S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         68--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens.  PERALTA,  AVELLA, ESPAILLAT, HOYLMAN, SQUADRON --
         read twice and ordered printed, and when printed to  be  committed  to
         the  Committee  on  Codes  -- recommitted to the Committee on Codes in
         accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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. Short title. This act shall be known and may  be  cited  as
    2  the "crime gun identification act of 2014".
    3    S  2.  Legislative  findings and intent. The legislature finds that in
    4  2005, the national clearance rate for homicide cases  was  approximately
    5  60%  and  over  3,000 gun homicide cases went unsolved; that in approxi-
    6  mately half of gun homicide investigations a spent cartridge casing, but
    7  not a firearm, is recovered at the crime scene; that currently  deployed
    8  national  ballistic  identification  systems  cannot identify the serial
    9  number of a gun unless the gun itself has been recovered;  that  firearm
   10  microstamping  is  a  revolutionary forensic technology that produces an
   11  identifiable alpha-numeric and geometric  code  onto  the  rear  of  the
   12  cartridge  casing  each  time  a semiautomatic pistol is fired; that the
   13  alpha-numeric and geometric code on an expended  cartridge  casing  will
   14  provide  an initial lead for law enforcement by enabling law enforcement
   15  to match the cartridge casing found at a crime to the original owner  of
   16  the  firearm;  that  information  from completed crime gun tracing is an
   17  important element utilized by COMPSTAT and other crime analysis  systems
   18  to  target  illegal  firearms trafficking; that microstamping technology
   19  continues to  produce  identifiable  markings  onto  expended  cartridge
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01084-03-4
       S. 68--A                            2
    1  casings  even after thousands of rounds of testing; that this additional
    2  tool will help law  enforcement  investigate  illegal  gun  trafficking,
    3  close  firearm-related  criminal  cases and protect the public; and that
    4  legislative action is necessary to require all new semiautomatic pistols
    5  sold after January 1, 2016 to be microstamp-ready.
    6    S  3.  Section  265.00  of  the penal law is amended by adding two new
    7  subdivisions 26 and 27 to read as follows:
    8    26. "MICROSTAMP-READY", WHEN USED WITH REFERENCE  TO  A  SEMIAUTOMATIC
    9  PISTOL,  MEANS  THAT  SUCH  PISTOL  IS  MANUFACTURED TO PRODUCE A UNIQUE
   10  ALPHA-NUMERIC OR GEOMETRIC CODE  ON  AT  LEAST  TWO  LOCATIONS  ON  EACH
   11  EXPENDED  CARTRIDGE  CASE  THAT  IDENTIFIES  THE MAKE, MODEL, AND SERIAL
   12  NUMBER OF THE PISTOL.
   13    27. "MICROSTAMPING COMPONENT OR MECHANISM", WHEN USED  WITH  REFERENCE
   14  TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
   15  DESIGNED  AND  INTENDED  TO  PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC
   16  CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
   17  AL NUMBER OF THE PISTOL.
   18    S 4. Subdivision 6 of section 265.10 of the penal law, as  amended  by
   19  chapter 189 of the laws of 2000, is amended to read as follows:
   20    6. (A) Any person who wilfully defaces any machine-gun, large capacity
   21  ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
   22  COMPONENT OR MECHANISM OF A SEMIAUTOMATIC PISTOL, is guilty of a class D
   23  felony.
