S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8108
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 19, 2013
                                      ___________
       Introduced by M. of A. CAMARA -- read once and referred to the Committee
         on Codes
       AN  ACT to amend the general business law and the penal law, in relation
         to establishing a statewide database to maintain and track coded ammu-
         nition and establishing penalties for  individuals  who  violate  such
         provisions;  to amend the state finance law, in relation to establish-
         ing the ammunition coding system database fund; and to amend  the  tax
         law,  in  relation  to  establishing a tax credit for manufacturers or
         dealers who exchange old uncoded ammunition for new coded ammunition
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  findings.  The legislature hereby finds that
    2  each year in the United States more than thirty percent of all homicides
    3  involving a gun go unsolved. Handgun ammunition  accounts  for  approxi-
    4  mately  eighty  percent of all ammunition sold within the United States.
    5  Current technology for matching a bullet used in a crime to the gun that
    6  fired it has worked moderately well for years, but presupposes that  the
    7  weapon  was recovered by law enforcement. Ammunition coding is a new and
    8  effective way for law enforcement to quickly identify persons of  inter-
    9  est in gun crime investigations.
   10    S  2. The general business law is amended by adding a new section 396-
   11  gg to read as follows:
   12    S 396-GG. AMMUNITION CODING SYSTEM DATABASE. 1.  THE  NEW  YORK  STATE
   13  POLICE  ARE  RESPONSIBLE  FOR ESTABLISHING AND MAINTAINING AN AMMUNITION
   14  CODING SYSTEM DATABASE CONTAINING INFORMATION FROM THE FOLLOWING:
   15    A. THE MANUFACTURER REGISTRY. (I) EVERY  MANUFACTURER  SHALL  REGISTER
   16  WITH  THE  NEW  YORK STATE POLICE IN A MANNER PRESCRIBED BY THE NEW YORK
   17  STATE POLICE, AND SHALL MAINTAIN RECORDS ON THE BUSINESS PREMISES FOR  A
   18  PERIOD  OF  SEVEN  YEARS  CONCERNING  ALL SALES, LOANS, AND TRANSFERS OF
   19  AMMUNITION TO, FROM, OR WITHIN THE STATE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05578-02-3
       A. 8108                             2
    1    (II) EVERY MANUFACTURER SHALL CODE ANY  AMMUNITION  FOR  HANDGUNS  AND
    2  ASSAULT  WEAPONS  SOLD OR MANUFACTURED AFTER JANUARY FIRST, TWO THOUSAND
    3  FOURTEEN.
    4    B. THE VENDOR REGISTRY. EVERY VENDOR OF AMMUNITION SHALL REGISTER WITH
    5  THE  NEW  YORK STATE POLICE IN A MANNER PRESCRIBED BY THE NEW YORK STATE
    6  POLICE,  AND  SHALL  RECORD  THE  FOLLOWING  INFORMATION  IN  A   FORMAT
    7  PRESCRIBED BY THE NEW YORK STATE POLICE:
    8    (I) THE DATE OF THE TRANSACTION;
    9    (II) THE NAME OF THE TRANSFEREE;
   10    (III)  THE  PURCHASER'S  DRIVER'S  LICENSE  NUMBER OR OTHER GOVERNMENT
   11  ISSUED IDENTIFICATION CARD NUMBER;
   12    (IV) THE DATE OF BIRTH OF THE PURCHASER;
