2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
        Introduced  by M. of A. ROSENTHAL, MAYER, GOTTFRIED, ABINANTI, JAFFEE --
          read once  and  referred  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 and the state finance law, in relation to
          establishing the municipal  gun  buyback  program  and  municipal  gun
          buyback fund
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding a new section 400.15  to
     2  read as follows:
     3  § 400.15 Municipal gun buyback program.
     4    1.  For  purposes  of this section, the following terms shall have the
     5  following meanings:
     6    (a) "Agency" means the police force or department of any county, city,
     7  town, or village or a county sheriff.
     8    (b) "Gun buyback program" means any program in which a firearm, rifle,
     9  shotgun or ammunition may be purchased by or surrendered  to  an  agency
    10  pursuant to this section.
    11    (c) "Superintendent" means the superintendent of the division of state
    12  police.
    13    (d) "Secretary" means the secretary of the department of state.
    14    2.  The  municipal gun buyback program is hereby established. Agencies
    15  may participate at their option  as  funds  are  allocated  through  the
    16  municipal  gun buyback fund established under section ninety-seven-cc of
    17  the state finance law.
    18    3. The division of state police, in conjunction with the department of
    19  state shall administer this program and promulgate any rules  and  regu-
    20  lations  the  superintendent  deems  necessary for the implementation of
    21  this program. Such rules may include:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4798--A                          2
     1    (a) guidelines for an agency participating in the program  to  coordi-
     2  nate  with  community  groups within its jurisdiction, select a location
     3  and designate dates  and  times  when  a  participating  individual  may
     4  surrender a firearm, rifle, shotgun, or ammunition in exchange for funds
     5  of a predetermined value;
     6    (b) the manner in which an agency may apply for funds to support a gun
     7  buyback  program and the manner in which the funds will be allocated and
     8  distributed;
     9    (c)  guidelines  for  the  safe  storage  and  disposal  of  recovered
    10  firearms,  rifles,  shotguns,  or  ammunition  in  the possession of the
    11  participating agency, return of any recovered  stolen  property  to  its
    12  rightful  owner  as  appropriate,  and  retention  for  evidence  of any
    13  firearm, rifle, or shotgun determined to have been used in a crime; and
    14    (d) provisions for checking the serial number of every firearm, rifle,
    15  or shotgun obtained by such gun buyback program  against  the  New  York
    16  Statewide Police Information Network records.
    17    4. Any individual who elects to surrender a firearm anonymously pursu-
    18  ant  to this section may do so and personal identification shall only be
    19  required to be presented for proof of residency.
    20    5. Any person participating in a gun buyback program pursuant to  this
    21  section  shall  be  immune  from  criminal  prosecution for the criminal
    22  offenses established by sections 265.01, 265.02, 265.03, and  265.05  of
    23  this  chapter,  provided  the person is, in good faith, on an immediate,
    24  direct route to the gun buyback program site.
    25    6. Nothing in this section shall limit the authority of any agency  to
    26  conduct a gun buyback program otherwise permitted by law.
    27    § 2. The state finance law is amended by adding a new section 97-cc to
    28  read as follows:
    29    §  97-cc.  Municipal gun buyback fund. 1. There is hereby established,
    30  in the joint custody of the  superintendent  of  state  police  and  the
    31  secretary of state a fund to be known as the municipal gun buyback fund.
    32    2.  The  superintendent  and  the secretary shall promulgate rules and
    33  regulations for the implementation and  distribution  of  this  fund  to
    34  assist  municipalities  in  the  gun  buyback  program established under
    35  section 400.15 of the penal law.
    36    3. Funding may be allocated from the general fund or acquired  through
    37  donations  from  private  businesses,  charities and individuals or from
    38  assets, seizures and forfeitures collected by the agencies.
    39    § 3. This act shall take effect on the one hundred eightieth day after
    40  it shall have become a law. Effective immediately, the addition,  amend-
    41  ment and/or repeal of any rule or regulation necessary for the implemen-
    42  tation  of  this act on its effective date are authorized to be made and
    43  completed on or before such effective date.