A06192 Summary:
BILL NO | A06192A |
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SAME AS | SAME AS S01113-A |
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SPONSOR | Schimel |
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COSPNSR | Englebright, Kavanagh, Lavine, Titus, Abinanti, Wright, Cymbrowitz, Rosenthal, Steck, Ramos, Peoples-Stokes, Davila, Rodriguez, Aubry, Weprin, Rozic, DenDekker, Quart, Crespo, Mosley, Pichardo, Sepulveda, Lentol, Moya, Ortiz, Blake, Joyner, Jaffee, Gottfried, Hooper |
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MLTSPNSR | Arroyo, Benedetto, Braunstein, Brennan, Colton, Cook, Dinowitz, Fahy, Glick, Hevesi, Lifton, Markey, O'Donnell, Paulin, Perry, Pretlow, Rivera, Robinson |
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Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L | |
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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. |
A06192 Actions:
BILL NO | A06192A | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/16/2015 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2015 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/15/2016 | amend and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/15/2016 | print number 6192a |
A06192 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6192--A 2015-2016 Regular Sessions IN ASSEMBLY March 16, 2015 ___________ Introduced by M. of A. SCHIMEL, ENGLEBRIGHT, KAVANAGH, LAVINE, TITUS, ABINANTI, WRIGHT, CYMBROWITZ, ROSENTHAL, STECK, RAMOS, PEOPLES-STOKES, DAVILA, RODRIGUEZ, AUBRY, WEPRIN, ROZIC, DenDEKKER, QUART, CRESPO, MOSLEY, PICHARDO, SEPULVEDA, LENTOL, MOYA, ORTIZ, KAMINSKY, BLAKE, JOYNER, JAFFEE, GOTTFRIED, HOOPER -- Multi-Sponsored by -- M. of A. ARROYO, BENEDETTO, BRAUNSTEIN, BRENNAN, CLARK, COLTON, COOK, DINOWITZ, FAHY, GLICK, HEVESI, LIFTON, MARKEY, O'DONNELL, PAULIN, PERRY, PRET- LOW, RIVERA, ROBINSON -- read once and referred to the Committee 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 2016". 3 § 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00385-03-6A. 6192--A 2 1 the firearm; that information from completed crime gun tracing is an 2 important element utilized by COMPSTAT and other crime analysis systems 3 to target illegal firearms trafficking; that microstamping technology 4 continues to produce identifiable markings onto expended cartridge 5 casings even after thousands of rounds of testing; that this additional 6 tool will help law enforcement investigate illegal gun trafficking, 7 close firearm-related criminal cases and protect the public; and that 8 legislative action is necessary to require all new semiautomatic pistols 9 sold after January 1, 2018 to be microstamp-ready. 10 § 3. Section 265.00 of the penal law is amended by adding two new 11 subdivisions 26 and 27 to read as follows: 12 26. "Microstamp-ready", when used with reference to a semiautomatic 13 pistol, means that such pistol is manufactured to produce a unique 14 alpha-numeric or geometric code on at least two locations on each 15 expended cartridge case that identifies the make, model, and serial 16 number of the pistol. 17 27. "Microstamping component or mechanism", when used with reference 18 to a semiautomatic pistol, means a component or mechanism of such pistol 19 designed and intended to produce a unique alpha-numeric or geometric 20 code on an expended cartridge that identifies the make, model, and seri- 21 al number of the pistol. 22 § 4. Subdivision 6 of section 265.10 of the penal law, as amended by 23 chapter 189 of the laws of 2000, is amended to read as follows: 24 6. (a) Any person who wilfully defaces any machine-gun, large capacity 25 ammunition feeding device or firearm, including defacing a microstamping 26 component or mechanism of a semiautomatic pistol, is guilty of a class D 27 felony. 28 (b) Any dealer in firearms licensed under section 400.00 of this chap- 29 ter who sells, offers for sale, exchanges, gives, transfers or delivers 30 a semiautomatic pistol, knowing that a microstamping component or mech- 31 anism of such pistol has been defaced, is guilty of a class A misdemea- 32 nor. For purposes of this subdivision, defacing a semiautomatic pistol 33 does not include (1) modifying a semiautomatic pistol to render it 34 microstamp-ready or (2) replacing the firing pin of a semiautomatic 35 pistol that is microstamp-ready when such pin is damaged or in need of 36 replacement for the safe use of such pistol, or replacing such pin for a 37 legitimate sporting purpose. 