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A01157 Summary:

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A01157 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1157--B
                                                                 Cal. No. 63
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M. of A. SCHIMEL, KAVANAGH, P. RIVERA, LAVINE, GIBSON --
          Multi-Sponsored by -- M. of  A.  BENEDETTO,  BOYLAND,  CLARK,  COLTON,
          COOK,   DINOWITZ,  ENGLEBRIGHT,  GLICK,  GOTTFRIED,  HEASTIE,  HOOPER,

          JACOBS, JAFFEE, JEFFRIES, KELLNER, LANCMAN, LIFTON,  MAISEL,  McENENY,
          McKEVITT,  O'DONNELL,  PAULIN, PEOPLES-STOKES, PERRY, ROBINSON, ROSEN-
          THAL, SALADINO, WEISENBERG -- read once and referred to the  Committee
          on  Codes  --  reported  from  committee, advanced to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third  reading  --  advanced  to  a third reading, amended and ordered
          reprinted, retaining its place on the order of third reading
 
        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 2012".
     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.
                                                                   LBD01523-04-2
        A. 1157--B                          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, 2014 to be microstamp-ready.
    10    §  3.  Section  265.00  of  the penal law is amended by adding two new
    11  subdivisions 24 and 25 to read as follows:
    12    24. "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    25. "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 as described in subdi-
    27  vision twenty-five of section 265.00 of this article,  is  guilty  of  a
    28  class D felony. (b) Any dealer in firearms licensed under section 400.00

    29  of  this chapter who sells, offers for sale, exchanges, gives, transfers
    30  or delivers a semiautomatic pistol, knowing that a microstamping  compo-
    31  nent or mechanism of such pistol as described in subdivision twenty-five
    32  of section 265.00 of this article has been defaced, is guilty of a class
    33  A misdemeanor. For purposes of this subdivision, defacing a semiautomat-
    34  ic  pistol  does  not  include  (1)  modifying a semiautomatic pistol to
    35  render it microstamp-ready in accordance with the provisions of subdivi-
    36  sion twenty-four of section 265.00 of this article or (2) replacing  the
    37  firing  pin of a semiautomatic pistol that is microstamp-ready when such
    38  pin is damaged or in need of  replacement  for  the  safe  use  of  such

    39  pistol, or replacing such pin for a legitimate sporting purpose.
    40    §  5.  The  penal law is amended by adding two new sections 265.38 and
    41  265.39 to read as follows:
    42  § 265.38 Microstamping of semiautomatic pistols; penalties.
    43    It shall be unlawful:
    44    1. for any dealer in firearms licensed under section  400.00  of  this
    45  chapter,  to sell, offer for sale, exchange, give, transfer or deliver a
    46  semiautomatic pistol manufactured on or after January first,  two  thou-
    47  sand fourteen to any person other than a dealer in firearms, unless such
    48  pistol is microstamp-ready; or
    49    2.  for any manufacturer or wholesale dealer to deliver or cause to be
    50  delivered to any person in this state, a semiautomatic  pistol  manufac-

    51  tured after January first, two thousand fourteen, unless the manufactur-
    52  er  certifies to such person at the time of such delivery, in accordance
    53  with rules and regulations promulgated by the division of state  police,
    54  that  such  pistol is microstamp-ready. Such rules and regulations shall
    55  include a requirement that, as part of the certification,  the  manufac-
    56  turer shall provide the make, model and serial number of the pistol.
        A. 1157--B                          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  § 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    § 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  semi-automatic  pistol  where  the  defacement  alleged
    27  consists  of  defacing  a  microstamping  component or mechanism of such
    28  pistol.
    29    § 7. This act shall take effect January 1, 2014, 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 in accordance with subdivision 24 of section 265.00
    34  of  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.