S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3152
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to the assembly of  firearms;
   and to amend the state finance law, in relation to the creation of the
   dealers'  record  of  sale  account and the gun violence family relief
   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:
 § 400.15 ASSEMBLY OF FIREARMS.
   1. AS USED IN THIS SECTION, "MANUFACTURING" OR "ASSEMBLING" A  FIREARM
 MEANS TO FABRICATE OR CONSTRUCT A FIREARM, OR TO FIT TOGETHER THE COMPO-
 NENT PARTS OF A FIREARM TO CONSTRUCT A FIREARM.
   2.  (A)  A  PERSON  SHALL  APPLY TO THE DIVISION OF STATE POLICE FOR A
 UNIQUE SERIAL NUMBER OR OTHER MARK OF IDENTIFICATION PURSUANT TO  SUBDI-
 VISION  THREE  OF  THIS  SECTION  PRIOR TO MANUFACTURING OR ASSEMBLING A
 FIREARM.
   (B) WITHIN ONE DAY OF MANUFACTURING  OR  ASSEMBLING  A  FIREARM,  SUCH
 PERSON  SHALL  ENGRAVE  OR PERMANENTLY AFFIX THE UNIQUE SERIAL NUMBER OR
 OTHER MARK OF IDENTIFICATION PROVIDED BY THE DIVISION OF STATE POLICE TO
 SUCH FIREARM IN A MANNER THAT MEETS OR EXCEEDS THE REQUIREMENTS  IMPOSED
 ON LICENSED IMPORTERS AND LICENSED MANUFACTURERS OF FIREARMS PURSUANT TO
 SUBSECTION (I) OF SECTION NINE HUNDRED TWENTY-THREE OF TITLE EIGHTEEN OF
 THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THERETO.
   (C)  AFTER  THE SERIAL NUMBER PROVIDED BY THE DIVISION OF STATE POLICE
 IS ENGRAVED OR OTHERWISE PERMANENTLY AFFIXED TO THE FIREARM, SUCH PERSON
 SHALL NOTIFY THE DIVISION OF THAT FACT IN A MANNER  AND  WITHIN  A  TIME
 PERIOD  SPECIFIED  BY  THE DIVISION OF STATE POLICE, AND WITH SUFFICIENT
 INFORMATION TO IDENTIFY THE OWNER OF  THE  FIREARM,  THE  UNIQUE  SERIAL
 NUMBER  OR  MARK  OF  IDENTIFICATION  PROVIDED  BY THE DIVISION OF STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06269-01-9

