NY State Senate Bill 2017-S470A

Senate Bill S470A

2017-2018 Legislative Session

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition

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Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2018	print number 470a
Feb 28, 2018	amend and recommit to codes
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S470 - Details

See Assembly Version of this Bill:: A5826
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6005, A6468
2011-2012: S675, A1157
2013-2014: S68, A3244
2015-2016: S1113, A6192
2019-2020: S2277, A1251
2021-2022: S4116, A7926

2017-S470 - Summary

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; establishes fines for violations of this requirement and provides for an affirmative defense if the dealer had a certification from the manufacturer.

2017-S470 - Sponsor Memo

                                 BILL NUMBER:  S470

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

Requires all semiautomatic pistols manufactured on or after January 1,
2019 to be capable of producing a unique alpha-numeric or geometric
code on at least two locations on each cartridge case expended from
such pistol which can identify the make, model and serial number of
the pistol.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 contains the short title of the act, the "Crime Gun
Identification Act of 2017."

Section 2 of the bill contains the Legislative Findings and Intent.

Section 3 of the bill adds two new subdivisions 24 and 25 to section
265.00 of the penal law to define the terms "microstamp-ready" and
"microstamping component or mechanism."

Section 4 of the bill amends subdivision 6 of section 265.10 of the
penal law to clarify that the existing class D felony offense of
defacing a firearm includes the defacement of a microstamping
component or mechanism of a semiautomatic pistol. This section also
creates a new class A misdemeanor offense when a dealer in firearms
sells, offers for sale, exchanges, gives, transfers or delivers a
semiautomatic pistol knowing that the microstamping component or
mechanism of such pistol has been defaced. Section 6 expressly
excludes from defacing a semiautomatic pistol (1) modifications made
to such pistol to render it microstamp ready, or (2) replacing a
firing pin of a micro-stamp ready semiautomatic pistol when the pin is
damaged or in need of replacement for the safe use of the pistol, or
replacing such pin for a legitimate sporting purpose.

Section 5 of the bill adds two new sections 265.38 and 265.39 to the
penal law. Section 265.38 would prohibit (1) the sale, offer for sale,
exchange, giving, transfer or delivery of a semiautomatic pistol
manufactured after January 1, 2018 by a dealer in firearms to any
person other than a dealer in firearms, unless such pistol is
micro-stamp ready and (2) any manufacturer or wholesale dealer from
delivering a semiautomatic pistol manufactured after January 1, 2018
to any person in this state, unless the pistol is certified by the
manufacturer as micro-stamp ready in accordance with rules and
regulations promulgated by the division of state police. A violation
of Section 265.38 is a class B misdemeanor; a second or subsequent
violation of any of these provisions is a class A misdemeanor.

Section 265.39 provides dealers in firearms charged under subdivision
2 of section 265.38 with an affirmative defense. The affirmative
defense is available to those dealers who, at the time of the sale,
offer for sale, exchange, giving, transfer or delivery of a
semi-automatic pistol manufactured after January 1, 2018, are in
possession of the manufacturer's certification that such pistol is
microstamp-ready, or an exact copy of such certification.

Section 6 of the bill amends subdivision 5 of section 265.15 of the
penal law to make the presumption that applies to possession of
defaced guns inapplicable to semi-automatic pistols where the sole

defacement consists of defacing a microstamping component or mechanism
of such pistol.

Section 7 of the bill contains the effective date.

 JUSTIFICATION :

Microstamping technology utilizes lasers to make precise, microscopic
engravings on the internal mechanisms of a gun, such as the breech
face and firing pin. As the gun is fired, information identifying the
make, model and serial number of the gun can be stamped onto the
cartridge as numbers and letters. The technology is designed to aid
law enforcement officials investigating homicides and other crimes by
allowing them to trace firearms to their original purchasers through
cartridge cases found at crime scenes.

Microstamping represents a significant advancement over existing
ballistic identification technology. Because the technology of
microstamping imprints the identifying characteristics of a firearm
onto every cartridge ejected from the gun, investigators need only
recover the cartridges at a crime scene to be able to identify the
actual crime gun. Current ballistics identification technology is much
more limited. While it can be used to compare ballistic evidence
recovered at crime scenes, it cannot lead investigators directly to a
specific firearm that produced the ballistic fingerprint, unless that
firearm is recovered.

