Bill Text: NY A02329 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires all law enforcement to report information regarding certain firearms to the National Crime Information Center; 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 9-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02329 Detail]
Download: New_York-2021-A02329-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2329 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ Introduced by M. of A. SIMON, GRIFFIN -- Multi-Sponsored by -- M. of A. DINOWITZ, EPSTEIN, GOTTFRIED, HUNTER, PAULIN, REYES, WEPRIN -- read once and referred to the Committee 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. LBD01080-01-1A. 2329 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.
