S T A T E   O F   N E W   Y O R K
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                                  4618

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, CAMARA, PHEFFER, JAFFEE, DINOWITZ,
  SCHIMEL, GOTTFRIED, BING, ROBINSON, KELLNER -- Multi-Sponsored  by  --
  M.  of A. ALFANO, BOYLAND, COLTON, DIAZ, GLICK, KOON, MAISEL, PEOPLES,
  PERRY, WEISENBERG, WRIGHT -- read once and referred to  the  Committee
  on Codes

AN  ACT  to  amend  the  executive  law and the general business law, in
  relation to gun trafficking and the firearm, rifle and shotgun ballis-
  tic identification databank

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  2,  4 and 5 of section 230 of the executive
law, as added by chapter 189 of the laws of 2000, are amended and a  new
subdivision 6 is added to read as follows:
  2.  The superintendent of the division of state police, in cooperation
with the United States department of [treasury] JUSTICE, bureau of alco-
hol, tobacco and firearms and district  attorneys  in  New  York  state,
shall  develop  and  implement  a  strategy for the interdiction of guns
illegally entering New York from supplier  states.  The  strategy  shall
include  identifying  and  prosecuting  gun traffickers and suppliers of
such guns who may be violating federal, state or local laws, and cooper-
ating with the United States department of [treasury] JUSTICE, bureau of
alcohol, tobacco and firearms and appropriate prosecutorial agencies and
law enforcement agencies in supplier states  in  the  investigation  and
enforcement  of  such  laws.  District attorneys are authorized to enter
into collaborative agreements with prosecutorial and other  governmental
agencies  and entities in supplier states in an effort to stop the move-
ment of illegal guns into New York.
  4. (A) The superintendent of the division of state police shall estab-
lish and maintain within the division a criminal gun clearinghouse as  a
central  repository of information regarding all guns seized, forfeited,
found or otherwise coming into the possession of any state or local  law

