Requires the division of criminal justice services to establish and maintain a database of information relating to the sale or use of microstamped guns in the state and to promulgate regulations regarding the provision of information pertaining to the sale, delivery or use of such guns within the state.
STATE OF NEW YORK
________________________________________________________________________
8131
2021-2022 Regular Sessions
IN ASSEMBLY
June 11, 2021
___________
Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the executive law, in relation to requiring the division
of criminal justice services to establish and maintain a database of
information relating to the sale or use of microstamped guns in the
state and to promulgate regulations regarding the provision of infor-
mation pertaining to the sale, delivery or use of such guns within the
state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 837 of the executive law is amended by adding a new
2 subdivision 23 to read as follows:
3 23. (a) The department shall establish, maintain and update on a quar-
4 terly basis an electronic database of information relating to the manu-
5 facture, sale, offer for sale, exchange, giving, transfer, delivery or
6 use of microstamped guns in the state. Such database shall be imple-
7 mented within one hundred twenty days of the effective date of a New
8 York state or federal law, rule or regulation mandating the microstamp-
9 ing of any type of gun.
10 (b) As used in this subdivision, "microstamped gun" means a gun that
11 has been manufactured, equipped with or modified to contain a component
12 or mechanism that is intended to produce a unique alpha-numeric or
13 geometric code on at least one location on each expended cartridge case
14 fired from the gun that identifies the make, model, and serial number of
15 the gun.
16 (c) Such database shall contain, at a minimum and as applicable:
17 (i) the make, model and serial number of the gun;
18 (ii) the identity and address of the dealer in firearms licensed under
19 section 400.00 of the penal law conveying the gun;
20 (iii) the identity and address of the manufacturer delivering or caus-
21 ing the delivery of the gun to a person or entity within the state;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11820-01-1
A. 8131 2
1 (iv) the name and address of the person or entity to whom the gun has
2 been conveyed or delivered;
3 (v) the name and address of the person in whose possession the gun was
4 discovered by a police or peace agency; and
5 (vi) such other identifying information as determined by the commis-
6 sioner.
7 (d) The division shall promulgate rules and regulations requiring:
8 (i) each dealer in firearms licensed under section 400.00 of the penal
9 law who sells, offers for sale, exchanges, gives, transfers or delivers
10 a gun, knowing that such gun contains a microstamping component or mech-
11 anism, to report such conveyance to the division for inclusion in the
12 database;
13 (ii) any manufacturer or wholesale dealer that delivers or causes to
14 be delivered a gun to a person or entity within the state, knowing that
15 such gun contains a microstamping component or mechanism, to report
16 information regarding the gun or guns so delivered to the division for
17 inclusion in the database;
18 (iii) requiring each police agency or peace officer agency within the
19 state to report information regarding the discovery of a microstamped
20 gun during any investigation or arrest to the division for inclusion in
21 the database; and
22 (iv) regulating the disclosure of such information.
23 § 2. This act shall take effect on the thirtieth day after it shall
24 have become a law. Effective immediately, the addition, amendment and/or
25 repeal of any rule or regulation necessary for the implementation of
26 this act on its effective date are authorized to be made and completed
27 on or before such date.
