NY State Senate Bill 2019-S5019

Senate Bill S5019

2019-2020 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Apr 03, 2019	referred to consumer protection

co-Sponsors

2019-S5019 (ACTIVE) - Details

See Assembly Version of this Bill:: A5822
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
2013-2014: S1572
2015-2016: S2573, A5625
2017-2018: S2190, A1708
2021-2022: S5426
2023-2024: S6831

2019-S5019 (ACTIVE) - Summary

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

2019-S5019 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5019

SPONSOR: PARKER
 
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 revol-
vers, 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 author-
ities would have been powerless under current law to identify the weapon
or its owner, in spite of the existence of New York's statewide ballis-
tics 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 vari-
ous 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 ballis-
tics 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 communi-
ties 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 loop-
hole. 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:

2017-18: S.2190 - REFERRED TO CONSUMER PROTECTION
2015-16: 5.2573A - Amend and Recommitted to Consumer Protection
2013-14: 5.1572A/A.1467 - Referred to Consumer Protection
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.

2019-S5019 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5019
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced  by  Sens.  PARKER, COMRIE -- 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:
   §  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.
                                                            LBD09923-01-9

 S. 5019                             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 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5019

Share this bill

Sponsored By

Kevin S. Parker