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01620-02-9
              

A. 4618                             2

enforcement  agency  which are believed to have been used in the commis-
sion of a crime. The superintendent of  the  division  of  state  police
shall  adopt and promulgate regulations prescribing reporting procedures
for such state or local law enforcement agencies, including the form for
reporting  such  information. In addition to any other information which
the superintendent of the division of state police may require, the form
shall require [(a)] (I) the serial number  [or],  BALLISTIC  INFORMATION
AND  other  identifying  information  on the gun, EXPENDED PROJECTILE OR
EXPENDED SHELL CASING, if available and [(b)] (II) a  brief  description
of  the  circumstances  under  which  the  gun,  EXPENDED  PROJECTILE OR
EXPENDED SHELL CASING came into the possession of  the  law  enforcement
agency,  including  the  crime which was or may have been committed with
the gun.
  (B) ANY GUN, EXPENDED PROJECTILE  OR  EXPENDED  SHELL  CASING  SEIZED,
FOUND,  OR  OTHERWISE  COMING  INTO POSSESSION OF ANY STATE OR LOCAL LAW
ENFORCEMENT AGENCY SHALL BE SUBMITTED TO THE DIVISION OF  STATE  POLICE,
WHICH SHALL CAUSE TO BE ENTERED IN THE CRIMINAL GUN CLEARINGHOUSE ESTAB-
LISHED  PURSUANT  TO  PARAGRAPH  (A)  OF THIS SUBDIVISION (I) THE SERIAL
NUMBER, BALLISTIC INFORMATION AND IDENTIFYING INFORMATION  ON  THE  GUN,
EXPENDED  PROJECTILE,  OR EXPENDED SHELL CASING, IF AVAILABLE AND (II) A
BRIEF DESCRIPTION OF THE CIRCUMSTANCES UNDER  WHICH  THE  GUN,  EXPENDED
PROJECTILE  OR EXPENDED SHELL CASING CAME INTO THE POSSESSION OF THE LAW
ENFORCEMENT AGENCY.
  (C) MATERIALS REQUIRED TO BE SUBMITTED PURSUANT  TO  THIS  SUBDIVISION
SHALL BE SUBMITTED WITHIN THIRTY DAYS OF COMING INTO THE POSSESSION OF A
STATE OR LOCAL LAW ENFORCEMENT AGENCY. SUCH MATERIALS SHALL BE TESTED OR
EXAMINED  AS  REQUIRED  BY  THIS SUBDIVISION WITHIN THIRTY DAYS OF THEIR
RECEIPT BY THE LABORATORY.
  5. In any case where a state or local law enforcement agency  investi-
gates  the  commission  of  a  crime in this state and a specific gun is
known to have been used in  such  crime,  such  agency  shall  submit  a
request FOR A TRACE OF SUCH GUN to:
  (A)  the  national  tracing  center  of the United States [Department]
DEPARTMENT  of  [Treasury]  JUSTICE,  bureau  of  alcohol,  tobacco  and
firearms  to  trace  the  movement  of such gun [and such federal agency
shall be requested to provide the  superintendent  of  the  division  of
state  police  and  the local law enforcement agency with the results of
such a trace], AND
  (B) THE FIREARM, RIFLE AND SHOTGUN BALLISTIC  IDENTIFICATION  DATABANK
ESTABLISHED  PURSUANT  TO  SECTION  THREE  HUNDRED  NINETY-SIX-FF OF THE
GENERAL BUSINESS LAW.
  This subdivision shall not apply where the source of a gun is  already
known to a local law enforcement agency.
  6.  ON  DECEMBER FIRST, TWO THOUSAND TEN THE COMMISSIONER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES SHALL OBTAIN A COPY  OF  THE  LIST  OF
MOST FREQUENTLY TRACED CRIME GUNS IN NEW YORK, WHICH WAS PREPARED BY THE
UNITED  STATES  DEPARTMENT  OF  JUSTICE,  BUREAU OF ALCOHOL, TOBACCO AND
FIREARMS AS PART OF ITS YOUTH CRIME GUN INTERDICTION REPORT, AND FORWARD
SUCH LIST TO ALL GUNSMITHS AND FIREARM DEALERS LICENSED IN NEW YORK,  AS
WELL  AS  ALL GUN MANUFACTURERS SHIPPING GUNS INTO NEW YORK. THE COMMIS-
SIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES  SHALL  FORWARD  ANY
UPDATED  LIST  TO ALL GUNSMITHS AND FIREARM DEALERS LICENSED IN NEW YORK
WITHIN SIXTY DAYS OF THE ISSUANCE OF SUCH LIST.
  S 2. Section 396-ff of the general business law, as added  by  chapter
189 of the laws of 2000, is amended to read as follows:

