STATE OF NEW YORK
        ________________________________________________________________________
                                          5822
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced by M. of A. MOSLEY -- read once and referred to the Committee
          on Codes
        AN  ACT  to  amend  the  general  business law, in relation to a firearm
          ballistic identification databank
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  396-ff to read as follows:
     3    §  396-ff.  Firearm  ballistic  identification  databank.  (1) For the
     4  purposes of this section, the following terms shall have  the  following
     5  meanings:
     6    (a)  "Manufacturer" means any person, firm or corporation possessing a
     7  valid federal license that permits such person, firm or  corporation  to
     8  engage  in the business of manufacturing firearms or ammunition therefor
     9  for the purpose of sale or distribution.
    10    (b) "Shell casing" means that part of ammunition capable of being used
    11  in a firearm that contains the primer and propellant powder to discharge
    12  the bullet or projectile.
    13    (c) "Firearm" means a pistol, revolver, or assault weapon  as  defined
    14  in  section 265.00 of the penal law, rifle, or other long-barreled weap-
    15  on.
    16    (2) Any manufacturer that ships, transports or delivers a  firearm  to
    17  any person in this state shall, in accordance with rules and regulations
    18  promulgated  by  the  division of state police, include in the container
    19  with such firearm a separate sealed container that encloses:
    20    (a) a shell casing of a bullet  or  projectile  discharged  from  such
    21  firearm; and
    22    (b)  any additional information that identifies such firearm and shell
    23  casing as required by such rules and regulations.
    24    (3) A gunsmith or dealer in firearms licensed  in  this  state  shall,
    25  within  ten  days of the receipt of any firearm from a manufacturer that
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09923-01-9

        A. 5822                             2
     1  fails to comply with the provisions of this section, either  (a)  return
     2  such  firearm  to such manufacturer, or (b) notify the division of state
     3  police of such noncompliance and thereafter obtain a  substitute  sealed
     4  container  through  participation  in  a  program  operated by the state
     5  police as provided in subdivision four of this section.
     6    (4) The division of state police shall no later  than  October  first,
     7  two  thousand twenty, promulgate rules and regulations for the operation
     8  of a program which provides a gunsmith or a dealer in firearms  licensed
     9  in  this  state with a sealed container enclosing the items specified in
    10  subdivision two of this section. The program shall at a minimum:
    11    (a) be operational by January first, two thousand twenty-one;
    12    (b) operate in at least five regional locations within the state; and
    13    (c) specify procedures by which such gunsmith or dealer is to  deliver
    14  a  firearm  to the regional program location closest to his or her place
    15  of business for testing and prompt return of such firearm.
    16    (5) A gunsmith or dealer in firearms licensed  in  this  state  shall,
    17  within  ten  days of delivering to any person a firearm received by such
    18  gunsmith or dealer in firearms, forward to the division of state police,
    19  along with the  original  transaction  report  required  by  subdivision
    20  twelve  of section 400.00 of the penal law, the sealed container enclos-
    21  ing the shell casing from such firearm  either  (a)  received  from  the
    22  manufacturer, or (b) obtained through participation in the program oper-
    23  ated by the division of state police in accordance with subdivision four
    24  of this section.
    25    (6) Upon receipt of the sealed container, the division of state police
    26  shall  cause to be entered in an automated electronic databank pertinent
    27  data and other ballistic information relevant to identification  of  the
    28  shell casing and to the firearm from which it was discharged.  The auto-
    29  mated  electronic  databank will be operated and maintained by the divi-
    30  sion of state police, in  accordance  with  its  rules  and  regulations
    31  adopted  after consultation with the Federal Bureau of Investigation and
    32  the United States Department of Justice,  Bureau  of  Alcohol,  Tobacco,
    33  Firearms  and Explosives to ensure compatibility with national ballistic
    34  technology.
    35    (7) Any person, firm or corporation who knowingly violates any of  the
    36  provisions of this section shall be guilty of a violation, punishable as
    37  provided in the penal law. Any person, firm or corporation who knowingly
    38  violates  any of the provisions of this section after having been previ-
    39  ously convicted of a violation of this section  shall  be  guilty  of  a
    40  class A misdemeanor, punishable as provided in the penal law.
    41    §  2.  This  act  shall take effect on the sixtieth day after it shall
    42  have become a law.