S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6650
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 12, 2013
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law and the state finance law, in relation  to
         establishing  the  municipal  firearm  recovery  program and municipal
         firearm recovery fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 400.15 to
    2  read as follows:
    3  S 400.15 MUNICIPAL FIREARM RECOVERY PROGRAM.
    4    1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
    5  FOLLOWING MEANINGS:
    6    (A) "AGENCY" MEANS LOCAL MUNICIPAL POLICE DEPARTMENTS AND THE DIVISION
    7  OF STATE POLICE.
    8    (B) "MFRP" MEANS MUNICIPAL FIREARM RECOVERY PROGRAM OR ANY RELATED GUN
    9  BUYBACK  PROGRAM  IMPLEMENTED  BY  MUNICIPAL POLICE DEPARTMENTS OR LOCAL
   10  COMMUNITY ORGANIZERS.
   11    (C) "GUN  BUYBACK  PROGRAM"  MEANS  ANY  PROGRAM  IN  WHICH  FIREARMS,
   12  MACHINE-GUNS OR AMMUNITION ARE PURCHASED BY OR SURRENDERED TO THE SUPER-
   13  INTENDENT OF THE DIVISION OF STATE POLICE OR A MEMBER THEREOF DESIGNATED
   14  BY  SUCH  SUPERINTENDENT,  OR TO A COUNTY SHERIFF, OR IN THE COUNTIES OF
   15  NASSAU AND SUFFOLK TO THE COMMISSIONER OF POLICE  OR  A  MEMBER  OF  THE
   16  POLICE  DEPARTMENT  THEREOF  DESIGNATED  BY SUCH COMMISSIONER, OR TO THE
   17  POLICE COMMISSIONER OR HEAD OF THE POLICE FORCE  OR  DEPARTMENT  OF  ANY
   18  CITY, TOWN OTHER THAN ONE NAMED IN THIS PARAGRAPH, OR VILLAGE THEREOF OR
   19  TO  A  MEMBER OF THE FORCE OR DEPARTMENT DESIGNATED BY SUCH COMMISSIONER
   20  OR HEAD.
   21    (D) "FIREARM" MEANS ANY FIREARM AS DEFINED  IN  SUBDIVISION  THREE  OF
   22  SECTION 265.00 OF THIS CHAPTER AND IS IN GOOD WORKING ORDER.
   23    (E) "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF THE DIVISION OF STATE
   24  POLICE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06293-02-3
       A. 6650                             2
    1    (F) "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT OF STATE.
