A04025 Summary:

BILL NOA04025
 
SAME ASSAME AS S01467
 
SPONSORCamara (MS)
 
COSPNSRGottfried, Jaffee, Maisel, Robinson, Colton, Cook, Castro, Peoples-Stokes
 
MLTSPNSRLopez V, Mayersohn, Pheffer, Ra, Rivera J, Saladino, Titone, Towns, Weisenberg
 
Amd S396-ff, Gen Bus L
 
Increases the types of firearms that are to be included in the firearm ballistic identification database.
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A04025 Actions:

BILL NOA04025
 
02/01/2011referred to codes
01/04/2012referred to codes
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A04025 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4025
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  CAMARA, GOTTFRIED, JAFFEE, MAISEL, ROBINSON,
          COLTON, COOK, CASTRO, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
          V. LOPEZ, MAYERSOHN,  PHEFFER,  J. RIVERA,  SALADINO,  TITONE,  TOWNS,
          WEISENBERG -- read once and referred to the Committee on Codes
 
        AN  ACT  to  amend  the  general  business law, in relation to a firearm

          ballistic identification databank
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  396-ff  of the general business law, as added by
     2  chapter 189 of the laws of 2000, is amended to read as follows:
     3    § 396-ff. [Pistol and revolver] Firearm ballistic identification data-
     4  bank. (1) For the purposes of this section, the  following  terms  shall
     5  have the following meanings:
     6    (a)  "Manufacturer" means any person, firm or corporation possessing a
     7  valid federal license that permits such person, firm or  corporation  to
     8  engage  in the business of manufacturing [pistols or revolvers] firearms
     9  or ammunition therefor for the purpose of sale or distribution.
    10    (b) "Shell casing" means that part of ammunition capable of being used

    11  in a [pistol or revolver] firearm that contains the primer  and  propel-
    12  lant powder to discharge the bullet or projectile.
    13    (c)  "Firearm"  means a pistol, revolver, or assault weapon as defined
    14  in section 265.00 of the penal law, rifle, or other long-barreled  weap-
    15  on.
    16    (2) [On and after March first, two thousand one, any] Any manufacturer
    17  that ships, transports or delivers a [pistol or revolver] firearm to any
    18  person  in  this  state  shall, in accordance with rules and regulations
    19  promulgated by the division of state police, include  in  the  container
    20  with  such [pistol or revolver] firearm a separate sealed container that
    21  encloses:
    22    (a) a shell casing of a bullet  or  projectile  discharged  from  such

    23  [pistol or revolver] firearm; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01754-01-1

        A. 4025                             2
 
     1    (b)  any additional information that identifies such [pistol or revol-
     2  ver] firearm and shell casing as required by such rules and regulations.
     3    (3)  A  gunsmith  or  dealer in firearms licensed in this state shall,
     4  within ten days of the receipt of any [pistol or revolver] firearm  from
     5  a manufacturer that fails to comply with the provisions of this section,
     6  either  (a) return such [pistol or revolver] firearm to such manufactur-

     7  er, or (b) notify the division of state police of such noncompliance and
     8  thereafter obtain a substitute sealed container through participation in
     9  a program operated by the state police as provided in  subdivision  four
    10  of this section.
    11    (4)  The  division  of state police shall no later than October first,
    12  two thousand, promulgate rules and regulations for the  operation  of  a
    13  program  which  provides  a gunsmith or a dealer in firearms licensed in
    14  this state with a sealed container  enclosing  the  items  specified  in
    15  subdivision two of this section. The program shall at a minimum:
    16    (a) be operational by January first, two thousand one;
    17    (b) operate in at least five regional locations within the state; and
    18    (c)  specify procedures by which such gunsmith or dealer is to deliver
    19  a [pistol or revolver] firearm to the regional program location  closest

    20  to  his  or  her place of business for testing and prompt return of such
    21  [pistol or revolver] firearm.
    22    (5) [On and after March first, two thousand  one,  a]  A  gunsmith  or
    23  dealer  in  firearms  licensed  in  this state shall, within ten days of
    24  delivering to any person a [pistol or revolver] firearm received by such
    25  gunsmith or dealer in firearms [on or after such date], forward  to  the
    26  division  of  state  police,  along with the original transaction report
    27  required by subdivision twelve of section 400.00 of the penal  law,  the
    28  sealed  container enclosing the shell casing from such [pistol or revol-
    29  ver] firearm either (a) received from the manufacturer, or (b)  obtained
    30  through  participation  in the program operated by the division of state

    31  police in accordance with subdivision four of this section.
    32    (6) Upon receipt of the sealed container, the division of state police
    33  shall cause to be entered in an automated electronic databank  pertinent
    34  data  and  other ballistic information relevant to identification of the
    35  shell casing and to the [pistol or revolver] firearm from which  it  was
    36  discharged.    The  automated  electronic  databank will be operated and
    37  maintained by the division of state police, in accordance with its rules
    38  and regulations adopted after consultation with the  Federal  Bureau  of
    39  Investigation  and  the  United States Department of Treasury, Bureau of
    40  Alcohol, Tobacco and Firearms  to  ensure  compatibility  with  national
    41  ballistic technology.
    42    (7)  Any person, firm or corporation who knowingly violates any of the

    43  provisions of this section shall be guilty of a violation, punishable as
    44  provided in the penal law. Any person, firm or corporation who knowingly
    45  violates any of the provisions of this section after having been  previ-
    46  ously  convicted  of  a  violation  of this section shall be guilty of a
    47  class A misdemeanor, punishable as provided in the penal law.
    48    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    49  have become a law.
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