Bill Text: NY A10771 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires a state or local law enforcement agency report any seized or recovered gun to the criminal gun clearinghouse as soon as practicable, but in no case more than twenty-four hours after the agency has taken possession of such gun; requires state and local law enforcement agencies participate in the bureau of alcohol, tobacco, firearms and explosives collective data sharing program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-09 - referred to codes [A10771 Detail]

Download: New_York-2019-A10771-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10771

                   IN ASSEMBLY

                                      July 9, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
          read once and referred to the Committee on Codes

        AN ACT to amend the executive law, in relation to requiring reporting on
          a seized or recovered gun to the criminal gun clearinghouse

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions 4 and 5 of section 230 of the executive law,
     2  as added by chapter 189 of the laws of 2000, are amended and  three  new
     3  subdivisions 6, 7 and 8 are added to read as follows:
     4    4.  The superintendent of the division of state police shall establish
     5  and maintain within the division  a  criminal  gun  clearinghouse  as  a
     6  central  repository of information regarding all guns seized, forfeited,
     7  found or otherwise coming into the possession of any state or local  law
     8  enforcement  agency  which are believed to have been used in the commis-
     9  sion of a crime. The superintendent of  the  division  of  state  police
    10  shall  adopt and promulgate regulations prescribing reporting procedures
    11  for such state or local law enforcement agencies, including the form for
    12  reporting such information. In addition to any other  information  which
    13  the superintendent of the division of state police may require, the form
    14  shall  require (a) the serial number or other identifying information on
    15  the gun, if available and (b) a brief description of  the  circumstances
    16  under  which  the  gun  came  into the possession of the law enforcement
    17  agency, including the crime which was or may have  been  committed  with
    18  the  gun.    Whenever  a state or local law enforcement agency seizes or
    19  recovers a gun that was unlawfully possessed,  recovered  from  a  crime
    20  scene, or is reasonably believed to have been used in or associated with
    21  the  commission  of a crime or is otherwise recovered as an abandoned or
    22  discarded gun, the agency shall report such seized or recovered  gun  to
    23  the  criminal  gun  clearinghouse as soon as practicable, but in no case
    24  more than twenty-four hours after the agency  has  taken  possession  of
    25  such  gun.  Every  report  made  to  the criminal gun clearinghouse will
    26  result in the prompt submission of a request  to  the  national  tracing
    27  center  of  the  bureau  of alcohol, tobacco, firearms and explosives to
    28  trace the movement of the subject gun and such federal  agency  will  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16687-01-0
        A. 10771                            2

     1  requested  to  provide the results of such a trace to the superintendent
     2  of the division of state police and to the law enforcement  agency  that
     3  submitted the clearinghouse report.
     4    5. [In any case where a state or local law enforcement agency investi-
     5  gates  the  commission  of  a  crime in this state and a specific gun is
     6  known to have been used in  such  crime,  such  agency  shall  submit  a
     7  request  to  the national tracing center of the United States Department
     8  of Treasury, bureau of alcohol, tobacco and firearms to trace the  move-
     9  ment  of  such gun and such federal agency shall be requested to provide
    10  the superintendent of the division of state police  and  the  local  law
    11  enforcement  agency  with  the results of such a trace. This subdivision
    12  shall not apply where the source of a gun is already known  to  a  local
    13  law  enforcement  agency.]  All state and local law enforcement agencies
    14  shall participate in  the  bureau  of  alcohol,  tobacco,  firearms  and
    15  explosives  collective  data  sharing program for the purpose of sharing
    16  gun trace reports among all law enforcement agencies in the state  on  a
    17  reciprocal basis.
    18    6.  (a)  Whenever  a  state  or local law enforcement agency seizes or
    19  recovers a gun that was unlawfully possessed, recovered from  the  scene
    20  of  a  crime,  or is reasonably believed to have been used or associated
    21  with the commission of a crime, or is recovered  by  the  agency  as  an
    22  abandoned  or discarded gun, the agency shall arrange for every such gun
    23  that is determined to be suitable for test-firing and of a type that  is
    24  eligible  for  national  integrated  ballistic  information network data
    25  entry and correlation to be test-fired as soon as practicable,  and  the
    26  results of that test-firing shall be submitted forthwith to the national
    27  integrated ballistic information network to determine whether the gun is
    28  associated  or  related  to  a  crime, criminal event, or any individual
    29  associated or related  to  a  crime  or  criminal  event  or  reasonably
    30  believed to be associated or related to a crime or criminal event.
    31    (b)  Whenever  a  state  or  local law enforcement agency recovers any
    32  ammunition cartridge case that  is  of  a  type  that  is  eligible  for
    33  national  integrated ballistic information network data entry and corre-
    34  lation at a crime scene, or has reason to believe  that  such  recovered
    35  ammunition  cartridge  case is related to or associated with the commis-
    36  sion of a crime or the unlawful discharge of a gun, the agency shall, as
    37  soon as practicable,  arrange  for  the  ballistics  information  to  be
    38  submitted to the national integrated ballistic information network.
    39    7. Whenever a state or local law enforcement agency seizes or recovers
    40  any  gun,  the agency shall promptly enter the make, model, caliber, and
    41  serial number of the gun into  the  national  crime  information  center
    42  (NCIC) system to determine whether the gun was reported stolen.
    43    8.  The  superintendent  may adopt rules and regulations to effectuate
    44  the provisions of this section.
    45    § 2. This act shall take effect on the one hundred eightieth day after
    46  it shall have become a law.