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

                                  1315

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2015
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, GOTTFRIED, CLARK, ABINANTI -- read
  once and referred to the Committee on Codes

AN ACT to amend the penal law and the state finance law, in relation  to
  establishing  the  municipal  firearm  recovery  program and municipal
  firearm recovery fund

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

  Section  1. The penal law is amended by adding a new section 400.15 to
read as follows:
S 400.15 MUNICIPAL FIREARM RECOVERY PROGRAM.
  1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A) "AGENCY" MEANS LOCAL MUNICIPAL POLICE DEPARTMENTS AND THE DIVISION
OF STATE POLICE.
  (B) "MFRP" MEANS MUNICIPAL FIREARM RECOVERY PROGRAM OR ANY RELATED GUN
BUYBACK  PROGRAM  IMPLEMENTED  BY  MUNICIPAL POLICE DEPARTMENTS OR LOCAL
COMMUNITY ORGANIZERS.
  (C) "GUN  BUYBACK  PROGRAM"  MEANS  ANY  PROGRAM  IN  WHICH  FIREARMS,
MACHINE-GUNS OR AMMUNITION ARE PURCHASED BY OR SURRENDERED TO THE SUPER-
INTENDENT OF THE DIVISION OF STATE POLICE OR A MEMBER THEREOF DESIGNATED
BY  SUCH  SUPERINTENDENT,  OR TO A COUNTY SHERIFF, OR IN THE COUNTIES OF
NASSAU AND SUFFOLK TO THE COMMISSIONER OF POLICE  OR  A  MEMBER  OF  THE
POLICE  DEPARTMENT  THEREOF  DESIGNATED  BY SUCH COMMISSIONER, OR TO THE
POLICE COMMISSIONER OR HEAD OF THE POLICE FORCE  OR  DEPARTMENT  OF  ANY
CITY, TOWN OTHER THAN ONE NAMED IN THIS PARAGRAPH, OR VILLAGE THEREOF OR
TO  A  MEMBER OF THE FORCE OR DEPARTMENT DESIGNATED BY SUCH COMMISSIONER
OR HEAD.
  (D) "FIREARM" MEANS ANY FIREARM AS DEFINED  IN  SUBDIVISION  THREE  OF
SECTION 265.00 OF THIS CHAPTER AND IS IN GOOD WORKING ORDER.
  (E) "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF THE DIVISION OF STATE
POLICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04243-01-5
              