A. 4618                             3

  S  396-ff.  [Pistol]  FIREARM,  RIFLE and [revolver] SHOTGUN ballistic
identification databank. (1) For  the  purposes  of  this  section,  the
following terms shall have the following meanings:
  (a)  "Manufacturer" means any person, firm or corporation possessing a
valid federal license that permits such person, firm or  corporation  to
engage in the business of manufacturing [pistols or revolvers] FIREARMS,
RIFLES  OR  SHOTGUNS  or  ammunition therefor for the purpose of sale or
distribution.
  (b) "FIREARM" MEANS A PISTOL, REVOLVER OR OTHER WEAPON AS  DEFINED  IN
SUBDIVISION THREE OF SECTION 265.00 OF THE PENAL LAW.
  (C) "RIFLE" MEANS A WEAPON AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
265.00 OF THE PENAL LAW.
  (D)  "SHOTGUN"  MEANS  A  WEAPON  AS  DEFINED IN SUBDIVISION TWELVE OF
SECTION 265.00 OF THE PENAL LAW.
  (E) "Shell casing" means that part of ammunition capable of being used
in a pistol or revolver that contains the primer and  propellant  powder
to discharge the bullet or projectile.
  (F)  "PROJECTILE"  MEANS  THAT  PART  OF  AMMUNITION  THAT IS EXPELLED
THROUGH THE BARREL OF A FIREARM, RIFLE OR SHOTGUN BY MEANS OF AN  EXPLO-
SION.
  (G)  "FREQUENTLY TRACED CRIME GUN" MEANS ANY FIREARM, RIFLE OR SHOTGUN
WHICH IS THE SAME MAKE AND MODEL AS THOSE IDENTIFIED BY  THE  BUREAU  OF
ALCOHOL, TOBACCO AND FIREARMS YOUTH CRIME GUN INTERDICTION INITIATIVE AS
ONE  OF  THE TEN MOST FREQUENTLY TRACED CRIME GUNS IN CITIES IN NEW YORK
STATE BEGINNING IN TWO THOUSAND.
  (H) "BALLISTIC IDENTIFIER" MEANS A DIGITIZED OR ELECTRONIC IMAGE OF  A
PROJECTILE  OR  SHELL  CASING DISCHARGED BY A FIREARM, RIFLE OR SHOTGUN,
CLEARLY SHOWING THE DISTINCTIVE FIRING PIN, BREECH, EJECTION, EXTRACTION
AND/OR BARREL MARKS FOR THAT PARTICULAR FIREARM  OR  RIFLE  SHOWING  THE
DISTINCTIVE  FIRING PIN AND BREECH MARKS FOR SHOTGUNS WHICH MAY BE USED,
THROUGH COMPARATIVE COMPUTER ANALYSIS, FOR INVESTIGATIVE,  PROSECUTORIAL
AND ADJUDICATIVE PURPOSES.
  (2)  On and after March first, two thousand one, any manufacturer that
ships, transports or delivers a pistol or revolver to any person in this
state shall, in accordance with rules and regulations promulgated by the
division of state police, include in the container with such  pistol  or
revolver a separate sealed container that encloses:
  (a)  a  shell  casing  of  a bullet or projectile discharged from such
pistol or revolver; and
  (b) any additional information that identifies such pistol or revolver
and shell casing as required by such rules and regulations.
  (3) (A) A gunsmith or dealer in firearms licensed in this state shall,
within ten days of the receipt of any pistol or revolver from a manufac-
turer that fails to comply with the provisions of this  section,  either
[(a)]  (I) return such pistol or revolver to such manufacturer, or [(b)]
(II) notify the division of state police of such noncompliance and ther-
eafter obtain a substitute sealed container through participation  in  a
program  operated by the state police as provided in subdivision four of
this section.
  (B) THE STATE POLICE SHALL MAINTAIN RECORDS REGARDING  THE  NUMBER  OF
BALLISTIC IMAGES SCANNED FOR THE MOST RECENT PERIOD, THE TOTAL NUMBER OF
BALLISTIC  IMAGES  COLLECTED  TO DATE, THE TYPE OF WEAPONS INCLUDED, THE
NUMBER OF LAW ENFORCEMENT INQUIRIES BY COUNTY, THE  NUMBER  AND  GENERAL
DESCRIPTION  OF INVESTIGATIVE LEADS GENERATED, THE NUMBER OF ARRESTS AND
NUMBER OF CONVICTIONS RESULTING, IN WHOLE OR IN PART, FROM  SUCH  LEADS,

