STATE OF NEW YORK
        ________________________________________________________________________

                                          5426

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 4, 2021
                                       ___________

        Introduced  by  Sens.  PARKER, COMRIE, SERRANO -- read twice and ordered
          printed, and when printed to be committed to the Committee on Consumer
          Protection

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09355-01-1

        S. 5426                             2

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