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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5000--A

                               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  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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 knowing
     9  that he or she is the subject of an outstanding warrant of arrest issued
    10  upon the alleged commission of a felony or serious offense, such  person
    11  purchases or otherwise acquires a firearm, rifle or shotgun from another
    12  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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09870-03-1
        S. 5000--A                          2

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

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