On October 13, 2007, California Governor Arnold Schwarzenegger signed
into law the "Crime Gun Identification Act of 2007, "mandating
manufacturer "microstamping" of all new models of semiautomatic
handgun models sold in California starting in 2010. Numerous other
states are also considering microstamping legislation.

 PRIOR LEGISLATIVE HISTORY :

2015-2016 S1113A
2013-14: S. 68-A
2011-12: S. 675-C
2009: S.4397-A Referred to Codes
2008: S.8541 Referred to Rules

 FISCAL IMPLICATIONS :

This legislation will not impose new costs on the State of New York.
No new database is required; The certification process contained in
the bill is entirely industry based. Manufacturers will incur minimal
costs to adopt the new technology.

 EFFECTIVE DATE :
The act would take effect January 1, 2019, or at such time that the
division of state police receive written notice from a microstamp job
shop that such shop can produce microstamp structures on two internal
surfaces of a semiautomatic pistol for a price of twelve dollars or
less at a production level of one thousand semiautomatic pistols per
batch, whichever occurs later. The division of state police is
authorized to promulgate necessary rules and regulations upon passage
of the act.

2017-S470 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    470
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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 2017".
   §  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
 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

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

                                                            LBD00042-01-7

 S. 470                              2
 
 legislative action is necessary to require all new semiautomatic pistols
 sold after January 1, 2019 to be microstamp-ready.
   §  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.
   § 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.
   § 5. The penal law is amended by adding two new  sections  265.38  and
 265.39 to read as follows:
 § 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 NINETEEN 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 NINETEEN, UNLESS THE MANUFACTUR-
 ER 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 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.
 § 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

 S. 470                              3
 
 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.
   § 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.
   § 7. This act shall take effect January 1, 2019, 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.

co-Sponsors

2017-S470A (ACTIVE) - Details

See Assembly Version of this Bill:: A5826
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6005, A6468
2011-2012: S675, A1157
2013-2014: S68, A3244
2015-2016: S1113, A6192
2019-2020: S2277, A1251
2021-2022: S4116, A7926

2017-S470A (ACTIVE) - Summary

2017-S470A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S470A

SPONSOR: PERALTA
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires all semiautomatic pistols manufactured on or after January 1,
2020 to be capable of producing a unique alphanumeric or geometric code
on at least two locations on each cartridge case expended from such
pistol which can identify the make, model and serial number of the
pistol.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 contains the short title of the act, the "Crime Gun Identifi-
cation Act of 2018."

Section 2 of the bill contains the Legislative findings and intent.

Section 3 of the bill adds two new subdivisions 24 and 25 to section
265.00 of the penal law to define the terms "microstamp-ready" and
"microstamping component or mechanism."

Section 4 of the bill amends subdivision 6 of section 265.10 of the
penal law to clarify that the existing class D felony offense of defac-
ing a firearm includes the defacement of a microstamping component or
mechanism of a semiautomatic pistol. This section also creates a new
class A misdemeanor offense when a dealer in firearms sells, offers for
sale, exchanges, gives, transfers or delivers a semiautomatic pistol
knowing that the microstamping component or mechanism of such pistol has
been defaced. Section 6 expressly excludes from defacing a semiautomatic
pistol (1) modifications made to such pistol to render it microstamp-
ready, or (2) replacing a firing pin of a microstamp-ready semiautomatic
pistol when the pin is damaged or in need of replacement for the safe
use of the pistol, or replacing such pin for a legitimate sporting
purpose.

Section 5 of the bill adds two new sections 265.38 and 265.39 to the
penal law. Section 265.38 would prohibit (1) the sale, offer for sale,
exchange, giving, transfer or delivery of a semiautomatic pistol manu-
factured after January 1, 2020, by a dealer in firearms to any person
other than a dealer in firearms, unless such pistol is micro-stamp ready
and (2) any manufacturer or wholesale dealer from delivering a semiauto-
matic pistol manufactured after January 1, 2020 to any person in this
state, unless the pistol is certified by the manufacturer as micro-stamp
ready in accordance with rules and regulations promulgated by the divi-
sion of state police. A violation of Section 265.38 is a class B misde-
meanor; a second or subsequent violation of any of these provisions is a
class A misdemeanor.

