STATE OF NEW YORK ________________________________________________________________________ 4798 2017-2018 Regular Sessions IN ASSEMBLY February 3, 2017 ___________ Introduced by M. of A. ROSENTHAL, GOTTFRIED, ABINANTI -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the state finance law, in relation to establishing the municipal firearm recovery program and municipal firearm recovery 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 firearm recovery program. 4 1. For purposes of this section, the following terms shall have the 5 following meanings: 6 (a) "Agency" means local municipal police departments and the division 7 of state police. 8 (b) "MFRP" means municipal firearm recovery program or any related gun 9 buyback program implemented by municipal police departments or local 10 community organizers. 11 (c) "Gun buyback program" means any program in which firearms, 12 machine-guns or ammunition are purchased by or surrendered to the super- 13 intendent of the division of state police or a member thereof designated 14 by such superintendent, or to a county sheriff, or in the counties of 15 Nassau and Suffolk to the commissioner of police or a member of the 16 police department thereof designated by such commissioner, or to the 17 police commissioner or head of the police force or department of any 18 city, town other than one named in this paragraph, or village thereof or 19 to a member of the force or department designated by such commissioner 20 or head. 21 (d) "Firearm" means any firearm as defined in subdivision three of 22 section 265.00 of this chapter and is in good working order. 23 (e) "Superintendent" means the superintendent of the division of state 24 police. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [
] is old law to be omitted. LBD05420-01-7
A. 4798 2 1 (f) "Secretary" means the secretary of the department of state. 2 (g) "Active law enforcement officer" means any member currently 3 employed in law enforcement or who is authorized to carry a firearm in 4 the course of his or her employment. 5 2. The municipal firearm recovery program ("MFRP") is hereby estab- 6 lished and shall be implemented by the agencies as funds are allocated 7 through the municipal firearm recovery fund established under section 8 ninety-seven-cc of the state finance law. The agency shall: 9 (a) In coordination with the community groups within its jurisdiction, 10 select a location site for purposes of implementing a MFRP; and 11 (b) Designate dates and times when a participating individual may 12 surrender a firearm as defined in paragraph (d) of subdivision one of 13 this section and subdivision three of section 265.00 of this chapter in 14 exchange for funds of a predetermined value on a gift certificate or 15 coupon of equal value as determined by the agency. The participating 16 agency shall determine the amounts to be exchanged for each firearm 17 surrendered. The gun buyback program shall exist for not more than a 18 sixty-day period in any calendar year or shall exist until the funds 19 acquired or received for the purchase of the firearm are exhausted. 20 3. The division of state police, in conjunction with the department of 21 state shall administer this program and promulgate rules and regulations 22 for the implementation of this program. Such rules shall include, but 23 not be limited to: 24 (a) the manner in which the funds will be allocated and distributed; 25 (b) provide guidelines for the safe storage and disposal of recovered 26 weapons in the possession of the participating agency. For purposes of 27 this section, "disposal" shall only include the destruction of the 28 firearms, except that, a stolen weapon shall be returned to its rightful 29 owner on proof of ownership, unless the lawful owner of the firearm is 30 ineligible to possess a firearm under applicable state laws, the entity 31 operating the gun buyback program shall destroy the firearm in compli- 32 ance with this section. However, if it is determined that the firearm 33 was used in a crime after a review under paragraph (d) of this subdivi- 34 sion, it shall be retained for evidence; 35 (c) prohibit active law enforcement officers, as defined in paragraph 36 (g) of subdivision one of this section, from participating in such 37 program; 38 (d) require that the serial number of every firearm obtained by such 39 gun buyback program is checked against the New York Statewide Police 40 Information Network (NYSPIN) records; and 41 (e) promulgate rules and regulations necessary to successfully run 42 such a program. 43 4. Any individual who elects to surrender a firearm anonymously to a 44 MFRP may do so and personal identification shall only be required to be 45 presented for proof of residency. 46 5. Any person participating in a MFRP shall be immune from criminal 47 prosecution for the criminal offenses established by sections 265.01, 48 265.02, 265.03, and 265.05 of this chapter, provided the person is, in 49 good faith, on an immediate, direct route to the predetermined MFRP 50 site. 51 § 2. The state finance law is amended by adding a new section 97-cc to 52 read as follows: 53 § 97-cc. Municipal firearm recovery fund. 1. There is hereby estab- 54 lished, in the joint custody of the superintendent of state police and 55 the secretary of state a fund to be known as the municipal firearm 56 recovery fund.
A. 4798 3 1 2. The superintendent and the secretary shall promulgate rules and 2 regulations for the implementation and distribution of this fund and 3 shall seek monies from the general fund to assist municipalities in the 4 firearm recovery program established under section 400.15 of the penal 5 law. 6 3. Additional funding may be acquired by municipalities through 7 donations from private businesses, charities and individuals and may be 8 acquired from the municipality's assets, seizures and forfeiture fund if 9 the municipality possesses such fund. 10 § 3. This act shall take effect on the one hundred eightieth day after 11 it shall have become a law. Effective immediately, the addition, amend- 12 ment and/or repeal of any rule or regulation necessary for the implemen- 13 tation of this act on its effective date is authorized to be made and 14 completed on or before such effective date.