 A. 3152                             2
 
 POLICE, AND THE FIREARM IN A MANNER PRESCRIBED BY THE DIVISION OF  STATE
 POLICE.
   3.  (A)  THE  DIVISION OF STATE POLICE SHALL ACCEPT APPLICATIONS FROM,
 AND SHALL GRANT APPLICATIONS IN THE FORM OF SERIAL  NUMBERS  TO  PERSONS
 WHO WISH TO MANUFACTURE OR ASSEMBLE FIREARMS PURSUANT TO SUBDIVISION TWO
 OF  THIS  SECTION. SUCH APPLICATION SHALL BE PROMULGATED BY THE DIVISION
 OF STATE POLICE.
   (B) AN APPLICATION MADE PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION
 SHALL  ONLY BE GRANTED BY THE DIVISION OF STATE POLICE IF SUCH APPLICANT
 MEETS THE FOLLOWING CRITERIA:
   (I) BE EIGHTEEN YEARS OF AGE OR OLDER;
   (II) PASS A NATIONAL INSTANT CRIMINAL  BACKGROUND  CHECK  AND  NOT  BE
 OTHERWISE  PROHIBITED  FROM  POSSESSING  A  FIREARM BY FEDERAL, STATE OR
 LOCAL LAW;
   (III) HAVE A VALID LICENSE ISSUED PURSUANT TO SECTION 400.00  OF  THIS
 ARTICLE; AND
   (IV)  PROVIDE  PROOF  IN  A MANNER PRESCRIBED BY THE DIVISION OF STATE
 POLICE THAT THE MANUFACTURE OR ASSEMBLY OF THE  FIREARM  FOR  WHICH  THE
 APPLICATION  IS SUBMITTED IS IN COMPLIANCE WITH FEDERAL, STATE AND LOCAL
 LAWS AND REGULATIONS.
   (C) THE DIVISION OF STATE  POLICE  SHALL  INFORM  APPLICANTS  WHO  ARE
 DENIED  AN  APPLICATION  OF THE REASONS FOR THE DENIAL IN WRITING WITHIN
 FIFTEEN DAYS OF SUCH DENIAL.
   4. THE DIVISION OF STATE POLICE SHALL KEEP A RECORD OF ALL PERSONS WHO
 RECEIVE A UNIQUE SERIAL NUMBER OR OTHER  MARK  PURSUANT  TO  SUBDIVISION
 THREE  OF  THIS  SECTION AND THE INFORMATION SUBMITTED PURSUANT TO PARA-
 GRAPH (C) OF SUBDIVISION TWO OF THIS SECTION IN  THE  STATEWIDE  LICENSE
 AND RECORD DATABASE CREATED AND MAINTAINED PURSUANT TO SECTION 400.02 OF
 THIS ARTICLE.
   5.  THE  DIVISION  OF  STATE  POLICE MAY CHARGE A FEE OF THREE HUNDRED
 FIFTY DOLLARS FOR PROCESSING APPLICATIONS AND ASSIGNING  SERIAL  NUMBERS
 PURSUANT  TO  SUBDIVISION THREE OF THIS SECTION. SEVENTY PERCENT OF SUCH
 FEE SHALL BE DEPOSITED IN THE DEALERS' RECORD  OF  SALE  ACCOUNT  ESTAB-
 LISHED  PURSUANT  TO  SECTION NINETY-FOUR-C OF THE STATE FINANCE LAW AND
 THIRTY PERCENT OF SUCH FEE SHALL BE DEPOSITED IN THE GUN VIOLENCE FAMILY
 RELIEF FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-FF OF THE  STATE
 FINANCE LAW.
   6.  (A) THE SALE OR TRANSFER OF OWNERSHIP OF A FIREARM MANUFACTURED OR
 ASSEMBLED PURSUANT TO THIS SECTION IS PROHIBITED.
   (B) NO PERSON SHALL KNOWINGLY ALLOW, FACILITATE, AID OR ABET THE MANU-
 FACTURE OR ASSEMBLY OF A FIREARM PURSUANT TO THIS SECTION  BY  A  PERSON
 WHO  IS  PROHIBITED FROM POSSESSING A FIREARM PURSUANT TO FEDERAL, STATE
 OR LOCAL LAW.
   7. (A) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHA-
 BLE BY IMPRISONMENT NOT TO EXCEED SIX MONTHS, OR BY A FINE NOT TO EXCEED
 ONE THOUSAND DOLLARS, OR BY BOTH, UNLESS SUCH MANUFACTURED OR  ASSEMBLED
 FIREARM  IS  AN  ASSAULT  WEAPON AS DEFINED IN SUBDIVISION TWENTY-TWO OF
 SECTION 265.00 OF THIS CHAPTER.
   (B) A VIOLATION OF THE PROVISIONS OF THIS SECTION INVOLVING AN ASSAULT
 WEAPON, AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 265.00  OF  THIS
 CHAPTER,  SHALL BE PUNISHABLE BY IMPRISONMENT NOT TO EXCEED ONE YEAR, OR
 BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH.
   8. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL PROMULGATE
 RULES AND REGULATIONS NECESSARY TO ADMINISTER THIS SECTION.

