NY State Senate Bill 2009-S4397

Senate Bill S4397

2009-2010 Legislative Session

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jul 16, 2009	committed to rules
Jun 04, 2009	advanced to third reading
Jun 03, 2009	2nd report cal. amended 4397a
Jun 02, 2009	1st report cal.572
Apr 22, 2009	referred to codes

Votes

- Jun 2, 2009 - Codes Committee Vote
  S4397
  
  9
  
  Aye
  
  4
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 2, 2009
      
      aye (9)
      
      Breslin
      
      Duane
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (4)
      
      DeFrancisco
      
      Flanagan
      
      Saland
      
      Volker
      
      aye wr (3)
      
      Bonacic
      
      Golden
      
      Lanza

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S4397 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §265.38, Pen L

2009-S4397 - Summary

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; establishes fines for violations of this requirement.

2009-S4397 - Sponsor Memo

                                 BILL NUMBER:  S4397

 TITLE OF BILL :
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


 PURPOSE OR GENERAL IDEA OF BILL :
Requires all semiautomatic pistols manufactured on or after January
1st, 2011 to be equipped with a microscopic array of characters that
identify the make, model, and serial number of the pistol on the
firing pin, which would copy the characters onto the cartridge case of
discharged ammunition.

 SUMMARY OF SPECIFIC PROVISIONS :
Section three of the bill amends § 265.00 of the penal law by adding
the definitions of "firearms dealer," "manufacturer,"
"microstamp-ready," and "semiautomatic pistol."

Section six of the bill requires that any semiautomatic pistol
manufactured on or after January 1st, 2011 that is delivered or caused
to be delivered to any firearms dealer in New York state shall be
capable of microstamping ammunition. It also requires that any
semiautomatic pistol manufactured after January 1st, 2011 that is
sold, offered for sale, loaned, given, or transferred by a firearms

dealer in New York state be capable of microstamping.

Section seven of the bill states that the act shall take effect on
January 1st, 2011 provided that the Superintendent of the New York
State Police receives written notice from a microstamp job shop that
it is willing to produce microstamp structures on semiautomatic
pistols for a price no higher than twelve dollars for everyone
thousand firearms.

 JUSTIFICATION :
Microstamping technology would give law enforcement a tool that will
provide evidence to help investigate, arrest, and convict more people
who use semiautomatic handguns in crimes. As the gun is fired,
information identifying the make, model, and serial number of the gun
is stamped onto the cartridge as numbers and letters. This technology
is designed to aid law enforcement officials investigating homicides
and other crimes by allowing them to trace handguns through cartridge
casings found at crime scenes. It will provide rapid leads at many
crime scenes which is so important in the first crucial hours after a
homicide.

Microstamping will help reduce gun trafficking of new semiautomatic
handguns by creating accountability. Legal purchasers who buy guns for
traffickers (straw buyers) will be deterred once they know crimes
committed with these guns can be traced directly back to them.

 PRIOR LEGISLATIVE HISTORY :
2008: A.9819-A

 FISCAL IMPLICATIONS :
This legislation will not impose new costs on the state of New York.
No new database is required. No new employees need to be hired by law
enforcement or the state.

Manufacturers will incur minimal costs to adopt the new technology.
The anticipated cost is to be between fifty cents and one dollar per
firearm.

 EFFECTIVE DATE :
This act shall take effect January 1st, 2011.

2009-S4397 - Bill Text download pdf

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

                                  4397

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "crime gun identification act of 2009".
  S  2.  Legislative  findings and intent. The legislature finds that in
2005, the national clearance rate for homicide cases  was  approximately
60%  and  over  3,000 gun homicide cases went unsolved; that in approxi-
mately half of gun homicide investigations a spent cartridge casing, but
not a firearm, is recovered at the crime scene; that currently  deployed
national  ballistic  identification  systems  cannot identify the serial
number of a gun unless the gun itself has been recovered;  that  firearm
microstamping  is  an  evolutionary forensic technology that produces an
identifiable alpha-numeric and geometric  code  onto  the  rear  of  the
cartridge  casing  each  time  a semiautomatic pistol is fired; that the
alpha-numeric and geometric code on an expended  cartridge  casing  will
provide  an initial lead for law enforcement by enabling law enforcement
to match the cartridge casing found at a crime to the original owner  of
the  firearm;  that  information  from completed crime gun tracing is an
important element utilized by COMPSTAT and other crime analysis  systems
to  target  illegal  firearms trafficking; that microstamping technology
continues to  produce  identifiable  markings  onto  expended  cartridge
casings  even after thousands of rounds of testing; that this additional
tool will help law  enforcement  investigate  illegal  gun  trafficking,
close  firearm-related  criminal  cases and protect the public; and that
legislative action is necessary to require all new semiautomatic pistols
manufactured or sold after January 1, 2011 to be microstamp-ready.
  S 3. Section 265.00 of the penal law is amended  by  adding  four  new
subdivisions 24, 25, 26 and 27 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD02827-04-9