A. 4618                             4

THE  COMPLIANCE  RATE FOR EACH MANUFACTURER, GUN DEALER AND GUNSMITH AND
THE NUMBER AND DESCRIPTION OF PROSECUTIONS FOR NONCOMPLIANCE.
  (4)  The  division  of state police shall no later than October first,
two thousand, promulgate rules and regulations for the  operation  of  a
program  which  provides  a gunsmith or a dealer in firearms licensed in
this state with a sealed container  enclosing  the  items  specified  in
subdivision two of this section. The program shall at a minimum:
  (a) be operational by January first, two thousand one;
  (b) operate in at least five regional locations within the state; and
  (c)  specify procedures by which such gunsmith or dealer is to deliver
a pistol or revolver to the regional program location closest to his  or
her  place  of  business for testing and prompt return of such pistol or
revolver.
  (5) On and after March first, two thousand one, a gunsmith  or  dealer
in  firearms licensed in this state shall, within ten days of delivering
to any person a pistol or revolver received by such gunsmith  or  dealer
in  firearms  on  or  after  such date, forward to the division of state
police, along with the original transaction report required by  subdivi-
sion  twelve  of  section  400.00 of the penal law, the sealed container
enclosing the shell casing from  such  pistol  or  revolver  either  (a)
received from the manufacturer, or (b) obtained through participation in
the  program operated by the division of state police in accordance with
subdivision four of this section.
  (6) Upon receipt of the sealed container, the division of state police
shall cause to be entered in an automated electronic databank  pertinent
data  and  other ballistic information relevant to identification of the
shell casing AND/OR PROJECTILE and to the [pistol  or  revolver]  WEAPON
from which it was discharged.  The automated electronic databank will be
operated  and  maintained by the division of state police, in accordance
with its rules and  regulations  adopted  after  consultation  with  the
Federal  Bureau  of  Investigation  and  the United States Department of
[Treasury] JUSTICE, Bureau of Alcohol, Tobacco and  Firearms  to  ensure
compatibility with national ballistic technology.  THE DATABANK SHALL BE
MODIFIED AS NECESSARY TO ASSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
SECTION.
  (7) THE SUPERINTENDENT OF THE STATE POLICE SHALL ISSUE A STATUS REPORT
ON  THE  FIREARM,  RIFLE AND SHOTGUN BALLISTIC DATABANK TO THE GOVERNOR,
THE MAJORITY LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  ANNU-
ALLY.  THE  REPORT  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF
BALLISTIC IMAGES SCANNED FOR THE MOST RECENT PERIOD, THE TOTAL NUMBER OF
BALLISTIC IMAGES COLLECTED TO DATE, THE TYPES OF WEAPONS  INCLUDED,  THE
NUMBER  OF  LAW  ENFORCEMENT INQUIRIES BY COUNTY, THE NUMBER AND GENERAL
DESCRIPTION OF INVESTIGATIVE LEADS GENERATED, THE NUMBER OF ARRESTS  AND
NUMBER OF CONVICTIONS RESULTING IN WHOLE OR IN PART FROM SUCH LEADS, THE
COMPLIANCE  RATE  FOR EACH MANUFACTURER, GUN DEALER AND GUNSMITH AND THE
NUMBER AND DESCRIPTION OF PROSECUTIONS FOR NONCOMPLIANCE.
  (8) Any person, firm or corporation who knowingly violates any of  the
provisions of this section shall be guilty of a violation, punishable as
provided  in  the  penal  law  AND,  NOTWITHSTANDING SUBDIVISION FOUR OF
SECTION 80.05 OF THE PENAL LAW, SHALL BE SUBJECT TO A FINE OF UP TO  ONE
THOUSAND  DOLLARS.    Any  person,  firm  or  corporation  who knowingly
violates any of the provisions of this section after having been  previ-
ously  convicted  of  a  violation  of this section shall be guilty of a
class A misdemeanor, punishable as provided in the penal law, AND  SHALL
BE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS.