38 § 5. The penal law is amended by adding two new sections 265.38 and 39 265.39 to read as follows: 40 § 265.38 Microstamping of semiautomatic pistols; penalties. 41 It shall be unlawful: 42 1. for any dealer in firearms licensed under section 400.00 of this 43 chapter, to sell, offer for sale, exchange, give, transfer or deliver a 44 semiautomatic pistol manufactured on or after January first, two thou- 45 sand eighteen to any person other than a dealer in firearms, unless such 46 pistol is microstamp-ready; or 47 2. for any manufacturer or wholesale dealer to deliver or cause to be 48 delivered to any person in this state, a semiautomatic pistol manufac- 49 tured after January first, two thousand eighteen, unless the manufactur- 50 er certifies to such person at the time of such delivery, in accordance 51 with rules and regulations promulgated by the division of state police, 52 that such pistol is microstamp-ready. Such rules and regulations shall 53 include a requirement that, as part of the certification, the manufac- 54 turer shall provide the make, model and serial number of the pistol. 55 A violation of any provision of this section is a class B misdemeanor; 56 provided, however, that a person, including a dealer in firearms, whole-A. 6192--A 3 1 sale dealer or a manufacturer, who violates any provision of this 2 section after having previously been convicted of violating any 3 provision of this section is guilty of a class A misdemeanor. 4 § 265.39 Microstamping of semiautomatic pistols; affirmative defense. 5 In any prosecution under subdivision one of section 265.38 of this 6 article, it is an affirmative defense that the dealer in firearms, at 7 the time of sale, offer for sale, exchange, giving, transfer or delivery 8 of the semiautomatic pistol, was in possession of: 9 1. a certification from the manufacturer of such pistol delivered 10 pursuant to subdivision two of section 265.38 of this article, that such 11 pistol is microstamp-ready; or 12 2. an exact copy of such certification obtained by the dealer in 13 firearms from such manufacturer in accordance with applicable rules and 14 regulations promulgated by the division of state police. 15 The division of state police shall promulgate rules and regulations 16 governing procedures and standards for exact copies of certifications 17 and the obtaining of such copies by a dealer in firearms from a manufac- 18 turer for purposes of this section. 19 § 6. Subdivision 5 of section 265.15 of the penal law, as amended by 20 chapter 695 of the laws of 1987, is amended to read as follows: 21 5. The possession by any person of a defaced machine-gun, firearm, 22 rifle or shotgun is presumptive evidence that such person defaced the 23 same; provided, however, that this subdivision shall not apply to 24 possession of a semiautomatic pistol where the defacement alleged 25 consists of defacing a microstamping component or mechanism of such 26 pistol. 27 § 7. This act shall take effect January 1, 2018, or at such time that 28 the superintendent of the state police has received written notice from 29 one or more microstamp job shops that such shop or shops are willing and 30 prepared to produce microstamp structures on two internal surfaces of a 31 semiautomatic pistol as defined in subdivision 26 of section 265.00 of 32 the penal law for a price of twelve dollars or less at a production 33 level of one thousand semiautomatic pistols per batch, whichever occurs 34 later; provided that the division of state police shall notify the 35 legislative bill drafting commission upon the occurrence of the receipt 36 of the written notice provided for in this section in order that the 37 commission may maintain an accurate and timely effective data base of 38 the official text of the laws of the state of New York in furtherance of 39 effectuating the provisions of this act, and provided further, that 40 effective immediately the superintendent of the state police shall 41 promulgate rules and regulations necessary for the implementation of 42 this act.