Section 265.39 provides dealers in firearms charged under subdivision 2
of section 265.38 with an affirmative defense. The affirmative defense
is available to those dealers who, at the time of the sale, offer for
sale, exchange, giving, transfer or delivery of a semi-automatic pistol
manufactured after January 1, 2020, are in possession of the manufactur-
er's certification that such pistol is microstamp-ready, or an exact
copy of such certification.

Section 6 of the bill amends subdivision 5 of section 265.15 of the
penal law to make the presumption that applies to possession of defaced
guns inapplicable to semi-automatic pistols where the sole defacement
consists of defacing a microstamping component or mechanism of such
pistol.

Section 7 of the bill contains the effective date.

 
JUSTIFICATION:

Microstamping technology utilizes lasers to make precise, microscopic
engravings on the internal mechanisms of a gun, such as the breech face
and firing pin. As the gun is fired, information identifying the make,
model and serial number of the gun can be stamped onto the cartridge as
numbers and letters. The technology is designed to aid law enforcement
officials investigating homicides and other crimes by allowing them to
trace firearms to their original purchasers through cartridge cases
found at crime scenes.

Microstamping represents a significant advancement over existing ballis-
tic identification technology. Because the technology of microstamping
imprints the identifying characteristics of a firearm onto every
cartridge ejected from the gun, investigators need only recover the
cartridges at a crime scene to be able to identify the actual crime gun.
Current ballistics identification technology is much more limited. While
it can be used to compare ballistic evidence recovered at crime scenes,
it cannot lead investigators directly to a specific firearm that
produced the ballistic fingerprint, unless that firearm is recovered.

On October 13, 2007, California Governor Arnold Schwarzenegger signed
into law the "Crime Gun Identification Act of 2007, "mandating manufac-
turer "microstamping" of all new models of semiautomatic handgun models
sold in California starting in 2010. Numerous other states are also
considering microstamping legislation.

 
PRIOR LEGISLATIVE HISTORY:

2015-16: S1113A
2013-14: S68A
2011-12: S675C
2010: S6005A
2009: S4397A
2008: S8541

 
FISCAL IMPLICATIONS:

This legislation will not impose new costs on the State of New York.  No
new database is required; the certification process contained in the
bill is entirely industry-based. Manufacturers will incur minimal costs
to adopt the new technology.

 
EFFECTIVE DATE:
The act would take effect January 1, 2020, or at such time that the
division of state police receive written notice from a microstamp job
shop that such shop can produce microstamp structures on two internal
surfaces of a semiautomatic pistol for a price of twelve dollars or less
at a production level of one thousand semiautomatic pistols per batch,
whichever occurs later. The division of state police is authorized to
promulgate necessary rules and regulations upon passage of the act.

2017-S470A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  470--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. PERALTA, AVELLA, HOYLMAN, KRUEGER -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes  --  recommitted  to  the  Committee on Codes in accordance with
   Senate Rule 6, sec. 8 -- 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 2018".
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00042-05-8

 S. 470--A                           2
 
 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, 2020 to be microstamp-ready.
   §  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.
   § 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.
   § 5. The penal law is amended by adding two new  sections  265.38  and
 265.39 to read as follows:
 § 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 TWENTY 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 TWENTY, 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 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.
 § 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.

 S. 470--A                           3
 
   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.
   § 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.
   § 7. This act shall take effect January 1, 2020, 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.

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Senate Bill S470A

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Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

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2017-S470 - Details

2017-S470 - Summary

2017-S470 - Sponsor Memo

2017-S470 - Bill Text download pdf

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2017-S470A (ACTIVE) - Details

2017-S470A (ACTIVE) - Summary

2017-S470A (ACTIVE) - Sponsor Memo

2017-S470A (ACTIVE) - Bill Text download pdf

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