S T A T E   O F   N E W   Y O R K
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                                  7926--A
                                                         Cal. No. 280
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2021
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, MEEKS, SIMON, EPSTEIN, ZINERMAN,
   GALEF, FERNANDEZ, BURGOS, GOTTFRIED, STECK, SEAWRIGHT,  NIOU  --  read
   once  and  referred  to  the  Committee on Codes -- ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  on  the
   order of third reading
 
 AN  ACT  to  amend the penal law, in relation to requiring semiautomatic
   pistols sold in this state  be  verified  as  a  microstamping-enabled
   pistol;  and  to amend the executive law, in relation to requiring the
   division of criminal justice services  to  certify  the  viability  of
   microstamping-enabled pistols
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 265.00 of the penal law is amended by adding  three
 new subdivisions 33, 34 and 35 to read as follows:
   33.  "MICROSTAMP"  MEANS  A UNIQUE ALPHANUMERIC OR GEOMETRIC CODE THAT
 IDENTIFIES THE MAKE, MODEL, AND SERIAL NUMBER OF A FIREARM.
   34. "MICROSTAMPING COMPONENT" MEANS A COMPONENT PART OF  A  SEMI-AUTO-
 MATIC  PISTOL THAT WILL PRODUCE A MICROSTAMP ON AT LEAST ONE LOCATION OF
 THE EXPENDED CARTRIDGE CASE EACH TIME THE PISTOL IS FIRED.
   35. "MICROSTAMPING-ENABLED PISTOL" MEANS ANY SEMIAUTOMATIC PISTOL THAT
 CONTAINS A MICROSTAMPING COMPONENT.
   § 2. The executive law is amended by adding a  new  section  837-w  to
 read as follows:
   § 837-W. TECHNOLOGICAL VIABILITY OF MICROSTAMPING-ENABLED FIREARMS. 1.
 AS  USED  IN THIS SECTION, THE TERMS "MICROSTAMPING-ENABLED PISTOLS" AND
 "MICROSTAMPING COMPONENTS" SHALL HAVE THE SAME  MEANING  AS  DEFINED  IN
 ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW.
   2.  THE DIVISION OR A DESIGNEE SHALL WITHIN ONE HUNDRED EIGHTY DAYS OF
 THE EFFECTIVE DATE OF THIS SECTION:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02762-14-2
 A. 7926--A                          2
              

 
   (A) ENGAGE IN AND COMPLETE AN INVESTIGATION TO CERTIFY THE  TECHNOLOG-
 ICAL  VIABILITY  OF  MICROSTAMPING-ENABLED  PISTOLS.  THIS INVESTIGATION
 SHALL INCLUDE LIVE-FIRE TESTING EVIDENCE; AND
   (B)  CERTIFY  OR DECLINE TO CERTIFY THAT MICROSTAMPING-ENABLED PISTOLS
 ARE TECHNOLOGICALLY VIABLE.
