S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3900
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2013
                                      ___________
       Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to gun buyback programs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section  400.05  of the penal law, as
    2  amended by chapter 350 of the laws of 1986, is amended and a new  subdi-
    3  vision 7 is added to read as follows:
    4    1. Any weapon, instrument, appliance or substance specified in article
    5  two hundred sixty-five OF THIS CHAPTER, when unlawfully possessed, manu-
    6  factured, transported or disposed of, or when utilized in the commission
    7  of  an  offense, is hereby declared a nuisance. When the same shall come
    8  into the possession of any police officer or peace officer, it shall  be
    9  surrendered immediately to the official mentioned in [paragraph] SUBPAR-
   10  AGRAPH  (f)  of  [subdivision] PARAGRAPH one OF SUBDIVISION A of section
   11  265.20 OF THIS CHAPTER, except that such weapon,  instrument,  appliance
   12  or  substance  coming  into  the possession of the state police shall be
   13  surrendered to the superintendent of state police.
   14    7. (A) ANY PRIVATE OR GOVERNMENTAL  ENTITY  OPERATING  A  GUN  BUYBACK
   15  PROGRAM SHALL:
   16    (I)  REQUIRE  THAT THE SERIAL NUMBER OF EVERY FIREARM OBTAINED BY SUCH
   17  GUN BUYBACK PROGRAM IS CHECKED AGAINST THE  NEW  YORK  STATEWIDE  POLICE
   18  INFORMATION  NETWORK  (NYSPIN)  RECORDS OF STOLEN FIREARMS AND, IF IT IS
   19  FOUND THAT ANY SUCH FIREARM IS A STOLEN FIREARM, THAT THE FIREARM IS NOT
   20  DESTROYED WITHOUT THE EXPRESS PERMISSION OF THE LAWFUL OWNER THEREOF AND
   21  THAT IF THE LAWFUL OWNER OF THE FIREARM DOES NOT GIVE EXPRESS PERMISSION
   22  FOR THE FIREARM TO BE DESTROYED, THAT THE FIREARM  IS  RETURNED  TO  ITS
   23  LAWFUL OWNER;
   24    (II)  PRIOR TO RETURNING A STOLEN FIREARM TO A LAWFUL OWNER, DETERMINE
   25  WHETHER OR NOT THE LAWFUL OWNER IS ELIGIBLE TO POSSESS A  FIREARM  UNDER
   26  THIS  CHAPTER.  IF  THE  LAWFUL  OWNER  OF  THE FIREARM IS INELIGIBLE TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05650-01-3
       A. 3900                             2
    1  POSSESS A FIREARM UNDER THIS  CHAPTER,  THE  ENTITY  OPERATING  THE  GUN
    2  BUYBACK  PROGRAM  MAY DESTROY THE FIREARM IN COMPLIANCE WITH SUBDIVISION
    3  TWO OF THIS SECTION.
    4    (B)  FOR  THE PURPOSES OF THIS SECTION, THE TERM "GUN BUYBACK PROGRAM"
    5  SHALL MEAN ANY PROGRAM IN WHICH FIREARMS, MACHINE-GUNS OR AMMUNITION ARE
    6  PURCHASED BY OR SURRENDERED TO THE SUPERINTENDENT  OF  THE  DIVISION  OF
    7  STATE  POLICE  OR A MEMBER THEREOF DESIGNATED BY SUCH SUPERINTENDENT, OR
    8  TO A COUNTY SHERIFF, OR IN THE COUNTY OF NASSAU OR IN THE TOWNS OF BABY-
    9  LON, BROOKHAVEN, HUNTINGTON,  ISLIP  AND  SMITHTOWN  IN  THE  COUNTY  OF
   10  SUFFOLK  TO THE COMMISSIONER OF POLICE OR A MEMBER OF THE POLICE DEPART-
   11  MENT THEREOF DESIGNATED BY SUCH COMMISSIONER, OR TO THE  POLICE  COMMIS-
   12  SIONER OR HEAD OF THE POLICE FORCE OR DEPARTMENT OF ANY CITY, TOWN OTHER
   13  THAN  ONE  NAMED IN THIS PARAGRAPH, OR VILLAGE THEREOF OR TO A MEMBER OF
   14  THE FORCE OR DEPARTMENT DESIGNATED BY SUCH COMMISSIONER OR HEAD.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law. Effective immediately,
   17  the addition, amendment and/or repeal of any rule or  regulation  neces-
   18  sary for the implementation of this act on its effective date is author-
   19  ized to be made on or before such date.