STATE OF NEW YORK
        ________________________________________________________________________

                                          2329

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. SIMON, GRIFFIN -- Multi-Sponsored by -- M. of A.
          DINOWITZ, EPSTEIN, GOTTFRIED, HUNTER, PAULIN, REYES,  WEPRIN  --  read
          once and referred to the Committee on Codes

        AN  ACT  to  amend the penal law, in relation to reporting duties of law
          enforcement with respect to certain seized and recovered firearms  and
          spent shell casings

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The section heading of section 400.10 of the penal law,  as
     2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     3  Report  of  theft  or  loss  of  a firearm, rifle or shotgun; additional
     4             reporting duties of law enforcement.
     5    § 2. Subdivision 3 of section 400.10 of the penal  law  is  renumbered
     6  subdivision 4 and a new subdivision 3 is added to read as follows:
     7    3. (a) Whenever a law enforcement agency seizes or recovers a firearm,
     8  rifle  or  shotgun,  the    agency  shall,  within  twenty-four hours of
     9  seizure, enter the make,  model,  caliber  and  serial  number  of  such
    10  firearm  into the National Crime Information Center to determine whether
    11  such firearm, rifle or shotgun was reported stolen.
    12    (b) Whenever a law enforcement agency seizes or  recovers  a  firearm,
    13  rifle  or  shotgun  that  was unlawfully possessed, used for an unlawful
    14  purpose, recovered from the scene of a crime, is reasonably believed  to
    15  have  been  used  or  associated  with  the commission of a crime, or is
    16  acquired by the agency as an abandoned or discarded  firearm,  rifle  or
    17  shotgun,  the  agency  shall,  arrange  for every such firearm, rifle or
    18  shotgun that is  determined  to  be  suitable  for  National  Integrated
    19  Ballistics Identification Network data entry and examination to be test-
    20  fired  as  soon as may be practicable and the results of the test-firing
    21  be  submitted  to  the  National  Integrated  Ballistics  Identification
    22  Network to determine whether the firearm, rifle or shotgun is associated
    23  or  related to a crime, criminal event,  or any individual associated or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01080-01-1

        A. 2329                             2

     1  related to a crime or criminal event or reasonably believed to be  asso-
     2  ciated or related to a crime or criminal event.
     3    (c)  Whenever a law enforcement agency recovers any spent shell casing
     4  at a crime scene or has reason to believe that the recovered spent shell
     5  casing is related to or associated with the   commission of a  crime  or
     6  the unlawful discharge of a firearm, rifle or shotgun, the agency shall,
     7  as  soon  as may be practicable, submit the ballistic information to the
     8  National Integrated Ballistics Identification Network.
     9    (d) For purposes of this subdivision, "shell casing" means  that  part
    10  of  ammunition capable of being used in a firearm, rifle or shotgun that
    11  contains the primer and propellant powder to  discharge  the  bullet  or
    12  projectile.
    13    §  3.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law.