S. 4397                             2

  24. "FIREARMS DEALER" SHALL MEAN A PERSON OR ORGANIZATION POSSESSING A
DEALER'S  LICENSE  TO  SELL  FIREARMS  AT  WHOLESALE OR AT RETAIL ISSUED
PURSUANT TO THE PROVISIONS OF SECTION 400.00 OF THE PENAL LAW OR  ISSUED
UNDER FEDERAL LAW.
  25.  "MANUFACTURER"  SHALL  MEAN ANY PERSON, CORPORATION, PARTNERSHIP,
FIRM, OR OTHER LEGAL ENTITY IN BUSINESS TO  MANUFACTURE  OR  ASSEMBLE  A
FIREARM, FOR SALE OR DISTRIBUTION.
  26. "MICROSTAMP-READY" SHALL MEAN A SEMIAUTOMATIC PISTOL THAT IS MANU-
FACTURED TO PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC CODE ON AT LEAST
TWO  LOCATIONS ON EACH EXPENDED CARTRIDGE CASE THAT IDENTIFIES THE MAKE,
MODEL, AND SERIAL NUMBER OF THE PISTOL.
  27. "SEMIAUTOMATIC PISTOL" SHALL MEAN A PISTOL CAPABLE OF UTILIZING  A
PORTION  OF  THE  ENERGY  OF  A  FIRING  CARTRIDGE  TO EXTRACT THE FIRED
CARTRIDGE CASE AND  AUTOMATICALLY  CHAMBER  THE  NEXT  ROUND,  AND  THAT
REQUIRES A SEPARATE PULL OF THE TRIGGER TO FIRE EACH SUCCESSIVE ROUND.
  S  4.  Subdivision 6 of section 265.10 of the penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
  6. Any person who wilfully defaces  any  machine-gun,  large  capacity
ammunition  feeding  device  or  firearm  is guilty of a class D felony.
PROVIDED, HOWEVER, NO ACTION TAKEN IN AN EFFORT TO COMPLY  WITH  SECTION
265.38 OF THIS ARTICLE SHALL CONSTITUTE A VIOLATION OF THIS SUBDIVISION.
  S  5.  Subdivision 5 of section 265.15 of the penal law, as amended by
chapter 695 of the laws of 1987, is amended to read as follows:
  5. The possession by any person of  a  defaced  machine-gun,  firearm,
rifle  or  shotgun  is presumptive evidence that such person defaced the
same.  PROVIDED, HOWEVER, NO ACTION TAKEN IN AN EFFORT  TO  COMPLY  WITH
SECTION  265.38  OF  THIS  ARTICLE  SHALL CONSTITUTE A VIOLATION OF THIS
SUBDIVISION.
  S 6. The penal law is amended by adding a new section 265.38  to  read
as follows:
S 265.38 MICROSTAMPING CAPABILITY OF SEMIAUTOMATIC PISTOLS REQUIRED.
  1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, BEGINNING ON
JANUARY  FIRST,  TWO  THOUSAND  ELEVEN,  A SEMIAUTOMATIC PISTOL SHALL BE
MICROSTAMP-READY IF IT IS:
  (A) MANUFACTURED IN NEW YORK STATE;
  (B) MANUFACTURED ON OR AFTER JANUARY FIRST, TWO  THOUSAND  ELEVEN  AND
DELIVERED  OR  CAUSED  TO  BE  DELIVERED BY ANY MANUFACTURER OR FIREARMS
DEALER TO A FIREARMS DEALER IN NEW YORK STATE; OR
  (C) MANUFACTURED ON OR AFTER JANUARY FIRST, TWO  THOUSAND  ELEVEN  AND
SOLD,  OFFERED  FOR  SALE,  LOANED,  GIVEN, OR TRANSFERRED BY A FIREARMS
DEALER IN NEW YORK STATE.
  2. (A) A SEMIAUTOMATIC PISTOL MANUFACTURED AFTER  JANUARY  FIRST,  TWO
THOUSAND  ELEVEN  THAT  IS  NOT  MICROSTAMP-READY  AND THAT WAS LAWFULLY
ACQUIRED OUTSIDE OF NEW YORK STATE BY A NON-DEALER WHO WAS NOT  A  RESI-
DENT  OF  NEW YORK STATE AT THE TIME OF ACQUISITION BUT WHO SUBSEQUENTLY
MOVED TO NEW YORK STATE MAY BE POSSESSED, SOLD,  TRANSFERRED,  OR  GIVEN
AWAY.  IN  SUCH INSTANCE THE PISTOL SHALL BE SOLD, TRANSFERRED, OR GIVEN
AWAY ONLY TO A FIREARMS DEALER WHO SUBSEQUENTLY CAN ONLY SELL, TRANSFER,
OR GIVE AWAY SUCH PISTOL TO A FIREARMS DEALER OUTSIDE OF NEW YORK STATE.
  (B) IF A FIREARMS DEALER LAWFULLY ACQUIRES A MICROSTAMP-READY  SEMIAU-
TOMATIC PISTOL THAT WAS ORIGINALLY PURCHASED BY A NON-DEALER RESIDENT OF
NEW YORK STATE THE FIREARMS DEALER SHALL NOT SELL, OFFER FOR SALE, LOAN,
GIVE,  OR  TRANSFER  THAT  PISTOL IF HE OR SHE KNOWS THAT THE PISTOL HAS
BEEN DEFACED AS PRESCRIBED IN SUBDIVISION THREE OF THIS SECTION.
  3. (A) EXCEPT AS PROVIDED IN PARAGRAPH  (B)  OF  THIS  SUBDIVISION  NO
PERSON  SHALL INTENTIONALLY DEFACE OR ALTER A MICROSTAMP-READY SEMIAUTO-

