STATE OF NEW YORK
        ________________________________________________________________________

                                          7456

                               2021-2022 Regular Sessions

                    IN SENATE

                                    October 20, 2021
                                       ___________

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

        AN ACT to amend the executive law, in relation to requiring the division
          of criminal justice services to establish and maintain a  database  of
          information  relating  to  the sale or use of microstamped guns in the
          state and to promulgate regulations regarding the provision of  infor-
          mation pertaining to the sale, delivery or use of such guns within the
          state

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

     1    Section 1. Section 837 of the executive law is amended by adding a new
     2  subdivision 23 to read as follows:
     3    23. (a) The department shall establish, maintain and update on a quar-
     4  terly basis an electronic database of information relating to the  manu-
     5  facture,  sale,  offer for sale, exchange, giving, transfer, delivery or
     6  use of microstamped guns in the state. Such  database  shall  be  imple-
     7  mented  within  one  hundred  twenty days of the effective date of a New
     8  York state or federal law, rule or regulation mandating the  microstamp-
     9  ing of any type of gun.
    10    (b)  As  used in this subdivision, "microstamped gun" means a gun that
    11  has been manufactured, equipped with or modified to contain a  component
    12  or  mechanism  that  is  intended  to  produce a unique alpha-numeric or
    13  geometric code on at least one location on each expended cartridge  case
    14  fired from the gun that identifies the make, model, and serial number of
    15  the gun.
    16    (c) Such database shall contain, at a minimum and as applicable:
    17    (i) the make, model and serial number of the gun;
    18    (ii) the identity and address of the dealer in firearms licensed under
    19  section 400.00 of the penal law conveying the gun;
    20    (iii) the identity and address of the manufacturer delivering or caus-
    21  ing the delivery of the gun to a person or entity within the state;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11820-01-1

        S. 7456                             2

     1    (iv)  the name and address of the person or entity to whom the gun has
     2  been conveyed or delivered;
     3    (v) the name and address of the person in whose possession the gun was
     4  discovered by a police or peace agency; and
     5    (vi)  such  other identifying information as determined by the commis-
     6  sioner.
     7    (d) The division shall promulgate rules and regulations requiring:
     8    (i) each dealer in firearms licensed under section 400.00 of the penal
     9  law who sells, offers for sale, exchanges, gives, transfers or  delivers
    10  a gun, knowing that such gun contains a microstamping component or mech-
    11  anism,  to  report  such conveyance to the division for inclusion in the
    12  database;
    13    (ii) any manufacturer or wholesale dealer that delivers or  causes  to
    14  be  delivered a gun to a person or entity within the state, knowing that
    15  such gun contains a microstamping  component  or  mechanism,  to  report
    16  information  regarding  the gun or guns so delivered to the division for
    17  inclusion in the database;
    18    (iii) requiring each police agency or peace officer agency within  the
    19  state  to  report  information regarding the discovery of a microstamped
    20  gun during any investigation or arrest to the division for inclusion  in
    21  the database; and
    22    (iv) regulating the disclosure of such information.
    23    §  2.  This  act shall take effect on the thirtieth day after it shall
    24  have become a law. Effective immediately, the addition, amendment and/or
    25  repeal of any rule or regulation necessary  for  the  implementation  of
    26  this  act  on its effective date are authorized to be made and completed
    27  on or before such date.