A11339 Summary:

BILL NOA11339
 
SAME ASNo Same As
 
SPONSORRules (Ortiz)
 
COSPNSRSeawright, Jaffee, Abinanti, Colton, Gottfried
 
MLTSPNSR
 
Add 400.15, Pen L; add 94-c & 99-ee, St Fin L
 
Establishes a legal procedure to obtain a serial number or other mark of identification from the division of state police prior to the assembly of firearms, and provides for the creation of the dealers' record of sale account to fund such activities by the division of state police and the gun violence family relief fund to provide assistance to the victims of gun violence and their families.
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A11339 Actions:

BILL NOA11339
 
09/19/2018referred to codes
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A11339 Committee Votes:

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A11339 Floor Votes:

There are no votes for this bill in this legislative session.
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A11339 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11339
 
                   IN ASSEMBLY
 
                                   September 19, 2018
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Ortiz) --
          read once and referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to the assembly of  firearms;
          and to amend the state finance law, in relation to the creation of the
          dealers'  record  of  sale  account and the gun violence family relief
          fund

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The penal law is amended by adding a new section 400.15 to
     2  read as follows:
     3  § 400.15 Assembly of firearms.
     4    1. As used in this section, "manufacturing" or "assembling" a  firearm
     5  means to fabricate or construct a firearm, or to fit together the compo-
     6  nent parts of a firearm to construct a firearm.
     7    2.  (a)  A  person  shall  apply to the division of state police for a
     8  unique serial number or other mark of identification pursuant to  subdi-
     9  vision  three  of  this  section  prior to manufacturing or assembling a
    10  firearm.
    11    (b) Within one day of manufacturing  or  assembling  a  firearm,  such
    12  person  shall  engrave  or permanently affix the unique serial number or
    13  other mark of identification provided by the division of state police to
    14  such firearm in a manner that meets or exceeds the requirements  imposed
    15  on licensed importers and licensed manufacturers of firearms pursuant to
    16  subsection (i) of section nine hundred twenty-three of title eighteen of
    17  the United States Code and regulations issued pursuant thereto.
    18    (c)  After  the serial number provided by the division of state police
    19  is engraved or otherwise permanently affixed to the firearm, such person
    20  shall notify the division of that fact in a manner  and  within  a  time
    21  period  specified  by  the division of state police, and with sufficient
    22  information to identify the owner of  the  firearm,  the  unique  serial
    23  number  or  mark  of  identification  provided  by the division of state
    24  police, and the firearm in a manner prescribed by the division of  state
    25  police.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16439-01-8

        A. 11339                            2
 
     1    3.  (a)  The  division of state police shall accept applications from,
     2  and shall grant applications in the form of serial  numbers  to  persons
     3  who wish to manufacture or assemble firearms pursuant to subdivision two
     4  of  this  section. Such application shall be promulgated by the division
     5  of state police.
     6    (b)  An application made pursuant to paragraph (a) of this subdivision
     7  shall only be granted by the division of state police if such  applicant
     8  meets the following criteria:
     9    (i) Be eighteen years of age or older;
    10    (ii)  Pass  a  national  instant  criminal background check and not be
    11  otherwise prohibited from possessing a  firearm  by  federal,  state  or
    12  local law;
    13    (iii)  Have  a valid license issued pursuant to section 400.00 of this
    14  article; and
    15    (iv) Provide proof in a manner prescribed by  the  division  of  state
    16  police  that  the  manufacture  or assembly of the firearm for which the
    17  application is submitted is in compliance with federal, state and  local
    18  laws and regulations.
    19    (c)  The  division  of  state  police  shall inform applicants who are
    20  denied an application of the reasons for the denial  in  writing  within
    21  fifteen days of such denial.
    22    4. The division of state police shall keep a record of all persons who
    23  receive  a  unique  serial  number or other mark pursuant to subdivision
    24  three of this section and the information submitted  pursuant  to  para-
    25  graph  (c)  of  subdivision two of this section in the statewide license
    26  and record database created and maintained pursuant to section 400.02 of
    27  this article.
    28    5. The division of state police may charge  a  fee  of  three  hundred
    29  fifty  dollars  for processing applications and assigning serial numbers
    30  pursuant to subdivision three of this section. Seventy percent  of  such
    31  fee  shall  be  deposited  in the dealers' record of sale account estab-
    32  lished pursuant to section ninety-four-c of the state  finance  law  and
    33  thirty percent of such fee shall be deposited in the gun violence family
    34  relief  fund established pursuant to section ninety-nine-ee of the state
    35  finance law.
    36    6. (a) The sale or transfer of ownership of a firearm manufactured  or
    37  assembled pursuant to this section is prohibited.
    38    (b) No person shall knowingly allow, facilitate, aid or abet the manu-
    39  facture  or  assembly  of a firearm pursuant to this section by a person
    40  who is prohibited from possessing a firearm pursuant to  federal,  state
    41  or local law.
    42    7. (a) A violation of the provisions of this section shall be punisha-
    43  ble by imprisonment not to exceed six months, or by a fine not to exceed
    44  one  thousand dollars, or by both, unless such manufactured or assembled
    45  firearm is an assault weapon as defined  in  subdivision  twenty-two  of
    46  section 265.00 of this chapter.
    47    (b) A violation of the provisions of this section involving an assault
    48  weapon,  as  defined in subdivision twenty-two of section 265.00 of this
    49  chapter, shall be punishable by imprisonment not to exceed one year,  or
    50  by a fine not to exceed one thousand dollars, or by both.
    51    8. The superintendent of the division of state police shall promulgate
    52  rules and regulations necessary to administer this section.
    53    9.  This section shall not apply to a firearm that has a serial number
    54  assigned to it pursuant to chapter fifty-three of  title  twenty-six  of
    55  the United States Code and the regulations issued pursuant thereto.