S. 4397                             3

MATIC PISTOL OR A PORTION OF THE PISTOL FOR THE  PURPOSE  OF  PREVENTING
LAW  ENFORCEMENT  FROM IDENTIFYING THE UNIQUE ALPHA-NUMERIC OR GEOMETRIC
CODE ASSOCIATED WITH THAT PISTOL.
  (B)  REPLACING A FIRING PIN THAT HAS BEEN DAMAGED OR OTHERWISE IN NEED
OF REPLACEMENT FOR THE SAFE USE OF THE SEMIAUTOMATIC  PISTOL  OR  FOR  A
LEGITIMATE SPORTING PURPOSE SHALL NOT ALONE BE EVIDENCE THAT SOMEONE HAS
VIOLATED THIS SUBDIVISION.
  4.  BEGINNING  JANUARY  FIRST,  TWO THOUSAND ELEVEN, A MANUFACTURER OR
FIREARMS DEALER THAT DELIVERS A SEMIAUTOMATIC PISTOL, OR CAUSES A  SEMI-
AUTOMATIC  PISTOL  TO BE DELIVERED, TO A FIREARMS DEALER FOR SALE IN NEW
YORK STATE SHALL CERTIFY WHETHER THE PISTOL WAS MANUFACTURED ON OR AFTER
JANUARY FIRST, TWO THOUSAND ELEVEN AND, IF IT WAS, THAT:
  (A) THE SEMIAUTOMATIC PISTOL WILL PRODUCE A UNIQUE ALPHA-NUMERIC  CODE
OR  A  GEOMETRIC  CODE  ON EACH CARTRIDGE CASE THAT IDENTIFIES THE MAKE,
MODEL, AND SERIAL NUMBER OF THE SEMIAUTOMATIC PISTOL THAT  EXPENDED  THE
CARTRIDGE CASING; AND
  (B)  THE  MANUFACTURER  WILL  SUPPLY  THE  SUPERINTENDENT OF THE STATE
POLICE WITH THE MAKE, MODEL, AND  SERIAL  NUMBER  OF  THE  SEMIAUTOMATIC
PISTOL  THAT  EXPENDED  THE  CARTRIDGE  CASE,  WHEN  PRESENTED  WITH  AN
ALPHA-NUMERIC OR GEOMETRIC CODE FROM A CARTRIDGE  CASE;  PROVIDED,  THAT
THE CARTRIDGE CASE WAS RECOVERED AS PART OF A LEGITIMATE LAW ENFORCEMENT
INVESTIGATION.
  5.  FOR  PURPOSES  OF SUBDIVISION ONE OF THIS SECTION, A SEMIAUTOMATIC
PISTOL IS CAPABLE OF MICROSTAMPING AMMUNITION IF:
  (A) A MICROSCOPIC ARRAY OF CHARACTERS THAT IDENTIFY  THE  MAKE,  MODEL
AND  SERIAL NUMBER OF THE SEMIAUTOMATIC PISTOL IS ETCHED INTO THE FIRING
PIN AND THE BREECH FACE OF THE SEMIAUTOMATIC PISTOL; AND
  (B) WHEN AMMUNITION IS FIRED FROM THE SEMIAUTOMATIC PISTOL, THE  CHAR-
ACTERS  ARE  COPIED  FROM  THE  FIRING  PIN AND THE BREECH FACE ONTO THE
CARTRIDGE CASE OF THE AMMUNITION.
  6. (A) ANY MANUFACTURER OR FIREARMS DEALER WHO INTENTIONALLY FAILS  TO
COMPLY  WITH SUBDIVISION ONE OF THIS SECTION BY DELIVERING OR CAUSING TO
BE DELIVERED ANY SEMIAUTOMATIC PISTOL MANUFACTURED ON OR  AFTER  JANUARY
FIRST, TWO THOUSAND ELEVEN THAT IS NOT MICROSTAMP-READY;
  (B)  ANY FIREARMS DEALER WHO INTENTIONALLY FAILS TO COMPLY WITH SUBDI-
VISION ONE OF THIS SECTION BY SELLING ANY SEMIAUTOMATIC PISTOL  MANUFAC-
