NY State Senate Bill 2013-S1572A

Senate Bill S1572A

2013-2014 Legislative Session

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

download bill text pdf

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 29, 2014	print number 1572a
Jan 29, 2014	amend and recommit to consumer protection
Jan 08, 2014	referred to consumer protection
Jan 09, 2013	referred to consumer protection

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S1572 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1188
2011-2012: S1467
2015-2016: S2573
2017-2018: S2190
2019-2020: S5019
2021-2022: S5426
2023-2024: S6831

2013-S1572 - Summary

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

2013-S1572 - Sponsor Memo

                                BILL NUMBER:S1572

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:
2011-12: S.1497/A.4025 - Referred to Consumer Protection
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.

2013-S1572 - Bill Text download pdf

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

                                  1572

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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. The general business law is amended by adding a new section
396-ff to read as follows:
  S 396-FF. FIREARM  BALLISTIC  IDENTIFICATION  DATABANK.  (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 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 FIREARM THAT CONTAINS THE PRIMER AND PROPELLANT 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)  ANY  MANUFACTURER THAT SHIPS, TRANSPORTS OR DELIVERS A 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 FIREARM A SEPARATE SEALED CONTAINER THAT ENCLOSES:
  (A)  A  SHELL  CASING  OF  A BULLET OR PROJECTILE DISCHARGED FROM SUCH
FIREARM; AND
  (B) ANY ADDITIONAL INFORMATION THAT IDENTIFIES SUCH 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.
                                                           LBD06234-01-3

S. 1572                             2

  (3)  A  GUNSMITH  OR  DEALER IN FIREARMS LICENSED IN THIS STATE SHALL,
WITHIN TEN DAYS OF THE RECEIPT OF ANY FIREARM FROM A  MANUFACTURER  THAT
FAILS  TO  COMPLY WITH THE PROVISIONS OF THIS SECTION, EITHER (A) RETURN
SUCH FIREARM TO SUCH MANUFACTURER, 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 THIRTEEN, PROMULGATE RULES AND REGULATIONS FOR  THE  OPERA-
TION  OF  A  PROGRAM  WHICH  PROVIDES A GUNSMITH OR A DEALER IN FIREARMS
LICENSED IN THIS STATE WITH A SEALED CONTAINER ENCLOSING THE ITEMS SPEC-
IFIED IN SUBDIVISION TWO OF THIS SECTION. THE PROGRAM SHALL AT  A  MINI-
MUM:
  (A) BE OPERATIONAL BY JANUARY FIRST, TWO THOUSAND FOURTEEN;
  (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 FIREARM TO THE REGIONAL PROGRAM LOCATION CLOSEST TO HIS OR  HER  PLACE
OF BUSINESS FOR TESTING AND PROMPT RETURN OF SUCH FIREARM.
  (5)  A  GUNSMITH  OR  DEALER IN FIREARMS LICENSED IN THIS STATE SHALL,
WITHIN TEN DAYS OF DELIVERING TO ANY PERSON A FIREARM RECEIVED  BY  SUCH
GUNSMITH OR DEALER IN FIREARMS, 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  ENCLOS-
ING  THE  SHELL  CASING  FROM  SUCH FIREARM EITHER (A) RECEIVED FROM THE
MANUFACTURER, OR (B) OBTAINED THROUGH PARTICIPATION IN THE PROGRAM OPER-
ATED 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 FIREARM FROM WHICH IT WAS DISCHARGED.  THE AUTO-
MATED ELECTRONIC DATABANK WILL BE OPERATED AND MAINTAINED BY  THE  DIVI-
SION  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 JUSTICE, BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES 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.

co-Sponsors

2013-S1572A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1188
2011-2012: S1467
2015-2016: S2573
2017-2018: S2190
2019-2020: S5019
2021-2022: S5426
2023-2024: S6831

2013-S1572A (ACTIVE) - Summary

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

2013-S1572A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1572A

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
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: 2011-12: S.1497/A.4025 - Referred to Consumer
Protection 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.

2013-S1572A (ACTIVE) - Bill Text download pdf

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

                                 1572--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PARKER, AVELLA -- read twice and ordered printed,
  and when  printed  to  be  committed  to  the  Committee  on  Consumer
  Protection  --  recommitted to the Committee on Consumer Protection in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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. The general business law is amended by adding a new section
396-ff to read as follows:
  S 396-FF. FIREARM  BALLISTIC  IDENTIFICATION  DATABANK.  (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 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 FIREARM THAT CONTAINS THE PRIMER AND PROPELLANT 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)  ANY  MANUFACTURER THAT SHIPS, TRANSPORTS OR DELIVERS A 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 FIREARM A SEPARATE SEALED CONTAINER THAT ENCLOSES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06234-02-4

S. 1572--A                          2

  (A)  A  SHELL  CASING  OF  A BULLET OR PROJECTILE DISCHARGED FROM SUCH
FIREARM; AND
  (B)  ANY ADDITIONAL INFORMATION THAT IDENTIFIES SUCH 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 FIREARM FROM A MANUFACTURER THAT
FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION, EITHER  (A)  RETURN
SUCH  FIREARM  TO SUCH MANUFACTURER, 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  FOURTEEN, PROMULGATE RULES AND REGULATIONS FOR THE OPERA-
TION OF A PROGRAM WHICH PROVIDES A GUNSMITH  OR  A  DEALER  IN  FIREARMS
LICENSED IN THIS STATE WITH A SEALED CONTAINER ENCLOSING THE ITEMS SPEC-
IFIED  IN  SUBDIVISION TWO OF THIS SECTION. THE PROGRAM SHALL AT A MINI-
MUM:
  (A) BE OPERATIONAL BY JANUARY FIRST, TWO THOUSAND FIFTEEN;
  (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  FIREARM  TO THE REGIONAL PROGRAM LOCATION CLOSEST TO HIS OR HER PLACE
OF BUSINESS FOR TESTING AND PROMPT RETURN OF SUCH FIREARM.
  (5) A GUNSMITH OR DEALER IN FIREARMS LICENSED  IN  THIS  STATE  SHALL,
WITHIN  TEN  DAYS OF DELIVERING TO ANY PERSON A FIREARM RECEIVED BY SUCH
GUNSMITH OR DEALER IN FIREARMS, 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 ENCLOS-
ING THE SHELL CASING FROM SUCH FIREARM  EITHER  (A)  RECEIVED  FROM  THE
MANUFACTURER, OR (B) OBTAINED THROUGH PARTICIPATION IN THE PROGRAM OPER-
ATED 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 FIREARM FROM WHICH IT WAS DISCHARGED.  THE AUTO-
MATED  ELECTRONIC  DATABANK WILL BE OPERATED AND MAINTAINED BY THE DIVI-
SION 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 JUSTICE,  BUREAU  OF  ALCOHOL,  TOBACCO,
FIREARMS  AND EXPLOSIVES 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 S1572A

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

co-Sponsors

Tony Avella

2013-S1572 - Details

2013-S1572 - Summary

2013-S1572 - Sponsor Memo

2013-S1572 - Bill Text download pdf

co-Sponsors

Tony Avella

2013-S1572A (ACTIVE) - Details

2013-S1572A (ACTIVE) - Summary

2013-S1572A (ACTIVE) - Sponsor Memo

2013-S1572A (ACTIVE) - Bill Text download pdf

Comments