   13    (V) THE UNIQUE IDENTIFIER OF ALL HANDGUN AMMUNITION OR BULLETS  TRANS-
   14  FERRED;
   15    (VI) THE CALIBER OF THE BULLET; AND
   16    (VII) ANY OTHER INFORMATION DETERMINED NECESSARY BY THE NEW YORK STATE
   17  POLICE.
   18    EVERY  VENDOR  SHALL  MAINTAIN  THESE  RECORDS ON THEIR PREMISES FOR A
   19  PERIOD OF AT LEAST THREE YEARS FROM THE DATE OF THE RECORDED PURCHASE.
   20    2. TO THE GREATEST EXTENT POSSIBLE OR PRACTICAL, THE AMMUNITION CODING
   21  SYSTEM DATABASE SHALL BE BUILT WITHIN THE FRAMEWORK OF EXISTING FIREARMS
   22  DATABASES. THE AMMUNITION CODING SYSTEM DATABASE SHALL BE OPERATIONAL NO
   23  LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN.
   24    3. PRIVACY OF INDIVIDUALS IS  OF  THE  UTMOST  IMPORTANCE.  ACCESS  TO
   25  INFORMATION IN THE AMMUNITION CODING SYSTEM DATABASE IS RESERVED FOR KEY
   26  LAW  ENFORCEMENT  PERSONNEL AND TO BE RELEASED ONLY IN CONNECTION WITH A
   27  CRIMINAL INVESTIGATION.
   28    4. THE COST OF MAINTAINING THE DATABASE SHALL BE FUNDED BY THE AMMUNI-
   29  TION CODING SYSTEM DATABASE FUND ESTABLISHED PURSUANT TO  SECTION  NINE-
   30  TY-ONE-G  OF  THE  STATE FINANCE LAW. VENDORS SHALL CHARGE AN ADDITIONAL
   31  $.005 PER BULLET OR ROUND OF AMMUNITION TO THE PURCHASER.   SUCH  MONEYS
   32  SHALL BE DEPOSITED INTO THE FUND.
   33    5.  ANY  PERSON  IN POSSESSION OF NON-CODED AMMUNITION MUST DISPOSE OF
   34  SUCH AMMUNITION NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN.
   35    6.  ANY PERSON WITH A VALID HUNTING LICENSE SHALL BE EXEMPT FROM  THIS
   36  SECTION,  FOR  A  PERIOD  OF THREE YEARS COMMENCING THREE YEARS FROM THE
   37  EFFECTIVE DATE OF THIS SECTION.
   38    7. A. ANY  MANUFACTURER  THAT  WILLFULLY  FAILS  TO  COMPLY  WITH  THE
   39  PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO ONE THOU-
   40  SAND  DOLLARS FOR A FIRST OFFENSE; A FINE OF UP TO FIVE THOUSAND DOLLARS
   41  FOR A SECOND OFFENSE; AND A FINE OF UP TO TEN  THOUSAND  DOLLARS  FOR  A
   42  THIRD AND EACH SUBSEQUENT OFFENSE.
   43    B.  ANY  VENDOR  THAT WILLFULLY FAILS TO COMPLY WITH THE PROVISIONS OF
   44  THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO  ONE  THOUSAND  DOLLARS
   45  FOR  A  FIRST OFFENSE; A FINE OF UP TO TWO THOUSAND DOLLARS FOR A SECOND
   46  OFFENSE; AND A FINE OF UP TO FIVE THOUSAND DOLLARS FOR A THIRD AND  EACH
   47  SUBSEQUENT  OFFENSE.  IN  ADDITION  TO ANY FINE IMPOSED PURSUANT TO THIS
   48  SECTION, A VENDOR MAY BE SUBJECT TO A TERM OF IMPRISONMENT OF LESS  THAN
   49  ONE YEAR FOR EACH VIOLATION.
   50    8.  FOR  PURPOSES  OF  THIS SECTION, "CODED AMMUNITION" MEANS A BULLET
   51  CARRYING A UNIQUE IDENTIFIER THAT HAS BEEN APPLIED BY ETCHING  ONTO  THE
   52  BASE OF THE BULLET PROJECTILE.
   53    S  3.  The penal law is amended by adding a new section 265.46 to read
   54  as follows:
   55  S 265.46 UNLAWFUL SALE OR POSSESSION OF UNCODED AMMUNITION.
       A. 8108                             3
    1    A PERSON IS GUILTY OF UNLAWFUL SALE OR POSSESSION OF  UNCODED  AMMUNI-
    2  TION WHEN HE OR SHE:
    3    1.  SELLS  ANY  AMMUNITION THAT HAS NOT BEEN CODED PURSUANT TO SECTION
    4  THREE HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW; OR
    5    2. POSSESSES ANY AMMUNITION THAT IS UNCODED, OR THE CODE OF WHICH  HAS
    6  BEEN  RENDERED  UNREADABLE,  EXCEPT  IF  SUCH POSSESSION IS WITHIN THREE
    7  YEARS FROM THE EFFECTIVE DATE OF THIS SECTION AND THE PERSON HAS A VALID
    8  HUNTING LICENSE; OR
    9    3. POSSESSES ONE HUNDRED ROUNDS OR MORE OF AMMUNITION THAT IS UNCODED,
   10  OR THE CODE OF WHICH HAS BEEN RENDERED UNREADABLE, DOES NOT HAVE A VALID
   11  HUNTING LICENSE, AND SUCH POSSESSION TAKES PLACE AT LEAST ONE YEAR AFTER
   12  THE EFFECTIVE DATE OF THIS SECTION.
   13    UNLAWFUL SALE OR POSSESSION OF UNCODED AMMUNITION IS A CLASS A  MISDE-
   14  MEANOR.
   15    S  4. The state finance law is amended by adding a new section 91-g to
   16  read as follows:
   17    S 91-G. AMMUNITION CODING SYSTEM DATABASE FUND.  1.  THERE  IS  HEREBY
   18  CREATED  IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
   19  TAXATION AND FINANCE, A FUND TO BE KNOWN AS THE AMMUNITION CODING SYSTEM
   20  DATABASE FUND.
   21    2. THE FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO  SECTION
   22  THREE  HUNDRED  NINETY-SIX-GG  OF THE GENERAL BUSINESS LAW, OR ANY OTHER
   23  MONEY APPROPRIATED TO THE FUND BY LAW.
   24    3. THE MONEYS OF THE FUND SHALL BE USED TO ESTABLISH AND MAINTAIN  THE
   25  AMMUNITION  CODING  SYSTEM  DATABASE  CREATED  PURSUANT TO SECTION THREE
   26  HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW.
   27    4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
   28  THE  STATE  COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE SUPER-
   29  INTENDENT OF THE NEW YORK STATE POLICE.
   30    S 5.  Section 210 of the tax law is amended by adding a  new  subdivi-
   31  sion 46 to read as follows:
   32    46.  CREDIT FOR EXCHANGE OF UNCODED AMMUNITION. (A) ALLOWANCE OF CRED-
   33  IT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS  HEREINAFTER
   34  PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, WHERE THE TAXPAYER IS
   35  AN  AMMUNITION MANUFACTURER OR DEALER AND ACCEPTS OLD UNCODED AMMUNITION
   36  IN EXCHANGE FOR NEW CODED AMMUNITION.
   37    (B) AMOUNT OF CREDIT. THE CREDIT ALLOWED IN THIS SUBDIVISION SHALL  BE
   38  EQUAL  TO THE COST TO THE TAXPAYER FOR PROVIDING NEW CODED AMMUNITION IN
   39  EXCHANGE FOR OLD UNCODED AMMUNITION, IN AN AMOUNT UP  TO  THREE  HUNDRED
   40  THOUSAND DOLLARS.
   41    S  6.  This  act shall take effect on the ninetieth day after it shall
   42  have become a law.