TURED ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN THAT IS NOT MICROS-
TAMP-READY; OR
  (C)  ANY  PERSON  WHO  INTENTIONALLY  FAILS TO COMPLY WITH SUBDIVISION
THREE OF THIS SECTION BY DEFACING OR ALTERING ANY MICROSTAMP-READY SEMI-
AUTOMATIC PISTOL THAT WAS MANUFACTURED ON OR AFTER  JANUARY  FIRST,  TWO
THOUSAND ELEVEN,
SHALL  BE  SUBJECT  TO  A  FINE  OF  UP TO ONE THOUSAND DOLLARS FOR EACH
VIOLATION. IN ADDITION TO ANY FINE IMPOSED PURSUANT TO THIS  SECTION,  A
TERM  OF  IMPRISONMENT  OF  UP  TO  ONE  YEAR  MAY  BE  IMPOSED FOR EACH
VIOLATION.
  S 7. This act shall take effect January 1, 2011; provided, that:
  (a) the superintendent of the state  police  has  received  a  written
notice  from a microstamp job shop that is willing to produce the micro-
stamp structures on two internal surfaces of a semiautomatic pistol such
that the pistol is microstamp-ready for a price  of  twelve  dollars  or
less at a production level of one thousand firearms per a batch; and
  (b)  effective  immediately,  the  superintendent  of the state police
shall issue rules and regulations necessary for  the  implementation  of
this act on its effective date.

co-Sponsors

View additional co-sponsors

2009-S4397A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §265.38, Pen L

2009-S4397A (ACTIVE) - Summary

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; establishes fines for violations of this requirement.

2009-S4397A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4397A

 TITLE OF BILL :
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


 PURPOSE OR GENERAL IDEA OF BILL :
Requires all semiautomatic pistols manufactured on or after January
1st, 2011 to be capable of producing a unique alpha-numeric or
geometric code on at least two locations on each cartridge case
expended from such pistol which can be used to identify the make,
model, and serial number of the pistol.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 contains the short title of the act, the "Crime Gun
Identification Act of 2009."

Section 2 of the bill contains the Legislative Findings and Intent.

Section 3 of the bill adds two new subdivisions 24 and 25 to section
265.00 of the penal law to define the terms "micros tamp-ready" and
"microstamping component or mechanism."

