STATE OF NEW YORK
        ________________________________________________________________________

                                          7226

                               2021-2022 Regular Sessions

                    IN SENATE

                                      June 7, 2021
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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. Section 265.00 of the penal law is amended  by  adding  two
     2  new subdivisions 32 and 33 to read as follows:
     3    32.  "Microstamp-ready",  when  used with reference to a semiautomatic
     4  pistol, means that such pistol  is  manufactured  to  produce  a  unique
     5  alpha-numeric  or  geometric  code  on  at  least  one  location on each
     6  expended cartridge case that identifies  the  make,  model,  and  serial
     7  number of the pistol.
     8    33.  "Microstamping  component or mechanism", when used with reference
     9  to a semiautomatic pistol, means a component or mechanism of such pistol
    10  designed and intended to produce a  unique  alpha-numeric  or  geometric
    11  code on an expended cartridge that identifies the make, model, and seri-
    12  al number of the pistol.
    13    §  2.  Subdivision 6 of section 265.10 of the penal law, as amended by
    14  chapter 189 of the laws of 2000, is amended to read as follows:
    15    6. (a) Any person who wilfully defaces any machine-gun, large capacity
    16  ammunition feeding device or firearm, including defacing a microstamping
    17  component or mechanism of a semiautomatic pistol, is guilty of a class D
    18  felony.
    19    (b) Any dealer in firearms licensed under section 400.00 of this chap-
    20  ter who sells, offers for sale, exchanges, gives, transfers or  delivers
    21  a  semiautomatic pistol, knowing that a microstamping component or mech-
    22  anism of such pistol has been defaced, is guilty of a class A  misdemea-
    23  nor.  For  purposes of this subdivision, defacing a semiautomatic pistol
    24  does not include (1) modifying  a  semiautomatic  pistol  to  render  it

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02762-07-1

        S. 7226                             2

     1  microstamp-ready  or  (2)  replacing  the  firing pin of a semiautomatic
     2  pistol that is microstamp-ready when such pin is damaged or in  need  of
     3  replacement for the safe use of such pistol, or replacing such pin for a
     4  legitimate sporting purpose.
     5    §  3.  The  penal law is amended by adding two new sections 265.38 and
     6  265.39 to read as follows:
     7  § 265.38 Microstamping of semiautomatic pistols; penalties.
     8    It shall be unlawful:
     9    1. for any dealer in firearms licensed under section  400.00  of  this
    10  chapter,  to sell, offer for sale, exchange, give, transfer or deliver a
    11  semiautomatic pistol manufactured on or after January first,  two  thou-
    12  sand  twenty-five  to any person other than a dealer in firearms, unless
    13  such pistol is microstamp-ready; or
    14    2. for any manufacturer or wholesale dealer to deliver or cause to  be
    15  delivered  to  any person in this state, a semiautomatic pistol manufac-
    16  tured after January first, two thousand twenty-five, unless the manufac-
    17  turer certifies to such person at the time of such delivery, in  accord-
    18  ance  with  rules  and  regulations promulgated by the division of state
    19  police, that such pistol is microstamp-ready. Such rules and regulations
    20  shall include a requirement that, as  part  of  the  certification,  the
    21  manufacturer  shall  provide  the  make,  model and serial number of the
    22  pistol.
    23    A violation of any provision of this section is a class B misdemeanor;
    24  provided, however, that a person, including a dealer in firearms, whole-
    25  sale dealer or a  manufacturer,  who  violates  any  provision  of  this
    26  section   after  having  previously  been  convicted  of  violating  any
    27  provision of this section is guilty of a class A misdemeanor.
    28  § 265.39 Microstamping of semiautomatic pistols; affirmative defense.
    29    In any prosecution under subdivision one of  section  265.38  of  this
    30  article,  it  is  an affirmative defense that the dealer in firearms, at
    31  the time of sale, offer for sale, exchange, giving, transfer or delivery
    32  of the semiautomatic pistol, was in possession of:
    33    1. a certification from the  manufacturer  of  such  pistol  delivered
    34  pursuant to subdivision two of section 265.38 of this article, that such
    35  pistol is microstamp-ready; or
    36    2.  an  exact  copy  of  such  certification obtained by the dealer in
    37  firearms from such manufacturer in accordance with applicable rules  and
    38  regulations promulgated by the division of state police.
    39    The  division  of  state police shall promulgate rules and regulations
    40  governing procedures and standards for exact  copies  of  certifications
    41  and the obtaining of such copies by a dealer in firearms from a manufac-
    42  turer for purposes of this section.
    43    §  4.  Subdivision 5 of section 265.15 of the penal law, as amended by
    44  chapter 695 of the laws of 1987, is amended to read as follows:
    45    5. The possession by any person of  a  defaced  machine-gun,  firearm,
    46  rifle  or  shotgun  is presumptive evidence that such person defaced the
    47  same; provided, however,  that  this  subdivision  shall  not  apply  to
    48  possession  of  a  semiautomatic  pistol  where  the  defacement alleged
    49  consists of defacing a microstamping  component  or  mechanism  of  such
    50  pistol.
    51    § 5. This act shall take effect January 1, 2025.