STATE OF NEW YORK
        ________________________________________________________________________
                                           470
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen. PERALTA -- 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  requiring  semiautomatic
          pistols manufactured or delivered to any licensed dealer in this state
          to be capable of microstamping ammunition
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "crime gun identification act of 2017".
     3    §  2.  Legislative  findings and intent. The legislature finds that in
     4  2005, the national clearance rate for homicide cases  was  approximately
     5  60%  and  over  3,000 gun homicide cases went unsolved; that in approxi-
     6  mately half of gun homicide investigations a spent cartridge casing, but
     7  not a firearm, is recovered at the crime scene; that currently  deployed
     8  national  ballistic  identification  systems  cannot identify the serial
     9  number of a gun unless the gun itself has been recovered;  that  firearm
    10  microstamping  is  a  revolutionary forensic technology that produces an
    11  identifiable alpha-numeric and geometric  code  onto  the  rear  of  the
    12  cartridge  casing  each  time  a semiautomatic pistol is fired; that the
    13  alpha-numeric and geometric code on an expended  cartridge  casing  will
    14  provide  an initial lead for law enforcement by enabling law enforcement
    15  to match the cartridge casing found at a crime to the original owner  of
    16  the  firearm;  that  information  from completed crime gun tracing is an
    17  important element utilized by COMPSTAT and other crime analysis  systems
    18  to  target  illegal  firearms trafficking; that microstamping technology
    19  continues to  produce  identifiable  markings  onto  expended  cartridge
    20  casings  even after thousands of rounds of testing; that this additional
    21  tool will help law  enforcement  investigate  illegal  gun  trafficking,
    22  close  firearm-related  criminal  cases and protect the public; and that
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00042-01-7

        S. 470                              2
     1  legislative action is necessary to require all new semiautomatic pistols
     2  sold after January 1, 2019 to be microstamp-ready.
     3    §  3.  Section  265.00  of  the penal law is amended by adding two new
     4  subdivisions 26 and 27 to read as follows:
     5    26. "Microstamp-ready", when used with reference  to  a  semiautomatic
     6  pistol,  means  that  such  pistol  is  manufactured to produce a unique
     7  alpha-numeric or geometric code  on  at  least  two  locations  on  each
     8  expended  cartridge  case  that  identifies  the make, model, and serial
     9  number of the pistol.
    10    27. "Microstamping component or mechanism", when used  with  reference
    11  to a semiautomatic pistol, means a component or mechanism of such pistol
    12  designed  and  intended  to  produce a unique alpha-numeric or geometric
    13  code on an expended cartridge that identifies the make, model, and seri-
    14  al number of the pistol.
    15    § 4. Subdivision 6 of section 265.10 of the penal law, as  amended  by
    16  chapter 189 of the laws of 2000, is amended to read as follows:
    17    6. (a) Any person who wilfully defaces any machine-gun, large capacity
    18  ammunition feeding device or firearm, including defacing a microstamping
    19  component or mechanism of a semiautomatic pistol, is guilty of a class D
    20  felony.
    21    (b) Any dealer in firearms licensed under section 400.00 of this chap-
    22  ter  who sells, offers for sale, exchanges, gives, transfers or delivers
    23  a semiautomatic pistol, knowing that a microstamping component or  mech-
    24  anism  of such pistol has been defaced, is guilty of a class A misdemea-
    25  nor. For purposes of this subdivision, defacing a  semiautomatic  pistol
    26  does  not  include  (1)  modifying  a  semiautomatic pistol to render it
    27  microstamp-ready or (2) replacing the  firing  pin  of  a  semiautomatic
    28  pistol  that  is microstamp-ready when such pin is damaged or in need of
    29  replacement for the safe use of such pistol, or replacing such pin for a
    30  legitimate sporting purpose.
    31    § 5. The penal law is amended by adding two new  sections  265.38  and
    32  265.39 to read as follows:
    33  § 265.38 Microstamping of semiautomatic pistols; penalties.