Section 4 of the bill amends subdivision 6 of section 265.10 of the

penal law to clarify that the existing class D felony offense of
defacing a firearm includes the defacement of a micros tamping
component or mechanism of a semiautomatic pistol. This section also
creates a new class A misdemeanor offense when a dealer in firearms
sells, offers for sale, exchanges, gives, transfers or delivers a
semiautomatic pistol knowing that the microstamping component or
mechanism of such pistol has been defaced. section 6 expressly
excludes from defacing a semiautomatic pistol (1) modifications made
to such pistol to render it microstamp-ready, or (2) replacing a
firing pin of a micro-stamp ready semiautomatic pistol when the pin is
damaged or in need of replacement for the safe use of the pistol, or
replacing such pin for a legitimate sporting purpose.

Section 5 of the bill adds two new sections 265.38 and 265.39 to the
penal law. Section 265.38 would prohibit (1) on or after January 1,
2011, the manufacture of a semiautomatic pistol in this state that is
not micro-stamp ready, (2) the sale, offer for sale, exchange, giving,
transfer or delivery of a semi-automatic pistol manufactured after
January 1, 2011 by a dealer in firearms to any person other than a
dealer in firearms, unless such pistol is micro-stamp ready and (3)
any manufacturer or wholesale dealer from delivering a semiautomatic
pistol manufactured after January 1, 2011 to any person in this state,
unless the pistol is certified by the manufacturer as micro-stamp
ready in accordance with rules and regulations promulgated by the
division of state police. A violation of Section 265.38 is a class B
misdemeanor; a second or subsequent violation of any of these
provisions is a class A misdemeanor. Section 265.39 provides dealers
in firearms charged under subdivision 2 of section 265.38 with an
affirmative defense. The affirmative defense is available to those
dealers who, at the time of the sale, offer for sale, exchange,
giving, transfer or delivery of a semi-automatic pistol manufactured
after January 1, 2011, are in possession of the manufacturer's
certification that such pistol is microstamp-ready, or an exact copy
of such certification.

Section 6 of the bill amends subdivision 5 of section 265.16 of the
penal law to make the presumption that applies to possession of
defaced guns inapplicable to semi-automatic pistols where the sole
defacement consists of defacing a microstamping component or mechanism
of such pistol.
Section 7 of the bill contains the effective date.

 JUSTIFICATION :
Microstamping technology utilizes lasers to make precise, microscopic
engravings on the internal mechanisms of a gun, such as the breech
face and firing pin. As the gun is fired, information identifying the
make, model and serial number of the gun can be stamped onto the
cartridge as numbers and letters. The technology is designed to aid
law enforcement officials investigating homicides and other crimes by
allowing them to trace firearms through cartridge cases found at crime
scenes.

Microstamping represents a significant advancement over existing
ballistic identification technology. Because the technology of micros
tamping stamps the identifying characteristics of a firearm onto every
cartridge ejected from the gun, investigators need only recover the
cartridges at a crime scene to be able to identify the actual crime
gun. Current ballistics identification technology is much more
limited. While it can be used to compare ballistic evidence recovered
at crime scenes, it cannot lead investigators directly to a specific
firearm that produced the ballistic fingerprint, unless that firearm
is recovered.

On October 13, 2007, California Governor Arnold Schwarzenegger signed
into law the "Crime Gun Identification Act of 2007, "mandating
manufacturer "microstamping" of all new models of semiautomatic
handgun models sold in California starting in 2010. Numerous other
states are also considering rnicrostamping legislation.

 PRIOR LEGISLATIVE HISTORY :
2008: S.8541 Referred to Rules

 FISCAL IMPLICATIONS :
This legislation will not impose new costs on the State of New York.
No new database is required; The certification process contained in
the bill is entirely industry based.  Manufacturers will incur minimal
costs to adopt the new technology.

 EFFECTIVE DATE :
The act would take effect January 1st, 2011, or at such time that the
division of state police receive written notice from a microstamp job
shop that such shop can produce microstamp structures on two internal
surfaces of a semiautomatic pistol for a price of twelve dollars or
less at a production level of one thousand semiautomatic pistols per
batch. The division of state police is authorized to promulgate
necessary rules and regulations upon passage of the act.

