S T A T E   O F   N E W   Y O R K
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    S. 1188                                                  A. 3477

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 27, 2009
                               ___________

IN  SENATE -- Introduced by Sen. PARKER -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Consumer
  Protection

IN ASSEMBLY -- Introduced by M. of A. CAMARA, GOTTFRIED, JAFFEE, MAISEL,
  ROBINSON,  BENJAMIN, COLTON, CLARK, ESPAILLAT, PEOPLES, COOK -- Multi-
  Sponsored by -- M. of A. DIAZ, V. LOPEZ, MAYERSOHN, J. RIVERA, SALADI-
  NO, TITONE, TOWNS, WALKER, WEISENBERG -- read once and referred to the
  Committee on Codes

AN ACT to amend the general business  law,  in  relation  to  a  firearm
  ballistic identification databank

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

  Section 1. Section 396-ff of the general business  law,  as  added  by
chapter 189 of the laws of 2000, is amended to read as follows:
  S 396-ff. [Pistol and revolver] FIREARM ballistic identification data-
bank.  (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
or ammunition therefor for the purpose of sale or distribution.
  (b) "Shell casing" means that part of ammunition capable of being used
in  a  [pistol or revolver] FIREARM that contains the primer and propel-
lant powder to discharge the bullet or projectile.
  (C) "FIREARM" MEANS A PISTOL, REVOLVER, OR ASSAULT WEAPON  AS  DEFINED
IN  SECTION 265.00 OF THE PENAL LAW, RIFLE, OR OTHER LONG-BARRELED WEAP-
ON.
  (2) [On and after March first, two thousand one, any] 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02322-01-9
              

S. 1188                             2                            A. 3477

promulgated  by  the  division of state police, include in the container
with such [pistol or revolver] FIREARM a separate sealed container  that
encloses:
  (a)  a  shell  casing  of  a bullet or projectile discharged from such
[pistol or revolver] FIREARM; and
  (b) any additional information that identifies such [pistol or  revol-
ver] FIREARM and shell casing as required by such rules and regulations.
  (3)  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  (a) return such [pistol or revolver] FIREARM to such manufactur-
er, or (b) 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.
  (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] 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.
  (5) [On and after March first, two thousand  one,  a]  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
sealed  container enclosing the shell casing from such [pistol or revol-
ver] 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.
  (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 to the [pistol or revolver] FIREARM 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, Bureau of
Alcohol, Tobacco and Firearms  to  ensure  compatibility  with  national
ballistic technology.
  (7)  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. 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.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.