        A. 11339                            3
 
     1    10.  Nothing  in  this  section  shall  be deemed to affect, impair or
     2  supersede the provisions and requirements of  the  penal  law  otherwise
     3  applicable to firearms.
     4    §  2. The state finance law is amended by adding a new section 94-c to
     5  read as follows:
     6    § 94-c. Dealers' record of sale account. 1.  There  is  hereby  estab-
     7  lished  in the joint custody of the commissioner of taxation and finance
     8  and the comptroller a fund to be known as the "dealers' record  of  sale
     9  account".
    10    2.  The  dealers'  record  of  sale  account  shall  consist of moneys
    11  received by the state pursuant to subdivision five of section 400.15  of
    12  the penal law and deposited in the account pursuant to such subdivision.
    13    3.  Moneys of the fund, following appropriation by the legislature and
    14  allocation by the director of the budget, shall be  made  available  for
    15  the  state  operation expenses of the division of state police including
    16  the actual costs associated with processing applications and assigning a
    17  distinguishing number or mark to firearms pursuant to section 400.15  of
    18  the  penal  law  and  the  operation of the statewide license and record
    19  database created and maintained pursuant to section 400.02 of the  penal
    20  law.
    21    4.  The  superintendent of state police, no later than March fifteenth
    22  of each year, shall furnish to the governor, the speaker of the assembly
    23  and the temporary president of  the  senate,  a  report  detailing  each
    24  programmatic  component  associated  with  processing  applications  and
    25  assigning a distinguishing  number  or  mark  to  firearms  pursuant  to
    26  section 400.15 of the penal law for the previous year.
    27    § 3. The state finance law is amended by adding a new section 99-ee to
    28  read as follows:
    29    §  99-ee.  Gun  violence family relief fund. 1. There is hereby estab-
    30  lished in the joint custody of the commissioner of taxation and  finance
    31  and  the  comptroller  a  fund  to  be known as the "gun violence family
    32  relief fund".
    33    2. The gun  violence  family  relief  fund  shall  consist  of  moneys
    34  received  by the state pursuant to subdivision five of section 400.15 of
    35  the penal law and deposited in the account pursuant to such subdivision.
    36  Nothing contained in this section shall prevent the state from receiving
    37  grants, gifts or bequests for the purposes of the  fund  as  defined  in
    38  this section and depositing them into the fund according to law.
    39    3. On or before the first of February each year, the comptroller shall
    40  certify  to  the governor, temporary president of the senate, speaker of
    41  the assembly, chair of the senate finance committee  and  chair  of  the
    42  assembly  ways and means committee, the amount of money deposited in the
    43  gun violence family relief fund during the preceding  calendar  year  as
    44  the  result  of  revenue derived pursuant to subdivision five of section
    45  400.15 of the penal law and from grants, gifts and bequests.
    46    4. On or before the first of February each year, the  commissioner  of
    47  health  shall provide a written report to the temporary president of the
    48  senate, speaker of the assembly, chair of the senate finance  committee,
    49  chair  of  the  assembly  ways  and means committee, chair of the senate
    50  committee on health, chair of the assembly health committee,  the  state
    51  comptroller  and the public. Such report shall include how the moneys of
    52  the fund were utilized during the preceding  calendar  year,  and  shall
    53  include:
    54    (i)  the amount of money disbursed from the fund and the award process
    55  used for such disbursements;
    56    (ii) recipients of awards from the fund;

        A. 11339                            4
 
     1    (iii) the amount awarded to each;
     2    (iv) the purposes for which such awards were granted; and
     3    (v) a summary financial plan for such moneys which shall include esti-
     4  mates of all receipts and all disbursements for the current and succeed-
     5  ing  fiscal  years,  along with the actual results from the prior fiscal
     6  year.
     7    5. Moneys of the fund shall be expended only to assist  families  with
     8  housing,  education  and nutrition assistance in cases where a parent is
     9  killed in a gun violence  incident  and  to  assist  families  of  child
    10  victims  of  guns violence with grievance therapy or legal fees approved
    11  by the New York state department of health.
    12    6. Moneys shall be payable from the fund on the audit and  warrant  of
    13  the  comptroller  on vouchers approved and certified by the commissioner
    14  of health.
    15    7. To the extent practicable, the commissioner of health shall  ensure
    16  that  all moneys received during a fiscal year are expended prior to the
    17  end of that fiscal year.
    18    § 4. This act shall take effect on the ninetieth day  after  it  shall
    19  have  become  a  law.    Effective  immediately, the addition, amendment
    20  and/or repeal of any rule or regulation necessary for the implementation
    21  of this act on its effective date are authorized and directed to be made
    22  and completed on or before such effective date.
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