2009-S4397A (ACTIVE) - Bill Text download pdf

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

                                 4397--A
    Cal. No. 572

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by Sens. SCHNEIDERMAN, BRESLIN, ADAMS, ADDABBO, DIAZ, DILAN,
  DUANE, ESPADA, HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KLEIN,  KRUEGER,
  KRUGER, MONSERRATE, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, PERKINS,
  SAMPSON,  SAVINO, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS, THOMP-
  SON -- read twice and ordered printed, and when printed to be  commit-
  ted  to the Committee on Codes -- reported favorably from said commit-
  tee, ordered to first report, amended on first report,  ordered  to  a
  second  report and ordered reprinted, retaining its place in the order
  of second report

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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "crime gun identification act of 2009".
  S  2.  Legislative  findings and intent. The legislature finds that in
2005, the national clearance rate for homicide cases  was  approximately
60%  and  over  3,000 gun homicide cases went unsolved; that in approxi-
mately half of gun homicide investigations a spent cartridge casing, but
not a firearm, is recovered at the crime scene; that currently  deployed
national  ballistic  identification  systems  cannot identify the serial
number of a gun unless the gun itself has been recovered;  that  firearm
microstamping  is  an  evolutionary forensic technology that produces an
identifiable alpha-numeric and geometric  code  onto  the  rear  of  the
cartridge  casing  each  time  a semiautomatic pistol is fired; that the
alpha-numeric and geometric code on an expended  cartridge  casing  will
provide  an initial lead for law enforcement by enabling law enforcement
to match the cartridge casing found at a crime to the original owner  of
the  firearm;  that  information  from completed crime gun tracing is an
important element utilized by COMPSTAT and other crime analysis  systems

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

                                                           LBD02827-09-9

S. 4397--A                          2

to  target  illegal  firearms trafficking; that microstamping technology
continues to  produce  identifiable  markings  onto  expended  cartridge
casings  even after thousands of rounds of testing; that this additional
tool  will  help  law  enforcement  investigate illegal gun trafficking,
close firearm-related criminal cases and protect the  public;  and  that
legislative action is necessary to require all new semiautomatic pistols
manufactured or sold after January 1, 2011 to be microstamp-ready.
  S  3.  Section  265.00  of  the penal law is amended by adding two new
subdivisions 24 and 25 to read as follows:
  24. "MICROSTAMP-READY," WHEN USED WITH REFERENCE  TO  A  SEMIAUTOMATIC
PISTOL,  MEANS  THAT  SUCH  PISTOL  IS  MANUFACTURED TO PRODUCE A UNIQUE
ALPHA-NUMERIC OR GEOMETRIC CODE  ON  AT  LEAST  TWO  LOCATIONS  ON  EACH
EXPENDED  CARTRIDGE  CASE  THAT  IDENTIFIES  THE MAKE, MODEL, AND SERIAL
NUMBER OF THE PISTOL.
  25. "MICROSTAMPING COMPONENT OR MECHANISM," WHEN USED  WITH  REFERENCE
TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
DESIGNED  AND  INTENDED  TO  PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC
CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
AL NUMBER OF THE PISTOL.
  S 4. Subdivision 6 of section 265.10 of the penal law, as  amended  by
chapter 189 of the laws of 2000, is amended to read as follows:
  6. (A) Any person who wilfully defaces any machine-gun, large capacity
ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
COMPONENT  OR MECHANISM OF A SEMIAUTOMATIC PISTOL AS DESCRIBED IN SUBDI-
VISION TWENTY-FIVE OF SECTION 265.00 OF THIS ARTICLE,  is  guilty  of  a
class D felony. (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00
OF  THIS CHAPTER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS
OR DELIVERS A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING  COMPO-
NENT OR MECHANISM OF SUCH PISTOL AS DESCRIBED IN SUBDIVISION TWENTY-FIVE
OF SECTION 265.00 OF THIS ARTICLE HAS BEEN DEFACED, IS GUILTY OF A CLASS
A MISDEMEANOR. FOR PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMAT-
IC  PISTOL  DOES  NOT  INCLUDE  (1)  MODIFYING A SEMIAUTOMATIC PISTOL TO
RENDER IT MICROSTAMP-READY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE OR (2) REPLACING  THE
FIRING  PIN OF A SEMIAUTOMATIC PISTOL THAT IS MICROSTAMP-READY WHEN SUCH
PIN IS DAMAGED OR IN NEED OF  REPLACEMENT  FOR  THE  SAFE  USE  OF  SUCH
PISTOL, OR REPLACING SUCH PIN FOR A LEGITIMATE SPORTING PURPOSE.
  S  5.  The  penal law is amended by adding two new sections 265.38 and
265.39 to read as follows:
S 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
  IT SHALL BE UNLAWFUL:
  1.  FOR ANY PERSON, ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, TO
MANUFACTURE OR CAUSE TO BE MANUFACTURED IN THIS  STATE  A  SEMIAUTOMATIC
PISTOL, UNLESS SUCH PISTOL IS MICROSTAMP-READY;
  2.  FOR  ANY  DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS
CHAPTER, TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER  A
SEMIAUTOMATIC  PISTOL  MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOU-
SAND ELEVEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS,  UNLESS  SUCH
PISTOL IS MICROSTAMP-READY; OR
  3.  FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO BE
DELIVERED TO ANY PERSON IN THIS STATE, A SEMIAUTOMATIC  PISTOL  MANUFAC-
TURED  AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, UNLESS THE MANUFACTURER
CERTIFIES TO SUCH PERSON AT THE TIME OF  SUCH  DELIVERY,  IN  ACCORDANCE
WITH  RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE,
THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND  REGULATIONS  SHALL

