S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    536
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 gun buyback programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  400.05  of the penal law, as
 amended by chapter 350 of the laws of 1986, is amended and a new  subdi-
 vision 7 is added to read as follows:
   1. Any weapon, instrument, appliance or substance specified in article
 two hundred sixty-five OF THIS CHAPTER, when unlawfully possessed, manu-
 factured, transported or disposed of, or when utilized in the commission
 of  an  offense, is hereby declared a nuisance. When the same shall come
 into the possession of any police officer or peace officer, it shall  be
 surrendered immediately to the official mentioned in [paragraph] SUBPAR-
 AGRAPH  (f)  of  [subdivision] PARAGRAPH one OF SUBDIVISION A of section
 265.20 OF THIS CHAPTER, except that such weapon,  instrument,  appliance
 or  substance  coming  into  the possession of the state police shall be
 surrendered to the superintendent of state police.
   7. (A) ANY PRIVATE OR GOVERNMENTAL  ENTITY  OPERATING  A  GUN  BUYBACK
 PROGRAM SHALL:
   (I)  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 OF STOLEN FIREARMS AND, IF IT IS
 FOUND THAT ANY SUCH FIREARM IS A STOLEN FIREARM, THAT THE FIREARM IS NOT
 DESTROYED WITHOUT THE EXPRESS PERMISSION OF THE LAWFUL OWNER THEREOF AND
 THAT IF THE LAWFUL OWNER OF THE FIREARM DOES NOT GIVE EXPRESS PERMISSION
 FOR THE FIREARM TO BE DESTROYED, THAT THE FIREARM  IS  RETURNED  TO  ITS
 LAWFUL OWNER;
   (II)  PRIOR TO RETURNING A STOLEN FIREARM TO A LAWFUL OWNER, DETERMINE
 WHETHER OR NOT THE LAWFUL OWNER IS ELIGIBLE TO POSSESS A  FIREARM  UNDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02711-01-9

 S. 536                              2
 
 THIS  CHAPTER.  IF  THE  LAWFUL  OWNER  OF  THE FIREARM IS INELIGIBLE TO
 POSSESS A FIREARM UNDER THIS  CHAPTER,  THE  ENTITY  OPERATING  THE  GUN
 BUYBACK  PROGRAM  MAY DESTROY THE FIREARM IN COMPLIANCE WITH SUBDIVISION
 TWO OF THIS SECTION.
   (B)  FOR  THE PURPOSES OF THIS SECTION, THE TERM "GUN BUYBACK PROGRAM"
 SHALL MEAN ANY PROGRAM IN WHICH FIREARMS, MACHINE-GUNS OR AMMUNITION ARE
 PURCHASED BY OR SURRENDERED TO THE SUPERINTENDENT  OF  THE  DIVISION  OF
 STATE  POLICE  OR A MEMBER THEREOF DESIGNATED BY SUCH SUPERINTENDENT, OR
 TO A COUNTY SHERIFF, OR IN THE COUNTY OF NASSAU OR IN THE TOWNS OF BABY-
 LON, BROOKHAVEN, HUNTINGTON,  ISLIP  AND  SMITHTOWN  IN  THE  COUNTY  OF
 SUFFOLK  TO THE COMMISSIONER OF POLICE OR A MEMBER OF THE POLICE DEPART-
 MENT THEREOF DESIGNATED BY SUCH COMMISSIONER, OR TO THE  POLICE  COMMIS-
 SIONER 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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary for the implementation of this act on its effective date is author-
 ized to be made on or before such date.