 A. 3152                             3
 
   9. THIS SECTION SHALL NOT APPLY TO A FIREARM THAT HAS A SERIAL  NUMBER
 ASSIGNED  TO  IT  PURSUANT TO CHAPTER FIFTY-THREE OF TITLE TWENTY-SIX OF
 THE UNITED STATES CODE AND THE REGULATIONS ISSUED PURSUANT THERETO.
   10.  NOTHING  IN  THIS  SECTION  SHALL  BE DEEMED TO AFFECT, IMPAIR OR
 SUPERSEDE THE PROVISIONS AND  REQUIREMENTS  OF  THIS  CHAPTER  OTHERWISE
 APPLICABLE TO FIREARMS.
   §  2. The state finance law is amended by adding a new section 94-c to
 read as follows:
   § 94-C. DEALERS' RECORD OF SALE ACCOUNT. 1.  THERE  IS  HEREBY  ESTAB-
 LISHED  IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
 AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "DEALERS' RECORD  OF  SALE
 ACCOUNT".
   2.  THE  DEALERS'  RECORD  OF  SALE  ACCOUNT  SHALL  CONSIST OF MONEYS
 RECEIVED BY THE STATE PURSUANT TO SUBDIVISION FIVE OF SECTION 400.15  OF
 THE PENAL LAW AND DEPOSITED IN THE ACCOUNT PURSUANT TO SUCH SUBDIVISION.
   3.  MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND
 ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE  MADE  AVAILABLE  FOR
 THE  STATE  OPERATION EXPENSES OF THE DIVISION OF STATE POLICE INCLUDING
 THE ACTUAL COSTS ASSOCIATED WITH PROCESSING APPLICATIONS AND ASSIGNING A
 DISTINGUISHING NUMBER OR MARK TO FIREARMS PURSUANT TO SECTION 400.15  OF
 THE  PENAL  LAW  AND  THE  OPERATION OF THE STATEWIDE LICENSE AND RECORD
 DATABASE CREATED AND MAINTAINED PURSUANT TO SECTION 400.02 OF THE  PENAL
 LAW.
   4.  THE  SUPERINTENDENT OF STATE POLICE, NO LATER THAN MARCH FIFTEENTH
 OF EACH YEAR, SHALL FURNISH TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY
 AND THE TEMPORARY PRESIDENT OF  THE  SENATE,  A  REPORT  DETAILING  EACH
 PROGRAMMATIC  COMPONENT  ASSOCIATED  WITH  PROCESSING  APPLICATIONS  AND
 ASSIGNING A DISTINGUISHING  NUMBER  OR  MARK  TO  FIREARMS  PURSUANT  TO
 SECTION 400.15 OF THE PENAL LAW FOR THE PREVIOUS YEAR.
   § 3. The state finance law is amended by adding a new section 99-ff to
 read as follows:
   §  99-FF.  GUN  VIOLENCE FAMILY RELIEF FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE
 AND  THE  COMPTROLLER  A  FUND  TO  BE KNOWN AS THE "GUN VIOLENCE FAMILY
 RELIEF FUND".
   2. THE GUN  VIOLENCE  FAMILY  RELIEF  FUND  SHALL  CONSIST  OF  MONEYS
 RECEIVED  BY THE STATE PURSUANT TO SUBDIVISION FIVE OF SECTION 400.15 OF
 THE PENAL LAW AND DEPOSITED IN THE ACCOUNT PURSUANT TO SUCH SUBDIVISION.
 NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING
 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
 THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3. ON OR BEFORE THE FIRST OF FEBRUARY EACH YEAR, THE COMPTROLLER SHALL
 CERTIFY  TO  THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
 THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE  AND  CHAIR  OF  THE
 ASSEMBLY  WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED IN THE
 GUN VIOLENCE FAMILY RELIEF FUND DURING THE PRECEDING  CALENDAR  YEAR  AS
 THE  RESULT  OF  REVENUE DERIVED PURSUANT TO SUBDIVISION FIVE OF SECTION
 400.15 OF THE PENAL LAW AND FROM GRANTS, GIFTS AND BEQUESTS.
   4. ON OR BEFORE THE FIRST OF FEBRUARY EACH YEAR, THE  COMMISSIONER  OF
 HEALTH  SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE
 SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE  COMMITTEE,
 CHAIR  OF  THE  ASSEMBLY  WAYS  AND MEANS COMMITTEE, CHAIR OF THE SENATE
 COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH COMMITTEE,  THE  STATE
 COMPTROLLER  AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONEYS OF
 THE FUND WERE UTILIZED DURING THE PRECEDING  CALENDAR  YEAR,  AND  SHALL
 INCLUDE:

 A. 3152                             4
 
   (I)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (II) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH;
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONEYS WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING  FISCAL  YEARS,  ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
 YEAR.
   5. MONEYS OF THE FUND SHALL BE EXPENDED ONLY TO ASSIST  FAMILIES  WITH
 HOUSING,  EDUCATION  AND NUTRITION ASSISTANCE IN CASES WHERE A PARENT IS
 KILLED IN A GUN VIOLENCE  INCIDENT  AND  TO  ASSIST  FAMILIES  OF  CHILD
 VICTIMS  OF  GUNS VIOLENCE WITH GRIEVANCE THERAPY OR LEGAL FEES APPROVED
 BY THE NEW YORK STATE DEPARTMENT OF HEALTH.
   6. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HEALTH.
   7. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
 THAT  ALL MONEYS RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
 END OF THAT FISCAL YEAR.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.