Provides procedure for entering gun, expended projectile, or expended shell casing info into the criminal gun clearinghouse, within thirty days of receipt; request trace of a gun from the feds and the pistol and revolver ballistic identification databank.
STATE OF NEW YORK
________________________________________________________________________
2914
2009-2010 Regular Sessions
IN ASSEMBLY
January 21, 2009
___________
Introduced by M. of A. KOON, BOYLAND, O'DONNELL, DINOWITZ, MILLMAN,
ZEBROWSKI, EDDINGTON, COOK -- Multi-Sponsored by -- M. of A. BING,
CAHILL, COLTON, DIAZ, GALEF, GOTTFRIED, JOHN, LAVINE, LIFTON, MAYER-
SOHN, PHEFFER, ROBINSON, WEISENBERG -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to entering identifying
information into the criminal gun clearinghouse
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2, 4 and 5 of section 230 of the executive
2 law, as added by chapter 189 of the laws of 2000, are amended to read as
3 follows:
4 2. The superintendent of the division of state police, in cooperation
5 with the United States department of [treasury] justice, bureau of alco-
6 hol, tobacco [and], firearms and explosives and district attorneys in
7 New York state, shall develop and implement a strategy for the interdic-
8 tion of guns illegally entering New York from supplier states. The stra-
9 tegy shall include identifying and prosecuting gun traffickers and
10 suppliers of such guns who may be violating federal, state or local
11 laws, and cooperating with the United States department of [treasury]
12 justice, bureau of alcohol, tobacco [and], firearms and explosives and
13 appropriate prosecutorial agencies and law enforcement agencies in
14 supplier states in the investigation and enforcement of such laws.
15 District attorneys are authorized to enter into collaborative agreements
16 with prosecutorial and other governmental agencies and entities in
17 supplier states in an effort to stop the movement of illegal guns into
18 New York.
19 4. (a) The superintendent of the division of state police shall estab-
20 lish and maintain within the division a criminal gun clearinghouse as a
21 central repository of information regarding all guns seized, forfeited,
22 found or otherwise coming into the possession of any state or local law
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02280-01-9
A. 2914 2
1 enforcement agency which are believed to have been used in the commis-
2 sion of a crime. The superintendent of the division of state police
3 shall adopt and promulgate regulations prescribing reporting procedures
4 for such state or local law enforcement agencies, including the form for
5 reporting such information. In addition to any other information which
6 the superintendent of the division of state police may require, the form
7 shall require [(a)](i) the serial number [or], ballistic information and
8 other identifying information on the gun, expended projectile or
9 expended shell casing, if available and [(b)](ii) a brief description of
10 the circumstances under which the gun, expended projectile or expended
11 shell casing came into the possession of the law enforcement agency,
12 including the crime which was or may have been committed with the gun.
13 (b) Any gun, expended projectile or expended shell casing seized,
14 found, or otherwise coming into possession of any state or local law
15 enforcement agency shall be submitted to the division of state police,
16 which shall enter (i) the serial number, ballistic information and iden-
17 tifying information on the gun, expended projectile, or expended shell
18 casing, if available; and (ii) a brief description of the circumstances
19 under which the gun, expended projectile or expended shell casing came
20 into the possession of the law enforcement agency, into the criminal gun
21 clearinghouse established in paragraph (a) of this subdivision.
22 (c) Materials required to be submitted to the division of state police
23 shall be submitted within thirty days of coming into the possession of a
24 state or local law enforcement agency. Such materials shall be tested or
25 examined as required by this subdivision within thirty days of their
26 receipt by the division.
27 5. In any case where a state or local law enforcement agency investi-
28 gates the commission of a crime in this state and a specific gun is
29 known to have been used in such crime, such agency shall submit a
30 request for a trace of such gun to:
31 (a) the national tracing center of the United States [Department]
32 department of [Treasury] justice, bureau of alcohol, tobacco [and],
33 firearms and explosives to trace the movement of such gun [and such
34 federal agency shall be requested to provide the superintendent of the
35 division of state police and the local law enforcement agency with the
36 results of such a trace], and
37 (b) the pistol and revolver ballistic identification databank estab-
38 lished pursuant to section three hundred ninety-six-ff of the general
39 business law.
40 This subdivision shall not apply where the source of a gun is already
41 known to a local law enforcement agency.
42 § 2. This act shall take effect on the ninetieth day after it shall
43 have become a law.