A. 4618                             5

  S 3. Subdivisions 2, 3 and 5 of section 396-ff of the general business
law,  as  amended  by  section  two  of this act, are amended to read as
follows:
  (2) On and after March first, two thousand [one] TEN, any manufacturer
that ships, transports or delivers a [pistol or revolver] FIREARM to any
person  in  this  state  shall, in accordance with rules and regulations
promulgated by the division of state police, include  in  the  container
with  such  [pistol or revolver] WEAPON a separate sealed container that
encloses:
  (a) A DOCUMENT IDENTIFYING THE MAKE, MODEL AND SERIAL  NUMBER  OF  THE
WEAPON;
  (B)  a  shell  casing  of  a bullet or projectile discharged from such
[pistol or revolver] FIREARM OR, IN THE CASE OF A FIREARM THAT DOES  NOT
EJECT  A  SHELL  CASING  UPON  FIRING,  A  SHELL  CASING  AND PROJECTILE
DISCHARGED FROM SUCH WEAPON; and
  [(b) any additional information that identifies such pistol or  revol-
ver  and  shell  casing  as  required by such rules and regulations] (C)
BALLISTIC IDENTIFIERS FOR THE WEAPON WHICH WERE OBTAINED FROM THE  SHELL
CASING  AND/OR  PROJECTILE, AS THE CASE MAY BE, SUBMITTED AS REQUIRED BY
THIS SUBDIVISION.
  (3) (a) [A] ON OR AFTER MARCH FIRST, TWO THOUSAND TEN, A  gunsmith  or
dealer  in firearms licensed in this state shall, within ten days of the
receipt of any [pistol or revolver] FIREARM  from  a  manufacturer  that
fails  to  comply with the provisions of this section, either (i) return
such [pistol or revolver] FIREARM to such manufacturer, or  (ii)  notify
the division of state police of such noncompliance and thereafter obtain
a  substitute  sealed container through participation in a program oper-
ated by the state  police  as  provided  in  subdivision  four  of  this
section.
  (b)  The  state  police shall maintain records regarding the number of
ballistic images scanned for the most recent period, the total number of
ballistic images collected to date, the type of  weapons  included,  the
number  of  law  enforcement inquiries by county, the number and general
description of investigative leads generated, the number of arrests  and
number  of  convictions resulting, in whole or in part, from such leads,
the compliance rate for each manufacturer, gun dealer and  gunsmith  and
the number and description of prosecutions for noncompliance.
  (5)  On  and  after March first, two thousand [one] TEN, a gunsmith or
dealer in firearms licensed in this state  shall,  within  ten  days  of
delivering to any person a [pistol or revolver] FIREARM received by such
gunsmith  or  dealer  in  firearms on or after such date, forward to the
division of state police, along with  the  original  transaction  report
required  by  subdivision twelve of section 400.00 of the penal law, THE
BALLISTIC IDENTIFIER FOR THE FIREARM AND the sealed container  enclosing
the  shell  casing  AND/OR  PROJECTILE,  AS  THE  CASE MAY BE, from such
[pistol or revolver] FIREARM either (a) received from the  manufacturer,
or  (b)  obtained  through  participation in the program operated by the
division of state police in accordance with  subdivision  four  of  this
section.
  S  4.  Subdivision 4 of section 396-ff of the general business law, as
amended by section two of this act, is amended to read as follows:
  (4) The division of state police shall no later  than  October  first,
two thousand NINE, promulgate rules and regulations for the operation of
a  program which provides a gunsmith or a dealer in firearms licensed in
this state with a sealed container  enclosing  the  items  specified  in
subdivision two of this section. The program shall at a minimum:

