S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2412
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 17, 2013
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       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; and to amend the state finance law, in relation to  estab-
         lishing the ammunition coding system database fund
         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 DIVISION OF CRIMI-
   13  NAL  JUSTICE SERVICES IS RESPONSIBLE FOR ESTABLISHING AND MAINTAINING AN
   14  AMMUNITION  CODING  SYSTEM  DATABASE  CONTAINING  INFORMATION  FROM  THE
   15  FOLLOWING:
   16    A.  THE  MANUFACTURER  REGISTRY. (I) EVERY MANUFACTURER SHALL REGISTER
   17  WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES IN A MANNER PRESCRIBED BY
   18  THE DIVISION, AND SHALL MAINTAIN RECORDS ON THE BUSINESS PREMISES FOR  A
   19  PERIOD  OF  SEVEN  YEARS  CONCERNING  ALL SALES, LOANS, AND TRANSFERS OF
   20  AMMUNITION TO, FROM, OR WITHIN THE STATE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06050-02-3
       S. 2412                             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  DIVISION OF CRIMINAL JUSTICE SERVICES IN A MANNER PRESCRIBED BY THE
    6  DIVISION, AND  SHALL  RECORD  THE  FOLLOWING  INFORMATION  IN  A  FORMAT
    7  PRESCRIBED BY THE DIVISION:
    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; AND
   15    (VI) ANY OTHER INFORMATION DETERMINED NECESSARY BY THE DIVISION.
   16    EVERY  VENDOR  SHALL  MAINTAIN  THESE  RECORDS ON THEIR PREMISES FOR A
   17  PERIOD OF AT LEAST THREE YEARS FROM THE DATE OF THE RECORDED PURCHASE.
   18    2. TO THE GREATEST EXTENT POSSIBLE OR PRACTICAL, THE AMMUNITION CODING
   19  SYSTEM DATABASE SHALL BE BUILT WITHIN THE FRAMEWORK OF EXISTING FIREARMS
   20  DATABASES. THE AMMUNITION CODING SYSTEM DATABASE SHALL BE OPERATIONAL NO
   21  LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN.
   22    3. PRIVACY OF INDIVIDUALS IS  OF  THE  UTMOST  IMPORTANCE.  ACCESS  TO
   23  INFORMATION IN THE AMMUNITION CODING SYSTEM DATABASE IS RESERVED FOR KEY
   24  LAW  ENFORCEMENT  PERSONNEL AND TO BE RELEASED ONLY IN CONNECTION WITH A
   25  CRIMINAL INVESTIGATION.
   26    4. THE COST OF MAINTAINING THE DATABASE SHALL BE FUNDED BY THE AMMUNI-
   27  TION CODING SYSTEM DATABASE FUND ESTABLISHED PURSUANT TO  SECTION  NINE-
   28  TY-ONE-H  OF  THE  STATE FINANCE LAW. VENDORS SHALL CHARGE AN ADDITIONAL
   29  $.005 PER BULLET OR ROUND OF AMMUNITION TO THE PURCHASER.   SUCH  MONEYS
   30  SHALL BE DEPOSITED INTO THE FUND.
   31    5.  ANY  PERSON  IN POSSESSION OF NON-CODED AMMUNITION MUST DISPOSE OF
   32  SUCH AMMUNITION NO LATER THAN JANUARY FIRST, TWO THOUSAND SIXTEEN.
   33    6. A. ANY  MANUFACTURER  THAT  WILLFULLY  FAILS  TO  COMPLY  WITH  THE
   34  PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO ONE THOU-
   35  SAND  DOLLARS FOR A FIRST OFFENSE; A FINE OF UP TO FIVE THOUSAND DOLLARS
   36  FOR A SECOND OFFENSE; AND A FINE OF UP TO TEN  THOUSAND  DOLLARS  FOR  A
   37  THIRD AND EACH SUBSEQUENT OFFENSE.
   38    B.  ANY  VENDOR  THAT WILLFULLY FAILS TO COMPLY WITH THE PROVISIONS OF
   39  THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO  ONE  THOUSAND  DOLLARS
   40  FOR  A  FIRST OFFENSE; A FINE OF UP TO TWO THOUSAND DOLLARS FOR A SECOND
   41  OFFENSE; AND A FINE OF UP TO FIVE THOUSAND DOLLARS FOR A THIRD AND  EACH
   42  SUBSEQUENT  OFFENSE.  IN  ADDITION  TO ANY FINE IMPOSED PURSUANT TO THIS
   43  SECTION, A VENDOR MAY BE SUBJECT TO A TERM OF IMPRISONMENT OF LESS  THAN
   44  ONE YEAR FOR EACH VIOLATION.
   45    7.  FOR  PURPOSES  OF  THIS SECTION, "CODED AMMUNITION" MEANS A BULLET
   46  CARRYING A UNIQUE IDENTIFIER THAT HAS BEEN APPLIED BY ETCHING  ONTO  THE
   47  BASE OF THE BULLET PROJECTILE.
   48    S  3.  The penal law is amended by adding a new section 265.46 to read
   49  as follows:
   50  S 265.46 UNLAWFUL SALE OR POSSESSION OF UNCODED AMMUNITION.
   51    A PERSON IS GUILTY OF UNLAWFUL SALE OF UNCODED AMMUNITION WHEN  HE  OR
   52  SHE:
   53    1.  SELLS  ANY  AMMUNITION THAT HAS NOT BEEN CODED PURSUANT TO SECTION
   54  THREE HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW; OR
   55    2. POSSESSES ANY AMMUNITION THAT IS UNCODED, OR THE CODE OF WHICH  HAS
   56  BEEN RENDERED UNREADABLE.
       S. 2412                             3
    1    UNLAWFUL  SALE OR POSSESSION OF UNCODED AMMUNITION IS A CLASS A MISDE-
    2  MEANOR.
    3    S  4. The state finance law is amended by adding a new section 91-h to
    4  read as follows:
    5    S 91-H. AMMUNITION CODING SYSTEM DATABASE FUND.  1.  THERE  IS  HEREBY
    6  CREATED  IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
    7  TAXATION AND FINANCE, A FUND TO BE KNOWN AS THE AMMUNITION CODING SYSTEM
    8  DATABASE FUND.
    9    2. THE FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO  SECTION
   10  THREE  HUNDRED  NINETY-SIX-GG  OF THE GENERAL BUSINESS LAW, OR ANY OTHER
   11  MONEY APPROPRIATED TO THE FUND BY LAW.
   12    3. THE MONEYS OF THE FUND SHALL BE USED TO ESTABLISH AND MAINTAIN  THE
   13  AMMUNITION  CODING  SYSTEM  DATABASE  CREATED  PURSUANT TO SECTION THREE
   14  HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW.
   15    4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
   16  THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR
   17  OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   18    S  5.  This  act shall take effect on the ninetieth day after it shall
   19  have become a law.