MICROSTAMP-READY WHEN SUCH
34 PIN IS DAMAGED OR IN NEED OF REPLACEMENT FOR THE SAFE USE OF SUCH
35 PISTOL, OR REPLACING SUCH PIN FOR A LEGITIMATE SPORTING PURPOSE.
36 S 5. The penal law is amended by adding two new sections 265.38 and
37 265.39 to read as follows:
38 S 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
39 IT SHALL BE UNLAWFUL:
40 1. FOR ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS
41 CHAPTER, TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER A
42 SEMIAUTOMATIC PISTOL MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOU-
43 SAND FIFTEEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS SUCH
44 PISTOL IS MICROSTAMP-READY; OR
45 2. FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO BE
46 DELIVERED TO ANY PERSON IN THIS STATE, A SEMIAUTOMATIC PISTOL MANUFAC-
47 TURED AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, UNLESS THE MANUFACTURER
48 CERTIFIES TO SUCH PERSON AT THE TIME OF SUCH DELIVERY, IN ACCORDANCE
49 WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE,
50 THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND REGULATIONS SHALL
51 INCLUDE A REQUIREMENT THAT, AS PART OF THE CERTIFICATION, THE MANUFAC-
52 TURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL.
53 A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
54 PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
55 SALE DEALER OR A MANUFACTURER, WHO VIOLATES ANY PROVISION OF THIS
A. 3244 3
1 SECTION AFTER HAVING PREVIOUSLY BEEN CONVICTED OF VIOLATING ANY
2 PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
3 S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
4 IN ANY PROSECUTION UNDER SUBDIVISION ONE OF SECTION 265.38 OF THIS
5 ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER IN FIREARMS, AT
6 THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
7 OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
8 1. A CERTIFICATION FROM THE MANUFACTURER OF SUCH PISTOL DELIVERED
9 PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
10 PISTOL IS MICROSTAMP-READY; OR
11 2. AN EXACT COPY OF SUCH CERTIFICATION OBTAINED BY THE DEALER IN
12 FIREARMS FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND
13 REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
14 THE DIVISION OF STATE POLICE SHALL PROMULGATE RULES AND REGULATIONS
15 GOVERNING PROCEDURES AND STANDARDS FOR EXACT COPIES OF CERTIFICATIONS
16 AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
17 TURER FOR PURPOSES OF THIS SECTION.
18 S 6. Subdivision 5 of section 265.15 of the penal law, as amended by
19 chapter 695 of the laws of 1987, is amended to read as follows:
20 5. The possession by any person of a defaced machine-gun, firearm,
21 rifle or shotgun is presumptive evidence that such person defaced the
22 same, PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT APPLY TO
23 POSSESSION OF A SEMIAUTOMATIC PISTOL WHERE THE DEFACEMENT ALLEGED
24 CONSISTS OF DEFACING A MICROSTAMPING COMPONENT OR MECHANISM OF SUCH
26 S 7. This act shall take effect January 1, 2015, or at such time that
27 the superintendent of the state police has received written notice from
28 one or more microstamp job shops that such shop or shops are willing and
29 prepared to produce microstamp structures on two internal surfaces of a
30 semiautomatic pistol in accordance with subdivision 24 of section 265.00
31 of the penal law for a price of twelve dollars or less at a production
32 level of one thousand semiautomatic pistols per batch, whichever occurs
33 later; provided that the division of state police shall notify the
34 legislative bill drafting commission upon the occurrence of the receipt
35 of the written notice provided for in this section in order that the
36 commission may maintain an accurate and timely effective data base of
37 the official text of the laws of the state of New York in furtherance of
38 effectuating the provisions of this act, and provided further, that
39 effective immediately the superintendent of the state police shall
40 promulgate rules and regulations necessary for the implementation of
41 this act.