Bill Text: NY A01421 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires all law enforcement to report information regarding certain firearms to the National Crime Information Center; further requires law enforcement to test-fire seized firearms and submit the resulting ballistics information to the National Integrated Ballistic Identification Network and to also submit to the National Integrated Ballistic Identification Network ballistics information regarding spent shell casings found at crime scenes.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-01-15 - referred to codes [A01421 Detail]

Download: New_York-2019-A01421-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1421
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by  M.  of  A.  SIMON, DINOWITZ, WEPRIN, GOTTFRIED, EPSTEIN,
          ORTIZ, HUNTER, D'URSO, PAULIN -- read once and referred to the Commit-
          tee on Codes
        AN ACT to amend the penal law, in relation to reporting  duties  of  law
          enforcement  with respect to certain seized and recovered firearms and
          spent shell casings
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The section heading of section 400.10 of the penal law, as
     2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     3  Report of theft or loss of  a  firearm,  rifle  or  shotgun;  additional
     4             reporting duties of law enforcement.
     5    §  2.  Subdivision  3 of section 400.10 of the penal law is renumbered
     6  subdivision 4 and a new subdivision 3 is added to read as follows:
     7    3. (a) Whenever a law enforcement agency seizes or recovers a firearm,
     8  rifle or shotgun,  the    agency  shall,  within  twenty-four  hours  of
     9  seizure,  enter  the  make,  model,  caliber  and  serial number of such
    10  firearm into the National Crime Information Center to determine  whether
    11  such firearm, rifle or shotgun was reported stolen.
    12    (b)  Whenever  a  law enforcement agency seizes or recovers a firearm,
    13  rifle or shotgun that was unlawfully possessed,  used  for  an  unlawful
    14  purpose,  recovered from the scene of a crime, is reasonably believed to
    15  have been used or associated with the  commission  of  a  crime,  or  is
    16  acquired  by  the  agency as an abandoned or discarded firearm, rifle or
    17  shotgun, the agency shall, arrange for  every  such  firearm,  rifle  or
    18  shotgun  that  is  determined  to  be  suitable  for National Integrated
    19  Ballistics Identification Network data entry and examination to be test-
    20  fired as soon as may be practicable and the results of  the  test-firing
    21  be  submitted  to  the  National  Integrated  Ballistics  Identification
    22  Network to determine whether the firearm, rifle or shotgun is associated
    23  or related to a crime, criminal event,  or any individual associated  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01811-01-9

        A. 1421                             2
     1  related  to a crime or criminal event or reasonably believed to be asso-
     2  ciated or related to a crime or criminal event.
     3    (c)  Whenever a law enforcement agency recovers any spent shell casing
     4  at a crime scene or has reason to believe that the recovered spent shell
     5  casing is related to or associated with the   commission of a  crime  or
     6  the unlawful discharge of a firearm, rifle or shotgun, the agency shall,
     7  as  soon  as may be practicable, submit the ballistic information to the
     8  National Integrated Ballistics Identification Network.
     9    (d) For purposes of this subdivision, "shell casing" means  that  part
    10  of  ammunition capable of being used in a firearm, rifle or shotgun that
    11  contains the primer and propellant powder to  discharge  the  bullet  or
    12  projectile.
    13    §  3.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law.
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