    34    It shall be unlawful:
    35    1.  for  any  dealer in firearms licensed under section 400.00 of this
    36  chapter, to sell, offer for sale, exchange, give, transfer or deliver  a
    37  semiautomatic  pistol  manufactured on or after January first, two thou-
    38  sand nineteen to any person other than a dealer in firearms, unless such
    39  pistol is microstamp-ready; or
    40    2. for any manufacturer or wholesale dealer to deliver or cause to  be
    41  delivered  to  any person in this state, a semiautomatic pistol manufac-
    42  tured after January first, two thousand nineteen, unless the manufactur-
    43  er certifies to such person at the time of such delivery, in  accordance
    44  with  rules and regulations promulgated by the division of state police,
    45  that such pistol is microstamp-ready. Such rules and  regulations  shall
    46  include  a  requirement that, as part of the certification, the manufac-
    47  turer shall provide the make, model and serial number of the pistol.
    48    A violation of any provision of this section is a class B misdemeanor;
    49  provided, however, that a person, including a dealer in firearms, whole-
    50  sale dealer or a  manufacturer,  who  violates  any  provision  of  this
    51  section   after  having  previously  been  convicted  of  violating  any
    52  provision of this section is guilty of a class A misdemeanor.
    53  § 265.39 Microstamping of semiautomatic pistols; affirmative defense.
    54    In any prosecution under subdivision one of  section  265.38  of  this
    55  article,  it  is  an affirmative defense that the dealer in firearms, at

        S. 470                              3
     1  the time of sale, offer for sale, exchange, giving, transfer or delivery
     2  of the semiautomatic pistol, was in possession of:
     3    1.  a  certification  from  the  manufacturer of such pistol delivered
     4  pursuant to subdivision two of section 265.38 of this article, that such
     5  pistol is microstamp-ready; or
     6    2. an exact copy of such  certification  obtained  by  the  dealer  in
     7  firearms  from such manufacturer in accordance with applicable rules and
     8  regulations promulgated by the division of state police.
     9    The division of state police shall promulgate  rules  and  regulations
    10  governing  procedures  and  standards for exact copies of certifications
    11  and the obtaining of such copies by a dealer in firearms from a manufac-
    12  turer for purposes of this section.
    13    § 6. Subdivision 5 of section 265.15 of the penal law, as  amended  by
    14  chapter 695 of the laws of 1987, is amended to read as follows:
    15    5.  The  possession  by  any person of a defaced machine-gun, firearm,
    16  rifle or shotgun is presumptive evidence that such  person  defaced  the
    17  same;  provided,  however,  that  this  subdivision  shall  not apply to
    18  possession of  a  semiautomatic  pistol  where  the  defacement  alleged
    19  consists  of  defacing  a  microstamping  component or mechanism of such
    20  pistol.
    21    § 7. This act shall take effect January 1, 2019, or at such time  that
    22  the  superintendent of the state police has received written notice from
    23  one or more microstamp job shops that such shop or shops are willing and
    24  prepared to produce microstamp structures on two internal surfaces of  a
    25  semiautomatic  pistol  as defined in subdivision 26 of section 265.00 of
    26  the penal law for a price of twelve dollars  or  less  at  a  production
    27  level  of one thousand semiautomatic pistols per batch, whichever occurs
    28  later; provided that the division  of  state  police  shall  notify  the
    29  legislative  bill drafting commission upon the occurrence of the receipt
    30  of the written notice provided for in this section  in  order  that  the
    31  commission  may  maintain  an accurate and timely effective data base of
    32  the official text of the laws of the state of New York in furtherance of
    33  effectuating the provisions of this  act,  and  provided  further,  that
    34  effective  immediately  the  superintendent  of  the  state police shall
    35  promulgate rules and regulations necessary  for  the  implementation  of
    36  this act.