NY State Senate Bill 2011-S1467

Senate Bill S1467

2011-2012 Legislative Session

Increase the types of firearms that are to be included in the firearm ballistic identification database

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Archive: Last Bill Status - In Senate Committee Consumer Protection 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 04, 2012	referred to consumer protection
Jan 07, 2011	referred to consumer protection

co-Sponsors

2011-S1467 (ACTIVE) - Details

See Assembly Version of this Bill:: A4025
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §396-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1188, A3477
2013-2014: S1572
2015-2016: S2573
2017-2018: S2190
2019-2020: S5019
2021-2022: S5426
2023-2024: S6831

2011-S1467 (ACTIVE) - Summary

Increases the types of firearms that are to be included in the firearm ballistic identification database.

2011-S1467 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1467

TITLE OF BILL:
An act
to amend the general business law, in relation to a firearm ballistic
identification databank

PURPOSE:
This bill would increase the types of firearms that are to be
included in the firearm ballistic identification database.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 396-ff of the general business
law to require that assault weapons, rifles and other long-barreled
weapons be included in the state's ballistics identification databank.

Section 2 makes the effective date of the act the sixtieth day after
it becomes law.

EXISTING LAW:
Current law only requires that pistols and revolvers be included in
the ballistics fingerprint database.

JUSTIFICATION:
Every gun leaves behind a unique pattern or distinctive fingerprint
which is imparted onto any bullet or casing discharged from the weapon.

When a gun crime is perpetrated using a gun purchased in New York
state, these unique ballistics patterns can be used to track down
and identify the owner of the weapon and increase the chances of law
enforcement authorities being led to the shooter when property
preserved and stored in the state's ballistics fingerprint database.
Although New York is one of only two states to require the
maintenance of a statewide ballistics fingerprint database, current
law only mandates that the database include shell casing data for
recently manufactured pistols and revolvers, not for assault weapons,
rifles or other long-barreled weapons.
This omission leaves a major void in the ballistics data base and,
consequently, in the ability of law enforcement ability to track down
and apprehend perpetrators who use either assault weapons, rifles or
other long-barreled weapons in the commission of their crimes. Had
the 2002 Washington, D.C. sniper attacks occurred in New York, local
authorities would have been powerless under current law to identify
the weapon or its owner, in spite of the existence of New York's
statewide ballistics database. The heinous acts of the DC area
sniper, plus the fact that rifles and shotguns are fast becoming
criminal weapons of choice, all underscore the need for New York's
current ballistics data base law
to become more expansive and inclusive in the types of firearms that
it covers. Because of the unfortunate reality of the accessibility of
various deadly firearms and their frequent involvement in the
commission of violent criminal acts, it would be a gross and glaring
oversight not to amend the current law to require the inclusion of as
many of these different types of deadly firearms as possible into the
state's ballistics finger-print database. Ammunition is often the
sole evidence left behind at a crime scene which links directly to
the perpetrator; if law enforcement continues to be deprived of the


available technology and means to harness and use this evidence, the
safety of all our communities will continue to be compromised. There
are countless firearms currently being purchased in our state and
nation every day, and law enforcement authorities must be equipped to
track down these weapons in the event they are used in. the
commission of a crime. By expanding New York's ballistic
fingerprinting law to include assault weapons, rifles and other
long-barreled weapons, the Legislature will be implementing a
much-needed and effective measure to close a glaring and dangerous
loophole. It is incumbent upon the Legislature and the
Governor to give law enforcement the best tools possible to continue
the fight against crime and terrorism.

LEGISLATIVE HISTORY:
2009-10: S.1188/A.3477 - Held for Consideration in Codes
2008-09: Referred to Codes
2007-08: Referred to Codes

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2011-S1467 (ACTIVE) - Bill Text download pdf

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

                                  1467

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  PARKER -- 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,  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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01754-01-1

S. 1467                             2

  (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.

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Senate Bill S1467

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Sponsored By

Kevin S. Parker