Bill Text: NY A01157 | 2011-2012 | General Assembly | Introduced
Bill Title: 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 and provides for an affirmative defense if the dealer had a certification from the manufacturer.
Spectrum: Partisan Bill (Democrat 59-2)
Status: (Engrossed - Dead) 2012-06-19 - REFERRED TO RULES [A01157 Detail]
Download: New_York-2011-A01157-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1157
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. SCHIMEL -- Multi-Sponsored by -- M. of A. BENE-
DETTO, BING, BOYLAND, CLARK, COLTON, COOK, DINOWITZ, ENGLEBRIGHT,
GLICK, GOTTFRIED, HEASTIE, HOOPER, HOYT, JACOBS, JAFFEE, JEFFRIES,
KELLNER, LANCMAN, LIFTON, MAISEL, McENENY, McKEVITT, O'DONNELL,
PAULIN, PEOPLES-STOKES, PHEFFER, ROBINSON, ROSENTHAL, SALADINO,
SAYWARD, TOWNS, WEISENBERG -- read once and referred to the Committee
on Codes
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. Short title. This act shall be known and may be cited as
2 the "crime gun identification act of 2011".
3 S 2. Legislative findings and intent. The legislature finds that in
4 2005, the national clearance rate for homicide cases was approximately
5 60% and over 3,000 gun homicide cases went unsolved; that in approxi-
6 mately half of gun homicide investigations a spent cartridge casing, but
7 not a firearm, is recovered at the crime scene; that currently deployed
8 national ballistic identification systems cannot identify the serial
9 number of a gun unless the gun itself has been recovered; that firearm
10 microstamping is a revolutionary forensic technology that produces an
11 identifiable alpha-numeric and geometric code onto the rear of the
12 cartridge casing each time a semiautomatic pistol is fired; that the
13 alpha-numeric and geometric code on an expended cartridge casing will
14 provide an initial lead for law enforcement by enabling law enforcement
15 to match the cartridge casing found at a crime to the original owner of
16 the firearm; that information from completed crime gun tracing is an
17 important element utilized by COMPSTAT and other crime analysis systems
18 to target illegal firearms trafficking; that microstamping technology
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01523-01-1
A. 1157 2
1 continues to produce identifiable markings onto expended cartridge
2 casings even after thousands of rounds of testing; that this additional
3 tool will help law enforcement investigate illegal gun trafficking,
4 close firearm-related criminal cases and protect the public; and that
5 legislative action is necessary to require all new semiautomatic pistols
6 sold after January 1, 2013 to be microstamp-ready.
7 S 3. Section 265.00 of the penal law is amended by adding two new
8 subdivisions 24 and 25 to read as follows:
9 24. "MICROSTAMP-READY," WHEN USED WITH REFERENCE TO A SEMIAUTOMATIC
10 PISTOL, MEANS THAT SUCH PISTOL IS MANUFACTURED TO PRODUCE A UNIQUE
11 ALPHA-NUMERIC OR GEOMETRIC CODE ON AT LEAST TWO LOCATIONS ON EACH
12 EXPENDED CARTRIDGE CASE THAT IDENTIFIES THE MAKE, MODEL, AND SERIAL
13 NUMBER OF THE PISTOL.
14 25. "MICROSTAMPING COMPONENT OR MECHANISM," WHEN USED WITH REFERENCE
15 TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
16 DESIGNED AND INTENDED TO PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC
17 CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
18 AL NUMBER OF THE PISTOL.
19 S 4. Subdivision 6 of section 265.10 of the penal law, as amended by
20 chapter 189 of the laws of 2000, is amended to read as follows:
