Bill Text: NY S05000 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the purchase of firearms, rifles and shotguns.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2021-07-06 - SIGNED CHAP.236 [S05000 Detail]

Download: New_York-2021-S05000-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5000

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 22, 2021
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to the purchase and  disposal
          of  firearms,  rifles and shotguns; and to amend the executive law, in
          relation to the reporting of  firearms  seized  or  recovered  by  law
          enforcement

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

     1    Section 1.  Section 265.17 of the penal law, as amended by  chapter  1
     2  of the laws of 2013, is amended to read as follows:
     3  § 265.17 Criminal purchase or disposal of a weapon.
     4    A person is guilty of criminal purchase or disposal of a weapon when:
     5    1.  Knowing  that  he  or  she  is prohibited by law from possessing a
     6  firearm, rifle or shotgun because of a prior conviction  or  because  of
     7  some  other  disability  which  would  render  him  or her ineligible to
     8  lawfully possess a firearm, rifle or shotgun in this  state,  or  he  or
     9  she,  with  knowledge  that  he  or she is the subject of an outstanding
    10  warrant of arrest issued upon the alleged  commission  of  a  felony  or
    11  serious  offense, such person purchases or otherwise acquires a firearm,
    12  rifle or shotgun from another person; or
    13    2. Knowing that it would be unlawful for another person to  possess  a
    14  firearm, rifle or shotgun, or knowing that another person is the subject
    15  of  an  outstanding warrant of arrest issued upon the alleged commission
    16  of a felony or  serious  offense,  he  or  she  purchases  or  otherwise
    17  acquires  a  firearm, rifle or shotgun for, on behalf of, or for the use
    18  of such other person; or
    19    3. Knowing that another person is prohibited by law from possessing  a
    20  firearm,  rifle  or  shotgun because of a prior conviction or because of
    21  some other disability which  would  render  him  or  her  ineligible  to
    22  lawfully  possess  a firearm, rifle or shotgun in this state, or knowing
    23  that another person is the subject of an outstanding warrant  of  arrest

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09870-02-1
        S. 5000                             2

     1  issued  upon  the  alleged  commission of a felony or serious offense, a
     2  person disposes of a firearm, rifle or shotgun to such other person.
     3    Criminal purchase or disposal of a weapon is a class D felony.
     4    §  2.  Subdivisions  4  and  5 of section 230 of the executive law, as
     5  added by chapter 189 of the laws of 2000,  are  amended  and  three  new
     6  subdivisions 6, 7 and 8 are added to read as follows:
     7    4.  The superintendent of the division of state police shall establish
     8  and maintain within the division  a  criminal  gun  clearinghouse  as  a
     9  central  repository of information regarding all guns seized, forfeited,
    10  found or otherwise coming into the possession of any state or local  law
    11  enforcement  agency  which are believed to have been used in the commis-
    12  sion of a crime. The superintendent of  the  division  of  state  police
    13  shall  adopt and promulgate regulations prescribing reporting procedures
    14  for such state or local law enforcement agencies, including the form for
    15  reporting such information. In addition to any other  information  which
    16  the superintendent of the division of state police may require, the form
    17  shall  require (a) the serial number or other identifying information on
    18  the gun, if available and (b) a brief description of  the  circumstances
    19  under  which  the  gun  came  into the possession of the law enforcement
    20  agency, including the crime which was or may have  been  committed  with
    21  the  gun.  Whenever  a  state  or local law enforcement agency seizes or
    22  recovers a gun that was unlawfully possessed,  recovered  from  a  crime
    23  scene, or is reasonably believed to have been used in or associated with
    24  the  commission  of a crime, or is otherwise recovered by such agency as
    25  an abandoned or discarded gun, such agency shall report such  seized  or
    26  recovered  gun to the criminal gun clearinghouse as soon as practicable,
    27  but in no case more than twenty-four hours after such agency  has  taken
    28  possession of such gun.  Every report made to the criminal gun clearing-
    29  house  shall result in the submission of a request to the national trac-
    30  ing center of the bureau of alcohol, tobacco, firearms and explosives to
    31  initiate a trace of  such  gun  and  the  bureau  of  alcohol,  tobacco,
    32  firearms  and  explosives  shall  be  directed  to provide the gun trace
    33  results to the superintendent of the division of state police and to the
    34  law enforcement agency that submitted the clearinghouse report.
    35    5. [In any case where a state or local law enforcement agency investi-
    36  gates the commission of a crime in this state  and  a  specific  gun  is
    37  known  to  have  been  used  in  such  crime, such agency shall submit a
    38  request to the national tracing center of the United  States  Department
    39  of  Treasury, bureau of alcohol, tobacco and firearms to trace the move-
    40  ment of such gun and such federal agency shall be requested  to  provide
    41  the  superintendent  of  the  division of state police and the local law
    42  enforcement agency with the results of such a  trace.  This  subdivision
    43  shall  not  apply  where the source of a gun is already known to a local
    44  law enforcement agency.] All state and local  law  enforcement  agencies
    45  shall  participate  in  the  bureau  of  alcohol,  tobacco, firearms and
    46  explosives collective data sharing program for the  purpose  of  sharing
    47  gun  trace  data  among  all  law enforcement agencies in the state on a
    48  reciprocal basis.
    49    6. (a) Whenever a state or local  law  enforcement  agency  seizes  or
    50  recovers  a  gun that was unlawfully possessed, recovered from the scene
    51  of a crime, or is reasonably  believed  to have been used in or  associ-
    52  ated  with  the commission of a crime, or is otherwise recovered by such
    53  agency as an abandoned or discarded gun, such agency shall  arrange  for
    54  every  such  gun that is determined to be of a type that is eligible for
    55  national integrated ballistic information network data entry and  corre-
    56  lation  to be test-fired as soon as practicable, and the results of such
        S. 5000                             3

     1  test-firing shall be submitted  forthwith  to  the  national  integrated
     2  ballistic  information  network to determine whether such gun is associ-
     3  ated or related to a crime, criminal event, or any individual associated
     4  or  related  to  a  crime or criminal event or reasonably believed to be
     5  associated or related to a crime or criminal event.
     6    (b) Whenever a state or local law enforcement agency seizes or  recov-
     7  ers any ammunition cartridge case from the scene of a crime that is of a
     8  type  that  is  eligible  for  national integrated ballistic information
     9  network data entry and correlation, or otherwise has reason  to  believe
    10  that any seized or recovered ammunition cartridge case that is of a type
    11  that  is  eligible for national integrated ballistic information network
    12  data entry and correlation is related to or associated with the  commis-
    13  sion  of  a crime or the unlawful discharge of a gun, such agency shall,
    14  as soon as practicable, arrange for the  ballistics  information  to  be
    15  submitted to the national integrated ballistic information network.
    16    7. Whenever a state or local law enforcement agency seizes or recovers
    17  any  gun, such agency shall promptly enter the make, model, caliber, and
    18  serial number of such gun into the  national  crime  information  center
    19  system to determine whether such gun was reported stolen.
    20    8.  The  superintendent  may adopt rules and regulations to effectuate
    21  the provisions of this section.
    22    § 3. This act shall take effect July 1, 2021.