A. 4618                             6

  (a) be operational by January first, two thousand [one] TEN;
  (b) operate in at least five regional locations within the state; and
  (c)  specify procedures by which such gunsmith or dealer is to deliver
a [pistol or revolver] FIREARM to the regional program location  closest
to  his  or  her place of business for testing and prompt return of such
[pistol or revolver] FIREARM.
  S 5. Subdivisions 2, 3 and 5 of section 396-ff of the general business
law, as amended by section three of this act, are  amended  to  read  as
follows:
  (2)  On and after March first, two thousand [ten] ELEVEN, any manufac-
turer that ships, transports or delivers a firearm OR FREQUENTLY  TRACED
CRIME  GUN  to  any person in this state shall, in accordance with rules
and regulations promulgated by the division of state police, include  in
the  container  with  such  weapon  a  separate  sealed  container  that
encloses:
  (a) a document identifying the make, model and serial  number  of  the
weapon;
  (b)  a  shell  casing  of  a bullet or projectile discharged from such
firearm OR FREQUENTLY TRACED CRIME GUN or, in the case of a  firearm  OR
FREQUENTLY  TRACED  CRIME  GUN  that  does not eject a shell casing upon
firing, a shell casing and projectile discharged from such weapon; and
  (c) ballistic identifiers for the weapon which were obtained from  the
shell  casing  and/or  projectile,  as  the  case  may  be, submitted as
required by this subdivision.
  (3) (a) On or after March first, two thousand [ten] ELEVEN, a gunsmith
or dealer in firearms licensed in this state shall, within ten  days  of
the  receipt  of  any  firearm  OR  FREQUENTLY  TRACED  CRIME GUN from a
manufacturer that fails to comply with the provisions of  this  section,
either  (i)  return  such firearm OR FREQUENTLY TRACED CRIME GUN to such
manufacturer, or (ii) notify  the  division  of  state  police  of  such
noncompliance  and  thereafter  obtain  a  substitute  sealed  container
through participation in a program  operated  by  the  state  police  as
provided in subdivision four of this section.
  (b)  The  state  police shall maintain records regarding the number of
ballistic images scanned for the most recent period, the total number of
ballistic images collected to date, the type of  weapons  included,  the
number  of  law  enforcement inquiries by county, the number and general
description of investigative leads generated, the number of arrests  and
number  of  convictions resulting, in whole or in part, from such leads,
the compliance rate for each manufacturer, gun dealer and  gunsmith  and
the number and description of prosecutions for noncompliance.
  (5) On and after March first, two thousand [ten] ELEVEN, a gunsmith or
dealer  in  firearms  OR  FREQUENTLY  TRACED CRIME GUNS licensed in this
state shall, within ten days of delivering to any person  a  firearm  OR
FREQUENTLY  TRACED  CRIME  GUN  received  by  such gunsmith or dealer in
firearms OR FREQUENTLY TRACED CRIME GUNS on or after such date,  forward
to  the  division  of  state police, along with the original transaction
report required FOR FIREARMS by subdivision twelve of section 400.00  of
the  penal  law,  [the  ballistic identifier for the firearm] OR, IN ALL
OTHER CASES, A DOCUMENT IDENTIFYING THE MAKE, MODEL AND SERIAL NUMBER OF
THE FREQUENTLY TRACED CRIME GUN, THE BALLISTIC IDENTIFIER FOR THE WEAPON
and the sealed container enclosing the shell casing  and/or  projectile,
as  the  case  may  be, from such firearm OR FREQUENTLY TRACED CRIME GUN
either (a) received from  the  manufacturer,  or  (b)  obtained  through
participation in the program operated by the division of state police in
accordance with subdivision four of this section.