21 6. (A) Any person who wilfully defaces any machine-gun, large capacity
22 ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
23 COMPONENT OR MECHANISM OF A SEMIAUTOMATIC PISTOL AS DESCRIBED IN SUBDI-
24 VISION TWENTY-FIVE OF SECTION 265.00 OF THIS ARTICLE, is guilty of a
25 class D felony. (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00
26 OF THIS CHAPTER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS
27 OR DELIVERS A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPO-
28 NENT OR MECHANISM OF SUCH PISTOL AS DESCRIBED IN SUBDIVISION TWENTY-FIVE
29 OF SECTION 265.00 OF THIS ARTICLE HAS BEEN DEFACED, IS GUILTY OF A CLASS
30 A MISDEMEANOR. FOR PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMAT-
31 IC PISTOL DOES NOT INCLUDE (1) MODIFYING A SEMIAUTOMATIC PISTOL TO
32 RENDER IT MICROSTAMP-READY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
33 SION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE OR (2) REPLACING THE
34 FIRING PIN OF A SEMIAUTOMATIC PISTOL THAT IS MICROSTAMP-READY WHEN SUCH
35 PIN IS DAMAGED OR IN NEED OF REPLACEMENT FOR THE SAFE USE OF SUCH
36 PISTOL, OR REPLACING SUCH PIN FOR A LEGITIMATE SPORTING PURPOSE.
37 S 5. The penal law is amended by adding two new sections 265.38 and
38 265.39 to read as follows:
39 S 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
40 IT SHALL BE UNLAWFUL:
41 1. FOR ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS
42 CHAPTER, TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER A
43 SEMIAUTOMATIC PISTOL MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOU-
44 SAND THIRTEEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS SUCH
45 PISTOL IS MICROSTAMP-READY; OR
46 2. FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO BE
47 DELIVERED TO ANY PERSON IN THIS STATE, A SEMIAUTOMATIC PISTOL MANUFAC-
48 TURED AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, UNLESS THE MANUFACTUR-
49 ER CERTIFIES TO SUCH PERSON AT THE TIME OF SUCH DELIVERY, IN ACCORDANCE
50 WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE,
51 THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND REGULATIONS SHALL
52 INCLUDE A REQUIREMENT THAT, AS PART OF THE CERTIFICATION, THE MANUFAC-
53 TURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL.
54 A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
55 PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
56 SALE DEALER OR A MANUFACTURER, WHO VIOLATES ANY PROVISION OF THIS
A. 1157 3
1 SECTION AFTER HAVING PREVIOUSLY BEEN CONVICTED OF VIOLATING ANY
2 PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
3 S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
4 IN ANY PROSECUTION UNDER SUBDIVISION ONE OF SECTION 265.38 OF THIS
5 ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER IN FIREARMS, AT
6 THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
7 OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
8 1. A CERTIFICATION FROM THE MANUFACTURER OF SUCH PISTOL DELIVERED
9 PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
10 PISTOL IS MICROSTAMP-READY; OR
11 2. AN EXACT COPY OF SUCH CERTIFICATION OBTAINED BY THE DEALER IN
12 FIREARMS FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND
13 REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
14 THE DIVISION OF STATE POLICE SHALL PROMULGATE RULES AND REGULATIONS
15 GOVERNING PROCEDURES AND STANDARDS FOR EXACT COPIES OF CERTIFICATIONS
16 AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
17 TURER FOR PURPOSES OF THIS SECTION.
18 S 6. Subdivision 5 of section 265.15 of the penal law, as amended by
19 chapter 695 of the laws of 1987, is amended to read as follows:
20 5. The possession by any person of a defaced machine-gun, firearm,
21 rifle or shotgun is presumptive evidence that such person defaced the
22 same, PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT APPLY TO
23 POSSESSION OF A SEMI-AUTOMATIC PISTOL WHERE THE DEFACEMENT ALLEGED
24 CONSISTS OF DEFACING A MICROSTAMPING COMPONENT OR MECHANISM OF SUCH
25 PISTOL.
26 S 7. This act shall take effect January 1, 2013, or at such time that
27 the superintendent of the state police has received written notice from
28 one or more microstamp job shops that such shop or shops are willing and
29 prepared to produce microstamp structures on two internal surfaces of a
30 semiautomatic pistol in accordance with subdivision 24 of section 265.00
31 of the penal law for a price of twelve dollars or less at a production
32 level of one thousand semiautomatic pistols per batch, whichever occurs
33 first; provided that the division of state police shall notify the
34 legislative bill drafting commission upon the occurrence of the receipt
35 of the written notice provided for in this section in order that the
36 commission may maintain an accurate and timely effective data base of
37 the official text of the laws of the state of New York in furtherance of
38 effectuating the provisions of this act, and provided further, that
39 effective immediately the superintendent of the state police shall
40 promulgate rules and regulations necessary for the implementation of
41 this act.
