S T A T E   O F   N E W   Y O R K
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                                  4025

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of  A.  CAMARA, GOTTFRIED, JAFFEE, MAISEL, ROBINSON,
  COLTON, COOK, CASTRO, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
  V. LOPEZ, MAYERSOHN,  PHEFFER,  J. RIVERA,  SALADINO,  TITONE,  TOWNS,
  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
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

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

A. 4025                             2

  (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.