    2    (G)  "ACTIVE  LAW  ENFORCEMENT  OFFICER"  MEANS  ANY  MEMBER CURRENTLY
    3  EMPLOYED IN LAW ENFORCEMENT OR WHO IS AUTHORIZED TO CARRY A  FIREARM  IN
    4  THE COURSE OF HIS OR HER EMPLOYMENT.
    5    2.  THE  MUNICIPAL  FIREARM RECOVERY PROGRAM ("MFRP") IS HEREBY ESTAB-
    6  LISHED AND SHALL BE IMPLEMENTED BY THE AGENCIES AS FUNDS  ARE  ALLOCATED
    7  THROUGH  THE  MUNICIPAL  FIREARM RECOVERY FUND ESTABLISHED UNDER SECTION
    8  NINETY-SEVEN-CC OF THE STATE FINANCE LAW. THE AGENCY SHALL:
    9    (A) IN COORDINATION WITH THE COMMUNITY GROUPS WITHIN ITS JURISDICTION,
   10  SELECT A LOCATION SITE FOR PURPOSES OF IMPLEMENTING A MFRP; AND
   11    (B) DESIGNATE DATES AND TIMES  WHEN  A  PARTICIPATING  INDIVIDUAL  MAY
   12  SURRENDER  A  FIREARM  AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
   13  THIS SECTION AND SUBDIVISION THREE OF SECTION 265.00 OF THIS CHAPTER  IN
   14  EXCHANGE  FOR  FUNDS  OF  A PREDETERMINED VALUE ON A GIFT CERTIFICATE OR
   15  COUPON OF EQUAL VALUE AS DETERMINED BY  THE  AGENCY.  THE  PARTICIPATING
   16  AGENCY  SHALL  DETERMINE  THE  AMOUNTS  TO BE EXCHANGED FOR EACH FIREARM
   17  SURRENDERED. THE GUN BUYBACK PROGRAM SHALL EXIST FOR  NOT  MORE  THAN  A
   18  SIXTY-DAY  PERIOD  IN  ANY  CALENDAR YEAR OR SHALL EXIST UNTIL THE FUNDS
   19  ACQUIRED OR RECEIVED FOR THE PURCHASE OF THE FIREARM ARE EXHAUSTED.
   20    3. THE DIVISION OF STATE POLICE, IN CONJUNCTION WITH THE DEPARTMENT OF
   21  STATE SHALL ADMINISTER THIS PROGRAM AND PROMULGATE RULES AND REGULATIONS
   22  FOR THE IMPLEMENTATION OF THIS PROGRAM. SUCH RULES  SHALL  INCLUDE,  BUT
   23  NOT BE LIMITED TO:
   24    (A) THE MANNER IN WHICH THE FUNDS WILL BE ALLOCATED AND DISTRIBUTED;
   25    (B)  PROVIDE GUIDELINES FOR THE SAFE STORAGE AND DISPOSAL OF RECOVERED
   26  WEAPONS IN THE POSSESSION OF THE PARTICIPATING AGENCY. FOR  PURPOSES  OF
   27  THIS  SECTION,  "DISPOSAL"  SHALL  ONLY  INCLUDE  THE DESTRUCTION OF THE
   28  FIREARMS, EXCEPT THAT, A STOLEN WEAPON SHALL BE RETURNED TO ITS RIGHTFUL
   29  OWNER ON PROOF OF OWNERSHIP, UNLESS THE LAWFUL OWNER OF THE  FIREARM  IS
   30  INELIGIBLE  TO POSSESS A FIREARM UNDER APPLICABLE STATE LAWS, THE ENTITY
   31  OPERATING THE GUN BUYBACK PROGRAM SHALL DESTROY THE FIREARM  IN  COMPLI-
   32  ANCE  WITH  THIS SECTION.  HOWEVER, IF IT IS DETERMINED THAT THE FIREARM
   33  WAS USED IN A CRIME AFTER A REVIEW UNDER PARAGRAPH (D) OF THIS  SUBDIVI-
   34  SION, IT SHALL BE RETAINED FOR EVIDENCE;
   35    (C)  PROHIBIT ACTIVE LAW ENFORCEMENT OFFICERS, AS DEFINED IN PARAGRAPH
   36  (G) OF SUBDIVISION ONE OF  THIS  SECTION,  FROM  PARTICIPATING  IN  SUCH
   37  PROGRAM;
   38    (D)  REQUIRE  THAT THE SERIAL NUMBER OF EVERY FIREARM OBTAINED BY SUCH
   39  GUN BUYBACK PROGRAM IS CHECKED AGAINST THE  NEW  YORK  STATEWIDE  POLICE
   40  INFORMATION NETWORK (NYSPIN) RECORDS; AND
   41    (E)  PROMULGATE  RULES  AND  REGULATIONS NECESSARY TO SUCCESSFULLY RUN
   42  SUCH A PROGRAM.
   43    4. ANY INDIVIDUAL WHO ELECTS TO SURRENDER A FIREARM ANONYMOUSLY  TO  A
   44  MFRP  MAY DO SO AND PERSONAL IDENTIFICATION SHALL ONLY BE REQUIRED TO BE
   45  PRESENTED FOR PROOF OF RESIDENCY.
   46    5. ANY PERSON PARTICIPATING IN A MFRP SHALL BE  IMMUNE  FROM  CRIMINAL
   47  PROSECUTION  FOR  THE  CRIMINAL OFFENSES ESTABLISHED BY SECTIONS 265.01,
   48  265.02, 265.03, AND 265.05 OF THIS CHAPTER, PROVIDED THE PERSON  IS,  IN
   49  GOOD  FAITH,  ON  AN  IMMEDIATE,  DIRECT ROUTE TO THE PREDETERMINED MFRP
   50  SITE.
   51    S 2. The state finance law is amended by adding a new section 97-cc to
   52  read as follows:
   53    S 97-CC. MUNICIPAL FIREARM RECOVERY FUND. 1. THERE  IS  HEREBY  ESTAB-
   54  LISHED,  IN  THE JOINT CUSTODY OF THE SUPERINTENDENT OF STATE POLICE AND
   55  THE SECRETARY OF STATE A FUND TO  BE  KNOWN  AS  THE  MUNICIPAL  FIREARM
   56  RECOVERY FUND.
       A. 6650                             3
    1    2.  THE  SUPERINTENDENT  AND  THE SECRETARY SHALL PROMULGATE RULES AND
    2  REGULATIONS FOR THE IMPLEMENTATION AND DISTRIBUTION  OF  THIS  FUND  AND
    3  SHALL  SEEK MONIES FROM THE GENERAL FUND TO ASSIST MUNICIPALITIES IN THE
    4  FIREARM RECOVERY PROGRAM ESTABLISHED UNDER SECTION 400.15 OF  THE  PENAL
    5  LAW.
    6    3.  ADDITIONAL  FUNDING  MAY  BE  ACQUIRED  BY  MUNICIPALITIES THROUGH
    7  DONATIONS FROM PRIVATE BUSINESSES, CHARITIES AND INDIVIDUALS AND MAY  BE
    8  ACQUIRED FROM THE MUNICIPALITY'S ASSETS, SEIZURES AND FORFEITURE FUND IF
    9  THE MUNICIPALITY POSSESSES SUCH FUND.
   10    S 3. This act shall take effect on the one hundred eightieth day after
   11  it  shall have become a law. Effective immediately, the addition, amend-
   12  ment and/or repeal of any rule or regulation necessary for the implemen-
   13  tation of this act on its effective date is authorized to  be  made  and
   14  completed on or before such effective date.