S T A T E   O F   N E W   Y O R K
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                                 3244--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by M. of A. SCHIMEL, ENGLEBRIGHT, KAVANAGH, LAVINE, SCARBOR-
  OUGH, TITUS, ABINANTI, WRIGHT, HEASTIE, AUBRY,  McDONALD,  CYMBROWITZ,
  ROSENTHAL,  ROZIC,  KELLNER,  STECK,  DenDEKKER, RAMOS, QUART, CRESPO,
  PEOPLES-STOKES, WEPRIN, BROOK-KRASNY,  MOYA,  CAMARA,  ORTIZ,  LENTOL,
  RODRIGUEZ  --  Multi-Sponsored  by  --  M.  of  A.  ARROYO, BENEDETTO,
  BOYLAND, BRAUNSTEIN, BRENNAN, CLARK,  COLTON,  COOK,  DINOWITZ,  FAHY,
  GLICK,  GOTTFRIED,  HEVESI,  HOOPER,  JACOBS,  JAFFEE, LIFTON, MARKEY,
  McKEVITT,  MOSLEY,  NOLAN,  O'DONNELL,  PAULIN,  PERRY,  PRETLOW,  RA,
  RIVERA,  ROBINSON, WEISENBERG -- read once and referred to the Commit-
  tee on Codes -- recommitted to the Committee on  Codes  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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 2014".
  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  a  revolutionary 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01084-04-4
              

A. 3244--A                          2

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
sold after January 1, 2016 to be microstamp-ready.
  S 3. Section 265.00 of the penal law is  amended  by  adding  two  new
subdivisions 26 and 27 to read as follows:
  26.  "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.
  27.  "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, is guilty of a class D
felony.
  (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
TER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR  DELIVERS
A  SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR MECH-
ANISM OF SUCH PISTOL HAS BEEN DEFACED, IS GUILTY OF A CLASS A  MISDEMEA-
NOR.  FOR  PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMATIC PISTOL
DOES NOT INCLUDE (1) MODIFYING  A  SEMIAUTOMATIC  PISTOL  TO  RENDER  IT
MICROSTAMP-READY  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 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  SIXTEEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS SUCH
PISTOL IS MICROSTAMP-READY; OR
  2. 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 SIXTEEN, 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
INCLUDE  A  REQUIREMENT THAT, AS PART OF THE CERTIFICATION, THE MANUFAC-
TURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL.

A. 3244--A                          3

  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 ONE 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 TWO 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  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,  THAT  THIS  SUBDIVISION  SHALL  NOT APPLY TO
POSSESSION OF  A  SEMIAUTOMATIC  PISTOL  WHERE  THE  DEFACEMENT  ALLEGED
CONSISTS  OF  DEFACING  A  MICROSTAMPING  COMPONENT OR MECHANISM OF SUCH
PISTOL.
  S 7. This act shall take effect January 1, 2016, 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  as defined in subdivision 26 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
later; 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.