New York State Assembly

 
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A07926 Summary:

A07926 Actions:

A07926 Committee Votes:

Committee:CODES   Chair:Dinowitz      
DATE:06/07/2021AYE/NAY:16/6  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Nay
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/08/2021AYE/NAY:22/8  Action: Favorable         
Heastie
Excused
Barclay
Nay
Gottfried
Aye
Hawley
Nay
Nolan
Aye
Giglio
Nay
Weinstein
Aye
Blankenbush
Nay
Pretlow
Aye
Norris
Nay
Cook
Aye
Montesano
Nay
Glick
Aye
Ra
Nay
Aubry
Aye
Brabenec
Nay
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A07926 Floor Votes:

A07926 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7926--A
                                                                Cal. No. 280
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 1, 2021
                                       ___________
 
        Introduced  by  M.  of A. L. ROSENTHAL, MEEKS, SIMON, EPSTEIN, ZINERMAN,
          GALEF, FERNANDEZ, BURGOS, GOTTFRIED, STECK, SEAWRIGHT,  NIOU  --  read
          once  and  referred  to  the  Committee on Codes -- ordered 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 sold in this state  be  verified  as  a  microstamping-enabled
          pistol;  and  to amend the executive law, in relation to requiring the
          division of criminal justice services  to  certify  the  viability  of
          microstamping-enabled pistols
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 265.00 of the penal law is amended by adding  three
     2  new subdivisions 33, 34 and 35 to read as follows:
     3    33.  "Microstamp"  means  a unique alphanumeric or geometric code that
     4  identifies the make, model, and serial number of a firearm.
     5    34. "Microstamping component" means a component part of  a  semi-auto-
     6  matic  pistol that will produce a microstamp on at least one location of
     7  the expended cartridge case each time the pistol is fired.
     8    35. "Microstamping-enabled pistol" means any semiautomatic pistol that
     9  contains a microstamping component.
    10    § 2. The executive law is amended by adding a  new  section  837-w  to
    11  read as follows:
    12    § 837-w. Technological viability of microstamping-enabled firearms. 1.
    13  As  used  in this section, the terms "microstamping-enabled pistols" and
    14  "microstamping components" shall have the same  meaning  as  defined  in
    15  article two hundred sixty-five of the penal law.
    16    2.  The division or a designee shall within one hundred eighty days of
    17  the effective date of this section:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02762-14-2
        A. 7926--A                          2
 
     1    (a) engage in and complete an investigation to certify the  technolog-
     2  ical  viability  of  microstamping-enabled  pistols.  This investigation
     3  shall include live-fire testing evidence; and
     4    (b)  certify  or decline to certify that microstamping-enabled pistols
     5  are technologically viable.
     6    3. Following a certification  by  the  division  or  a  designee  that
     7  microstamping-enabled  pistols  are technologically viable, the division
     8  shall:
     9    (a) within three hundred sixty-five days  from  the  date  of  certif-
    10  ication  of  the  viability of such technology by division or a designee
    11  pursuant to subdivision one of this section, establish performance stan-
    12  dards, qualifying criteria and testing protocols applicable to the exam-
    13  ination and verification of  microstamping-enabled  pistols  and  micro-
    14  stamping components;
    15    (b)  within  two years from the date of certification of the viability
    16  of such technology by division or a designee pursuant to subdivision one
    17  of this section, establish  and  implement  verification  processes  for
    18  microstamping-enabled pistols and microstamping components;
    19    (c)  within  two years from the date of certification of the viability
    20  of such technology by division or a designee pursuant to subdivision one
    21  of this section, establish processes and standards for the training  and
    22  licensure of persons, associations, partnerships, corporations, or other
    23  entities so that such may engage in the business of servicing semi-auto-
    24  matic  pistols  and  their  components  to  ensure  compliance  with the
    25  requirements of article two hundred sixty-five of the penal law; and
    26    (d) within two years from the date of certification of  the  viability
    27  of such technology by division or a designee pursuant to subdivision one
    28  of  this  section, designate a body to service semiautomatic pistols and
    29  their components to ensure compliance with the requirements  of  article
    30  two hundred sixty-five of the penal law.
    31    4.  The  division  shall  promulgate  any rule or regulation as may be
    32  necessary to carry out the provisions of this section.
    33    § 3. The penal law is amended by adding a new section 265.38  to  read
    34  as follows:
    35  § 265.38 Unlawful sale of a non-microstamping-enabled firearm.
    36    1.  It  shall  be  unlawful  for any dealer in firearms licensed under
    37  section 400.00 of this chapter, to sell, offer for sale, exchange, give,
    38  transfer or deliver any semiautomatic pistol unless such pistol has been
    39  verified as a microstamping-enabled pistol. A pistol may be verified  as
    40  microstamping-enabled if it contains a microstamp component installed by
    41  its  manufacturer or   by a state licensed person, association, partner-
    42  ship, corporation, or other entity in compliance  with  state  standards
    43  established  by  the  commissioner  of  the division of criminal justice
    44  services or their designee. The provisions of  this  section  shall  not
    45  apply  to  a  pistol  manufactured  prior  to the effective date of this
    46  section.
    47    2. (a) The first violation for unlawful sale of  a  non-microstamping-
    48  enabled  pistol  pursuant  to this section shall be punishable only by a
    49  fine of not more than five hundred dollars and may result in  a  suspen-
    50  sion  or  revocation of the dealer's license issued under section 400.00
    51  of this chapter.
    52    (b) The second violation for unlawful sale of a non-microstamping-ena-
    53  bled pistol pursuant to this section shall be punishable only by a  fine
    54  of not more than five thousand dollars and may result in a suspension or
    55  revocation  of  the dealer's license issued under section 400.00 of this
    56  chapter.
        A. 7926--A                          3
 
     1    (c) The third violation for unlawful sale of a  non-microstamping-ena-
     2  bled  pistol pursuant to this section is a class A misdemeanor and shall
     3  result in a suspension or revocation  of  the  dealer's  license  issued
     4  under section 400.00 of this chapter.
     5    § 4. Section 265.10 of the penal law is amended by adding a new subdi-
     6  vision 9 to read as follows:
     7    9.  Any  person  who modifies a microstamping-enabled pistol or micro-
     8  stamping component with the intent to prevent the production of a micro-
     9  stamp is, for a first offense, guilty of a class B misdemeanor, and  for
    10  a second or subsequent offense, is guilty of a class A misdemeanor.  For
    11  the  purposes  of  this subdivision, it shall not be unlawful to replace
    12  the microstamping component of a microstamping-enabled pistol  when  the
    13  component is damaged or in need of replacement with another valid micro-
    14  stamping component for the safe use of the firearm or replacing such pin
    15  for  a legitimate sporting purpose that is only used for that legitimate
    16  purpose.
    17    § 5.  This act shall take effect immediately, provided, however,  that
    18  section  three  of  this act shall take effect 4 years after the certif-
    19  ication that microstamping-enabled pistols are technologically viable by
    20  the division of criminal justice services or a designee or 1 year  after
    21  a person, association, partnership, corporation or other entity has been
    22  licensed  to  engage  in  the  business  of servicing firearms and their
    23  components to ensure compliance  with  the  requirements  of  this  act,
    24  whichever is earlier, and provided that the commissioner of the division
    25  of  criminal justice services shall notify the legislative bill drafting
    26  commission upon such certification in  order  that  the  commission  may
    27  maintain an accurate and timely effective data base of the official text
    28  of  the laws of the state of New York in furtherance of effectuating the
    29  provisions of section 44 of the legislative law and section 70-b of  the
    30  public officers law.