S. 4397--A                          3

INCLUDE  A  REQUIREMENT THAT, AS PART OF THE CERTIFICATION, THE MANUFAC-
TURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL.
  A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
SALE  DEALER  OR  A  MANUFACTURER,  WHO  VIOLATES  ANY PROVISION OF THIS
SECTION  AFTER  HAVING  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING   ANY
PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
  IN  ANY  PROSECUTION  UNDER  SUBDIVISION TWO OF SECTION 265.38 OF THIS
ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER  IN  FIREARMS,  AT
THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
  1.  A  CERTIFICATION  FROM  THE  MANUFACTURER OF SUCH PISTOL DELIVERED
PURSUANT TO SUBDIVISION THREE OF SECTION 265.38 OF  THIS  ARTICLE,  THAT
SUCH PISTOL IS MICROSTAMP-READY; OR
  2.  AN  EXACT  COPY  OF  SUCH  CERTIFICATION OBTAINED BY THE DEALER IN
FIREARMS FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES  AND
REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
  THE  DIVISION  OF  STATE POLICE SHALL PROMULGATE RULES AND REGULATIONS
GOVERNING PROCEDURES AND STANDARDS FOR EXACT  COPIES  OF  CERTIFICATIONS
AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
TURER FOR PURPOSES OF THIS SECTION.
  S  6.  Subdivision  5  of section 265.15 of the penal law, as added by
chapter 695 of the laws of 1987, is amended to read as follows:
  5. The possession by any person of  a  defaced  machine-gun,  firearm,
rifle  or  shotgun  is presumptive evidence that such person defaced the
same, PROVIDED, HOWEVER,  THAT  THIS  SUBDIVISION  SHALL  NOT  APPLY  TO
POSSESSION  OF A SEMI-AUTOMATIC PISTOL WHERE THE SOLE DEFACEMENT ALLEGED
CONSISTS OF DEFACING A MICROSTAMPING  COMPONENT  OR  MECHANISM  OF  SUCH
PISTOL.
  S  7. This act shall take effect January 1, 2011, or at such time that
the superintendent of the state police has received written notice  from
one or more microstamp job shops that such shop or shops are willing and
prepared  to produce microstamp structures on two internal surfaces of a
semiautomatic pistol in accordance with subdivision 24 of section 265.00
of the penal law for a price of twelve dollars or less at  a  production
level  of one thousand semiautomatic pistols per batch, whichever occurs
first; provided that the division  of  state  police  shall  notify  the
legislative  bill drafting commission upon the occurrence of the receipt
of the written notice provided for in this section  in  order  that  the
commission  may  maintain  an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of this  act,  and  provided  further,  that
effective  immediately  the  superintendent  of  the  state police shall
promulgate rules and regulations necessary  for  the  implementation  of
this act.

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Senate Bill S4397

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Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

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2009-S4397 - Details

2009-S4397 - Summary

2009-S4397 - Sponsor Memo

2009-S4397 - Bill Text download pdf

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2009-S4397A (ACTIVE) - Details

2009-S4397A (ACTIVE) - Summary

2009-S4397A (ACTIVE) - Sponsor Memo

2009-S4397A (ACTIVE) - Bill Text download pdf

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