   24    (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
   25  TER  WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR DELIVERS
   26  A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR  MECH-
   27  ANISM  OF SUCH PISTOL HAS BEEN DEFACED, IS GUILTY OF A CLASS A MISDEMEA-
   28  NOR. FOR PURPOSES OF THIS SUBDIVISION, DEFACING A  SEMIAUTOMATIC  PISTOL
   29  DOES  NOT  INCLUDE  (1)  MODIFYING  A  SEMIAUTOMATIC PISTOL TO RENDER IT
   30  MICROSTAMP-READY OR (2) REPLACING THE  FIRING  PIN  OF  A  SEMIAUTOMATIC
   31  PISTOL  THAT  IS MICROSTAMP-READY WHEN SUCH PIN IS DAMAGED OR IN NEED OF
   32  REPLACEMENT FOR THE SAFE USE OF SUCH PISTOL, OR REPLACING SUCH PIN FOR A
   33  LEGITIMATE SPORTING PURPOSE.
   34    S 5. The penal law is amended by adding two new  sections  265.38  and
   35  265.39 to read as follows:
   36  S 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
   37    IT SHALL BE UNLAWFUL:
   38    1.  FOR  ANY  DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS
   39  CHAPTER, TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER  A
   40  SEMIAUTOMATIC  PISTOL  MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOU-
   41  SAND SIXTEEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS  SUCH
   42  PISTOL IS MICROSTAMP-READY; OR
   43    2.  FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO BE
   44  DELIVERED TO ANY PERSON IN THIS STATE, A SEMIAUTOMATIC  PISTOL  MANUFAC-
   45  TURED AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, UNLESS THE MANUFACTURER
   46  CERTIFIES  TO  SUCH  PERSON  AT THE TIME OF SUCH DELIVERY, IN ACCORDANCE
   47  WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE  POLICE,
   48  THAT  SUCH  PISTOL IS MICROSTAMP-READY. SUCH RULES AND REGULATIONS SHALL
   49  INCLUDE A REQUIREMENT THAT, AS PART OF THE CERTIFICATION,  THE  MANUFAC-
   50  TURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL.
   51    A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
   52  PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
   53  SALE  DEALER  OR  A  MANUFACTURER,  WHO  VIOLATES  ANY PROVISION OF THIS
   54  SECTION  AFTER  HAVING  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING   ANY
   55  PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
   56  S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
       S. 68--A                            3
    1    IN  ANY  PROSECUTION  UNDER  SUBDIVISION ONE OF SECTION 265.38 OF THIS
    2  ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER  IN  FIREARMS,  AT
    3  THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
    4  OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
    5    1.  A  CERTIFICATION  FROM  THE  MANUFACTURER OF SUCH PISTOL DELIVERED
    6  PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
    7  PISTOL IS MICROSTAMP-READY; OR
    8    2. AN EXACT COPY OF SUCH  CERTIFICATION  OBTAINED  BY  THE  DEALER  IN
    9  FIREARMS  FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND
   10  REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
   11    THE DIVISION OF STATE POLICE SHALL PROMULGATE  RULES  AND  REGULATIONS
   12  GOVERNING  PROCEDURES  AND  STANDARDS FOR EXACT COPIES OF CERTIFICATIONS
   13  AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
   14  TURER FOR PURPOSES OF THIS SECTION.
   15    S 6. Subdivision 5 of section 265.15 of the penal law, as  amended  by
   16  chapter 695 of the laws of 1987, is amended to read as follows:
   17    5.  The  possession  by  any person of a defaced machine-gun, firearm,
   18  rifle or shotgun is presumptive evidence that such  person  defaced  the
   19  same;  PROVIDED,  HOWEVER,  THAT  THIS  SUBDIVISION  SHALL  NOT APPLY TO
   20  POSSESSION OF  A  SEMIAUTOMATIC  PISTOL  WHERE  THE  DEFACEMENT  ALLEGED
   21  CONSISTS  OF  DEFACING  A  MICROSTAMPING  COMPONENT OR MECHANISM OF SUCH
   22  PISTOL.
   23    S 7. This act shall take effect January 1, 2016, or at such time  that
   24  the  superintendent of the state police has received written notice from
   25  one or more microstamp job shops that such shop or shops are willing and
   26  prepared to produce microstamp structures on two internal surfaces of  a
   27  semiautomatic  pistol  as defined in subdivision 26 of section 265.00 of
   28  the penal law for a price of twelve dollars  or  less  at  a  production
   29  level  of one thousand semiautomatic pistols per batch, whichever occurs
   30  later; provided that the division  of  state  police  shall  notify  the
   31  legislative  bill drafting commission upon the occurrence of the receipt
   32  of the written notice provided for in this section  in  order  that  the
   33  commission  may  maintain  an accurate and timely effective data base of
   34  the official text of the laws of the state of New York in furtherance of
   35  effectuating the provisions of this  act,  and  provided  further,  that
   36  effective  immediately  the  superintendent  of  the  state police shall
   37  promulgate rules and regulations necessary  for  the  implementation  of
   38  this act.