STATE OF NEW YORK
________________________________________________________________________
11322
IN ASSEMBLY
September 19, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simon) --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to reporting duties of law
enforcement with respect to certain seized and recovered firearms and
spent shell casings
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The section heading of section 400.10 of the penal law, as
2 amended by chapter 1 of the laws of 2013, is amended to read as follows:
3 Report of theft or loss of a firearm, rifle or shotgun; additional
4 reporting duties of law enforcement.
5 § 2. Subdivision 3 of section 400.10 of the penal law is renumbered
6 subdivision 4 and a new subdivision 3 is added to read as follows:
7 3. (a) Whenever a law enforcement agency seizes or recovers a firearm,
8 rifle or shotgun, the agency shall, within twenty-four hours of
9 seizure, enter the make, model, caliber and serial number of such
10 firearm into the National Crime Information Center to determine whether
11 such firearm, rifle or shotgun was reported stolen.
12 (b) Whenever a law enforcement agency seizes or recovers a firearm,
13 rifle or shotgun that was unlawfully possessed, used for an unlawful
14 purpose, recovered from the scene of a crime, is reasonably believed to
15 have been used or associated with the commission of a crime, or is
16 acquired by the agency as an abandoned or discarded firearm, rifle or
17 shotgun, the agency shall, arrange for every such firearm, rifle or
18 shotgun that is determined to be suitable for National Integrated
19 Ballistics Identification Network data entry and examination to be test-
20 fired as soon as may be practicable and the results of the test-firing
21 be submitted to the National Integrated Ballistics Identification
22 Network to determine whether the firearm, rifle or shotgun is associated
23 or related to a crime, criminal event, or any individual associated or
24 related to a crime or criminal event or reasonably believed to be asso-
25 ciated or related to a crime or criminal event.
26 (c) Whenever a law enforcement agency recovers any spent shell casing
27 at a crime scene or has reason to believe that the recovered spent shell
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16496-01-8
A. 11322 2
1 casing is related to or associated with the commission of a crime or
2 the unlawful discharge of a firearm, rifle or shotgun, the agency shall,
3 as soon as may be practicable, submit the ballistic information to the
4 National Integrated Ballistics Identification Network.
5 (d) For purposes of this subdivision, "shell casing" means that part
6 of ammunition capable of being used in a firearm, rifle or shotgun that
7 contains the primer and propellant powder to discharge the bullet or
8 projectile.
9 § 3. This act shall take effect on the ninetieth day after it shall
10 have become a law.