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  S  6.  Subdivision 4 of section 396-ff of the general business law, as
amended by section four of this act, is amended to read as follows:
  (4)  The  division  of state police shall no later than October first,
two thousand [nine] TEN, promulgate rules and regulations for the opera-
tion of a program which provides a gunsmith or a dealer in  firearms  OR
FREQUENTLY  TRACED  CRIME  GUNS  licensed  in  this  state with a sealed
container enclosing the items  specified  in  subdivision  two  of  this
section. The program shall at a minimum:
  (a) be operational by January first, two thousand [ten] ELEVEN;
  (b) operate in at least five regional locations within the state; and
  (c)  specify procedures by which such gunsmith or dealer is to deliver
a firearm OR  FREQUENTLY  TRACED  CRIME  GUN  to  the  regional  program
location  closest to his or her place of business for testing and prompt
return of such firearm OR FREQUENTLY TRACED CRIME GUN.
  S 7. Subdivisions 2, 3 and 5 of section 396-ff of the general business
law, as amended by section five of this act,  are  amended  to  read  as
follows:
  (2)  On  and  after  March  first,  two  thousand [eleven] TWELVE, any
manufacturer that ships, transports or delivers a firearm [or frequently
traced crime gun], RIFLE OR SHOTGUN to any person in this  state  shall,
in  accordance with rules and regulations promulgated by the division of
state police, include in the  container  with  such  weapon  a  separate
sealed container that encloses:
  (a)  a  document  identifying the make, model and serial number of the
weapon;
  (b) a shell casing of a bullet  or  projectile  discharged  from  such
firearm  [or  frequently  traced crime gun], RIFLE OR SHOTGUN or, in the
case of a firearm [or frequently traced crime  gun],  RIFLE  OR  SHOTGUN
that  does  not  eject  a  shell  casing upon firing, a shell casing and
projectile discharged from such weapon; and
  (c) ballistic identifiers for the weapon which were obtained from  the
shell  casing  and/or  projectile,  as  the  case  may  be, submitted as
required by this subdivision.
  (3) (a) On or after March  first,  two  thousand  [eleven]  TWELVE,  a
gunsmith  or  dealer  in  firearms, RIFLES AND SHOTGUNS licensed in this
state shall, within ten days of the receipt of any firearm [or frequent-
ly traced crime gun], RIFLE OR SHOTGUN from a manufacturer that fails to
comply with the provisions of  this  section,  either  (i)  return  such
firearm  [or  frequently  traced  crime  gun],  RIFLE OR SHOTGUN to such
manufacturer, or (ii) notify  the  division  of  state  police  of  such
noncompliance  and  thereafter  obtain  a  substitute  sealed  container
through participation in a program  operated  by  the  state  police  as
provided in subdivision four of this section.
  (b)  The  state  police shall maintain records regarding the number of
ballistic images scanned for the most recent period, the total number of
ballistic images collected to date, the type of  weapons  included,  the
number  of  law  enforcement inquiries by county, the number and general
description of investigative leads generated, the number of arrests  and
number  of  convictions resulting, in whole or in part, from such leads,
the compliance rate for each manufacturer, gun dealer and  gunsmith  and
the number and description of prosecutions for noncompliance.
  (5) On and after March first, two thousand [eleven] TWELVE, a gunsmith
or dealer in firearms [or frequently traced crime guns], RIFLES OR SHOT-
GUNS  licensed in this state shall, within ten days of delivering to any
person a firearm [or frequently traced  crime  gun],  RIFLE  OR  SHOTGUN
received  by  such  gunsmith or dealer in firearms [or frequently traced

A. 4618                             8

crime guns], RIFLES OR SHOTGUNS on or after such date,  forward  to  the
division  of  state  police,  along with the original transaction report
required for firearms by subdivision twelve of  section  400.00  of  the
penal  law,  or,  in  all  other cases, a document identifying the make,
model and serial number of the [frequently traced crime  gun]  RIFLE  OR
SHOTGUN, the ballistic identifier for the weapon and the sealed contain-
er  enclosing  the  shell  casing and/or projectile, as the case may be,
from such firearm [or frequently traced crime  gun],  RIFLE  OR  SHOTGUN
either  (a)  received  from  the  manufacturer,  or (b) obtained through
participation in the program operated by the division of state police in
accordance with subdivision four of this section.
  S 8. Subdivision 4 of section 396-ff of the general business  law,  as
amended by section six of this act, is amended to read as follows:
  (4)  The  division  of state police shall no later than October first,
two thousand [ten] ELEVEN, promulgate  rules  and  regulations  for  the
operation of a program which provides a gunsmith or a dealer in firearms
[or  frequently  traced crime guns], RIFLES OR SHOTGUNS licensed in this
state with a sealed container enclosing the items specified in  subdivi-
sion two of this section. The program shall at a minimum:
  (a) be operational by January first, two thousand [eleven] TWELVE;
  (b) operate in at least five regional locations within the state; and
  (c)  specify procedures by which such gunsmith or dealer is to deliver
a firearm [or frequently traced crime gun],  RIFLE  OR  SHOTGUN  to  the
regional  program  location  closest to his or her place of business for
testing and prompt return of such firearm [or  frequently  traced  crime
gun], RIFLE OR SHOTGUN.
  S  9.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that:
  1. Section three of this act shall take effect March 1, 2010;
  2. Section four of this act shall take effect October 1, 2009;
  3. Section five of this act shall take effect March 1, 2011;
  4. Section six of this act shall take effect October 1, 2010;
  5. Section seven of this act shall take effect March 1, 2012; and
  6. Section eight of this act shall take effect October 1, 2011.