Bill Text: NY S08792 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes a statewide database to maintain and track coded ammunition; establishes penalties for individuals who violate such provisions; also establishes the ammunition coding system database fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-18 - REFERRED TO CONSUMER PROTECTION [S08792 Detail]

Download: New_York-2017-S08792-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8792
                    IN SENATE
                                      May 18, 2018
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general business law and the penal law, in  relation
          to establishing a statewide database to maintain and track coded ammu-
          nition  and  establishing  penalties  for individuals who violate such
          provisions; and to amend the state finance law, in relation to  estab-
          lishing the ammunition coding system database fund
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings. The  legislature  hereby  finds  that
     2  each year in the United States more than thirty percent of all homicides
     3  involving  a  gun  go unsolved. Handgun ammunition accounts for approxi-
     4  mately eighty percent of all ammunition sold within the  United  States.
     5  Current technology for matching a bullet used in a crime to the gun that
     6  fired  it has worked moderately well for years, but presupposes that the
     7  weapon was recovered by law enforcement. Ammunition coding is a new  and
     8  effective  way for law enforcement to quickly identify persons of inter-
     9  est in gun crime investigations.
    10    § 2. The general business law is amended by adding a new section  396-
    11  gg to read as follows:
    12    § 396-gg. Ammunition coding system database. 1. The division of crimi-
    13  nal  justice services is responsible for establishing and maintaining an
    14  ammunition  coding  system  database  containing  information  from  the
    15  following:
    16    a.  The  manufacturer  registry. (i) Every manufacturer shall register
    17  with the division of criminal justice services in a manner prescribed by
    18  the division, and shall maintain records on the business premises for  a
    19  period  of  seven  years  concerning  all sales, loans, and transfers of
    20  ammunition to, from, or within the state.
    21    (ii) Every manufacturer shall code any  ammunition  for  handguns  and
    22  assault  weapons  sold or manufactured after January first, two thousand
    23  nineteen.
    24    b. The vendor registry. Every vendor of ammunition shall register with
    25  the division of criminal justice services in a manner prescribed by  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08935-03-8
        S. 8792                             2
     1  division,  and  shall  record  the  following  information  in  a format
     2  prescribed by the division:
     3    (i) the date of the transaction;
     4    (ii) the name of the transferee;
     5    (iii)  the  purchaser's  driver's  license  number or other government
     6  issued identification card number;
     7    (iv) the date of birth of the purchaser;
     8    (v) the unique identifier of all handgun ammunition or bullets  trans-
     9  ferred; and
    10    (vi) any other information determined necessary by the division.
    11    Every  vendor  shall  maintain  these  records on their premises for a
    12  period of at least three years from the date of the recorded purchase.
    13    2. To the greatest extent possible or practical, the ammunition coding
    14  system database shall be built within the framework of existing firearms
    15  databases. The ammunition coding system database shall be operational no
    16  later than January first, two thousand twenty.
    17    3. Privacy of individuals is  of  the  utmost  importance.  Access  to
    18  information in the ammunition coding system database is reserved for key
    19  law  enforcement  personnel and to be released only in connection with a
    20  criminal investigation.
    21    4. The cost of maintaining the database shall be funded by the ammuni-
    22  tion coding system database fund established pursuant to  section  nine-
    23  ty-one-e  of  the  state finance law. Vendors shall charge an additional
    24  $.005 per bullet or round of ammunition to the purchaser.   Such  moneys
    25  shall be deposited into the fund.
    26    5.  Any  person  in possession of non-coded ammunition must dispose of
    27  such ammunition no later than January first, two thousand twenty-one.
    28    6. a. Any  manufacturer  that  willfully  fails  to  comply  with  the
    29  provisions of this section shall be subject to a fine of up to one thou-
    30  sand  dollars for a first offense; a fine of up to five thousand dollars
    31  for a second offense; and a fine of up to ten  thousand  dollars  for  a
    32  third and each subsequent offense.
    33    b.  Any  vendor  that willfully fails to comply with the provisions of
    34  this section shall be subject to a fine of up to  one  thousand  dollars
    35  for  a  first offense; a fine of up to two thousand dollars for a second
    36  offense; and a fine of up to five thousand dollars for a third and  each
    37  subsequent  offense.  In  addition  to any fine imposed pursuant to this
    38  section, a vendor may be subject to a term of imprisonment of less  than
    39  one year for each violation.
    40    7.  For  purposes  of  this section, "coded ammunition" means a bullet
    41  carrying a unique identifier that has been applied by etching  onto  the
    42  base of the bullet projectile.
    43    §  3.  The penal law is amended by adding a new section 265.50 to read
    44  as follows:
    45  § 265.50 Unlawful sale or possession of uncoded ammunition.
    46    A person is guilty of unlawful sale of uncoded ammunition when  he  or
    47  she:
    48    1.  sells  any  ammunition that has not been coded pursuant to section
    49  three hundred ninety-six-gg of the general business law; or
    50    2. possesses any ammunition that is uncoded, or the code of which  has
    51  been rendered unreadable.
    52    Unlawful  sale or possession of uncoded ammunition is a class A misde-
    53  meanor.
    54    § 4. The state finance law is amended by adding a new section 91-e  to
    55  read as follows:
        S. 8792                             3
     1    §  91-e.  Ammunition  coding  system database fund. 1. There is hereby
     2  created in the joint custody of the comptroller and the commissioner  of
     3  taxation and finance, a fund to be known as the ammunition coding system
     4  database fund.
     5    2.  The fund shall consist of all moneys collected pursuant to section
     6  three hundred ninety-six-gg of the general business law,  or  any  other
     7  money appropriated to the fund by law.
     8    3.  The moneys of the fund shall be used to establish and maintain the
     9  ammunition coding system database  created  pursuant  to  section  three
    10  hundred ninety-six-gg of the general business law.
    11    4.  Moneys  shall be payable from the fund on the audit and warrant of
    12  the state comptroller on vouchers approved and certified by the director
    13  of the division of criminal justice services.
    14    § 5. This act shall take effect on the ninetieth day  after  it  shall
    15  have become a law.