S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5822
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Codes
 
 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:
   §  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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09923-01-9

 A. 5822                             2
 
 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 TWENTY, PROMULGATE RULES AND REGULATIONS FOR THE OPERATION
 OF A PROGRAM WHICH PROVIDES A GUNSMITH OR A DEALER IN FIREARMS  LICENSED
 IN  THIS  STATE WITH A SEALED CONTAINER ENCLOSING THE ITEMS SPECIFIED IN
 SUBDIVISION TWO OF THIS SECTION. THE PROGRAM SHALL AT A MINIMUM:
   (A) BE OPERATIONAL BY JANUARY FIRST, TWO THOUSAND TWENTY-ONE;
   (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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.