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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1157B
SPONSOR: Schimel (MS)
 
TITLE OF BILL: An act to amend the penal law, in relation to requir-
ing 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 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 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
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 semiautomat-
ic 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 manu-
factured 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 semiauto-
matic 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 divi-
sion of state police. A violation of Section 265.38 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, 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 ballis-
tic 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 is recovered.
On October 13, 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
2011: A. 1157 -A-Passed Assembly
 
FISCAL IMPLICATIONS: This legislation will not impose new costs on the
state of New York. No new database is required. The certification proc-
ess 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, 2014, 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 promul-
gate necessary rules and regulations upon passage of the act.
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.