A. 1315                             2

  (F) "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT OF STATE.
  (G)  "ACTIVE  LAW  ENFORCEMENT  OFFICER"  MEANS  ANY  MEMBER CURRENTLY
EMPLOYED IN LAW ENFORCEMENT OR WHO IS AUTHORIZED TO CARRY A  FIREARM  IN
THE COURSE OF HIS OR HER EMPLOYMENT.
  2.  THE  MUNICIPAL  FIREARM RECOVERY PROGRAM ("MFRP") IS HEREBY ESTAB-
LISHED AND SHALL BE IMPLEMENTED BY THE AGENCIES AS FUNDS  ARE  ALLOCATED
THROUGH  THE  MUNICIPAL  FIREARM RECOVERY FUND ESTABLISHED UNDER SECTION
NINETY-SEVEN-CC OF THE STATE FINANCE LAW. THE AGENCY SHALL:
  (A) IN COORDINATION WITH THE COMMUNITY GROUPS WITHIN ITS JURISDICTION,
SELECT A LOCATION SITE FOR PURPOSES OF IMPLEMENTING A MFRP; AND
  (B) DESIGNATE DATES AND TIMES  WHEN  A  PARTICIPATING  INDIVIDUAL  MAY
SURRENDER  A  FIREARM  AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
THIS SECTION AND SUBDIVISION THREE OF SECTION 265.00 OF THIS CHAPTER  IN
EXCHANGE  FOR  FUNDS  OF  A PREDETERMINED VALUE ON A GIFT CERTIFICATE OR
COUPON OF EQUAL VALUE AS DETERMINED BY  THE  AGENCY.  THE  PARTICIPATING
AGENCY  SHALL  DETERMINE  THE  AMOUNTS  TO BE EXCHANGED FOR EACH FIREARM
SURRENDERED. THE GUN BUYBACK PROGRAM SHALL EXIST FOR  NOT  MORE  THAN  A
SIXTY-DAY  PERIOD  IN  ANY  CALENDAR YEAR OR SHALL EXIST UNTIL THE FUNDS
ACQUIRED OR RECEIVED FOR THE PURCHASE OF THE FIREARM ARE EXHAUSTED.
  3. THE DIVISION OF STATE POLICE, IN CONJUNCTION WITH THE DEPARTMENT OF
STATE SHALL ADMINISTER THIS PROGRAM AND PROMULGATE RULES AND REGULATIONS
FOR THE IMPLEMENTATION OF THIS PROGRAM. SUCH RULES  SHALL  INCLUDE,  BUT
NOT BE LIMITED TO:
  (A) THE MANNER IN WHICH THE FUNDS WILL BE ALLOCATED AND DISTRIBUTED;
  (B)  PROVIDE GUIDELINES FOR THE SAFE STORAGE AND DISPOSAL OF RECOVERED
WEAPONS IN THE POSSESSION OF THE PARTICIPATING AGENCY. FOR  PURPOSES  OF
THIS  SECTION,  "DISPOSAL"  SHALL  ONLY  INCLUDE  THE DESTRUCTION OF THE
FIREARMS, EXCEPT THAT, A STOLEN WEAPON SHALL BE RETURNED TO ITS RIGHTFUL
OWNER ON PROOF OF OWNERSHIP, UNLESS THE LAWFUL OWNER OF THE  FIREARM  IS
INELIGIBLE  TO POSSESS A FIREARM UNDER APPLICABLE STATE LAWS, THE ENTITY
OPERATING THE GUN BUYBACK PROGRAM SHALL DESTROY THE FIREARM  IN  COMPLI-
ANCE  WITH  THIS SECTION.  HOWEVER, IF IT IS DETERMINED THAT THE FIREARM
WAS USED IN A CRIME AFTER A REVIEW UNDER PARAGRAPH (D) OF THIS  SUBDIVI-
SION, IT SHALL BE RETAINED FOR EVIDENCE;
  (C)  PROHIBIT ACTIVE LAW ENFORCEMENT OFFICERS, AS DEFINED IN PARAGRAPH
(G) OF SUBDIVISION ONE OF  THIS  SECTION,  FROM  PARTICIPATING  IN  SUCH
PROGRAM;
  (D)  REQUIRE  THAT THE SERIAL NUMBER OF EVERY FIREARM OBTAINED BY SUCH
GUN BUYBACK PROGRAM IS CHECKED AGAINST THE  NEW  YORK  STATEWIDE  POLICE
INFORMATION NETWORK (NYSPIN) RECORDS; AND
  (E)  PROMULGATE  RULES  AND  REGULATIONS NECESSARY TO SUCCESSFULLY RUN
SUCH A PROGRAM.
  4. ANY INDIVIDUAL WHO ELECTS TO SURRENDER A FIREARM ANONYMOUSLY  TO  A
MFRP  MAY DO SO AND PERSONAL IDENTIFICATION SHALL ONLY BE REQUIRED TO BE
PRESENTED FOR PROOF OF RESIDENCY.
  5. ANY PERSON PARTICIPATING IN A MFRP SHALL BE  IMMUNE  FROM  CRIMINAL
PROSECUTION  FOR  THE  CRIMINAL OFFENSES ESTABLISHED BY SECTIONS 265.01,
265.02, 265.03, AND 265.05 OF THIS CHAPTER, PROVIDED THE PERSON  IS,  IN
GOOD  FAITH,  ON  AN  IMMEDIATE,  DIRECT ROUTE TO THE PREDETERMINED MFRP
SITE.
  S 2. The state finance law is amended by adding a new section 97-cc to
read as follows:
  S 97-CC. MUNICIPAL FIREARM RECOVERY FUND. 1. THERE  IS  HEREBY  ESTAB-
LISHED,  IN  THE JOINT CUSTODY OF THE SUPERINTENDENT OF STATE POLICE AND
THE SECRETARY OF STATE A FUND TO  BE  KNOWN  AS  THE  MUNICIPAL  FIREARM
RECOVERY FUND.

A. 1315                             3

  2.  THE  SUPERINTENDENT  AND  THE SECRETARY SHALL PROMULGATE RULES AND
REGULATIONS FOR THE IMPLEMENTATION AND DISTRIBUTION  OF  THIS  FUND  AND
SHALL  SEEK MONIES FROM THE GENERAL FUND TO ASSIST MUNICIPALITIES IN THE
FIREARM RECOVERY PROGRAM ESTABLISHED UNDER SECTION 400.15 OF  THE  PENAL
LAW.
  3.  ADDITIONAL  FUNDING  MAY  BE  ACQUIRED  BY  MUNICIPALITIES THROUGH
DONATIONS FROM PRIVATE BUSINESSES, CHARITIES AND INDIVIDUALS AND MAY  BE
ACQUIRED FROM THE MUNICIPALITY'S ASSETS, SEIZURES AND FORFEITURE FUND IF
THE MUNICIPALITY POSSESSES SUCH FUND.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to  be  made  and
completed on or before such effective date.