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; provides for an affirmative defense if the dealer had a certification from the manufacturer.
STATE OF NEW YORK
________________________________________________________________________
7226
2021-2022 Regular Sessions
IN SENATE
June 7, 2021
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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. Section 265.00 of the penal law is amended by adding two
2 new subdivisions 32 and 33 to read as follows:
3 32. "Microstamp-ready", when used with reference to a semiautomatic
4 pistol, means that such pistol is manufactured to produce a unique
5 alpha-numeric or geometric code on at least one location on each
6 expended cartridge case that identifies the make, model, and serial
7 number of the pistol.
8 33. "Microstamping component or mechanism", when used with reference
9 to a semiautomatic pistol, means a component or mechanism of such pistol
10 designed and intended to produce a unique alpha-numeric or geometric
11 code on an expended cartridge that identifies the make, model, and seri-
12 al number of the pistol.
13 § 2. Subdivision 6 of section 265.10 of the penal law, as amended by
14 chapter 189 of the laws of 2000, is amended to read as follows:
15 6. (a) Any person who wilfully defaces any machine-gun, large capacity
16 ammunition feeding device or firearm, including defacing a microstamping
17 component or mechanism of a semiautomatic pistol, is guilty of a class D
18 felony.
19 (b) Any dealer in firearms licensed under section 400.00 of this chap-
20 ter who sells, offers for sale, exchanges, gives, transfers or delivers
21 a semiautomatic pistol, knowing that a microstamping component or mech-
22 anism of such pistol has been defaced, is guilty of a class A misdemea-
23 nor. For purposes of this subdivision, defacing a semiautomatic pistol
24 does not include (1) modifying a semiautomatic pistol to render it
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02762-07-1
S. 7226 2
1 microstamp-ready or (2) replacing the firing pin of a semiautomatic
2 pistol that is microstamp-ready when such pin is damaged or in need of
3 replacement for the safe use of such pistol, or replacing such pin for a
4 legitimate sporting purpose.
5 § 3. The penal law is amended by adding two new sections 265.38 and
6 265.39 to read as follows:
7 § 265.38 Microstamping of semiautomatic pistols; penalties.
8 It shall be unlawful:
9 1. for any dealer in firearms licensed under section 400.00 of this
10 chapter, to sell, offer for sale, exchange, give, transfer or deliver a
11 semiautomatic pistol manufactured on or after January first, two thou-
12 sand twenty-five to any person other than a dealer in firearms, unless
13 such pistol is microstamp-ready; or
14 2. for any manufacturer or wholesale dealer to deliver or cause to be
15 delivered to any person in this state, a semiautomatic pistol manufac-
16 tured after January first, two thousand twenty-five, unless the manufac-
17 turer certifies to such person at the time of such delivery, in accord-
18 ance with rules and regulations promulgated by the division of state
19 police, that such pistol is microstamp-ready. Such rules and regulations
20 shall include a requirement that, as part of the certification, the
21 manufacturer shall provide the make, model and serial number of the
22 pistol.
23 A violation of any provision of this section is a class B misdemeanor;
24 provided, however, that a person, including a dealer in firearms, whole-
25 sale dealer or a manufacturer, who violates any provision of this
26 section after having previously been convicted of violating any
27 provision of this section is guilty of a class A misdemeanor.
28 § 265.39 Microstamping of semiautomatic pistols; affirmative defense.
29 In any prosecution under subdivision one of section 265.38 of this
30 article, it is an affirmative defense that the dealer in firearms, at
31 the time of sale, offer for sale, exchange, giving, transfer or delivery
32 of the semiautomatic pistol, was in possession of:
33 1. a certification from the manufacturer of such pistol delivered
34 pursuant to subdivision two of section 265.38 of this article, that such
35 pistol is microstamp-ready; or
36 2. an exact copy of such certification obtained by the dealer in
37 firearms from such manufacturer in accordance with applicable rules and
38 regulations promulgated by the division of state police.
39 The division of state police shall promulgate rules and regulations
40 governing procedures and standards for exact copies of certifications
41 and the obtaining of such copies by a dealer in firearms from a manufac-
42 turer for purposes of this section.
43 § 4. Subdivision 5 of section 265.15 of the penal law, as amended by
44 chapter 695 of the laws of 1987, is amended to read as follows:
45 5. The possession by any person of a defaced machine-gun, firearm,
46 rifle or shotgun is presumptive evidence that such person defaced the
47 same; provided, however, that this subdivision shall not apply to
48 possession of a semiautomatic pistol where the defacement alleged
49 consists of defacing a microstamping component or mechanism of such
50 pistol.
51 § 5. This act shall take effect January 1, 2025.