   3. FOLLOWING A CERTIFICATION  BY  THE  DIVISION  OR  A  DESIGNEE  THAT
 MICROSTAMPING-ENABLED  PISTOLS  ARE TECHNOLOGICALLY VIABLE, THE DIVISION
 SHALL:
   (A) WITHIN THREE HUNDRED SIXTY-FIVE DAYS  FROM  THE  DATE  OF  CERTIF-
 ICATION  OF  THE  VIABILITY OF SUCH TECHNOLOGY BY DIVISION OR A DESIGNEE
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION, ESTABLISH PERFORMANCE STAN-
 DARDS, QUALIFYING CRITERIA AND TESTING PROTOCOLS APPLICABLE TO THE EXAM-
 INATION AND VERIFICATION OF  MICROSTAMPING-ENABLED  PISTOLS  AND  MICRO-
 STAMPING COMPONENTS;
   (B)  WITHIN  TWO YEARS FROM THE DATE OF CERTIFICATION OF THE VIABILITY
 OF SUCH TECHNOLOGY BY DIVISION OR A DESIGNEE PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, ESTABLISH  AND  IMPLEMENT  VERIFICATION  PROCESSES  FOR
 MICROSTAMPING-ENABLED PISTOLS AND MICROSTAMPING COMPONENTS;
   (C)  WITHIN  TWO YEARS FROM THE DATE OF CERTIFICATION OF THE VIABILITY
 OF SUCH TECHNOLOGY BY DIVISION OR A DESIGNEE PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, ESTABLISH PROCESSES AND STANDARDS FOR THE TRAINING  AND
 LICENSURE OF PERSONS, ASSOCIATIONS, PARTNERSHIPS, CORPORATIONS, OR OTHER
 ENTITIES SO THAT SUCH MAY ENGAGE IN THE BUSINESS OF SERVICING SEMI-AUTO-
 MATIC  PISTOLS  AND  THEIR  COMPONENTS  TO  ENSURE  COMPLIANCE  WITH THE
 REQUIREMENTS OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW; AND
   (D) WITHIN TWO YEARS FROM THE DATE OF CERTIFICATION OF  THE  VIABILITY
 OF SUCH TECHNOLOGY BY DIVISION OR A DESIGNEE PURSUANT TO SUBDIVISION ONE
 OF  THIS  SECTION, DESIGNATE A BODY TO SERVICE SEMIAUTOMATIC PISTOLS AND
 THEIR COMPONENTS TO ENSURE COMPLIANCE WITH THE REQUIREMENTS  OF  ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW.
   4.  THE  DIVISION  SHALL  PROMULGATE  ANY RULE OR REGULATION AS MAY BE
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 3. The penal law is amended by adding a new section 265.38  to  read
 as follows:
 § 265.38 UNLAWFUL SALE OF A NON-MICROSTAMPING-ENABLED FIREARM.
   1.  IT  SHALL  BE  UNLAWFUL  FOR ANY DEALER IN FIREARMS LICENSED UNDER
 SECTION 400.00 OF THIS CHAPTER, TO SELL, OFFER FOR SALE, EXCHANGE, GIVE,
 TRANSFER OR DELIVER ANY SEMIAUTOMATIC PISTOL UNLESS SUCH PISTOL HAS BEEN
 VERIFIED AS A MICROSTAMPING-ENABLED PISTOL. A PISTOL MAY BE VERIFIED  AS
 MICROSTAMPING-ENABLED IF IT CONTAINS A MICROSTAMP COMPONENT INSTALLED BY
 ITS  MANUFACTURER OR   BY A STATE LICENSED PERSON, ASSOCIATION, PARTNER-
 SHIP, CORPORATION, OR OTHER ENTITY IN COMPLIANCE  WITH  STATE  STANDARDS
 ESTABLISHED  BY  THE  COMMISSIONER  OF  THE DIVISION OF CRIMINAL JUSTICE
 SERVICES OR THEIR DESIGNEE. THE PROVISIONS OF  THIS  SECTION  SHALL  NOT
 APPLY  TO  A  PISTOL  MANUFACTURED  PRIOR  TO THE EFFECTIVE DATE OF THIS
 SECTION.
   2. (A) THE FIRST VIOLATION FOR UNLAWFUL SALE OF  A  NON-MICROSTAMPING-
 ENABLED  PISTOL  PURSUANT  TO THIS SECTION SHALL BE PUNISHABLE ONLY BY A
 FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS AND MAY RESULT IN  A  SUSPEN-
 SION  OR  REVOCATION OF THE DEALER'S LICENSE ISSUED UNDER SECTION 400.00
 OF THIS CHAPTER.
   (B) THE SECOND VIOLATION FOR UNLAWFUL SALE OF A NON-MICROSTAMPING-ENA-
 BLED PISTOL PURSUANT TO THIS SECTION SHALL BE PUNISHABLE ONLY BY A  FINE
 OF NOT MORE THAN FIVE THOUSAND DOLLARS AND MAY RESULT IN A SUSPENSION OR
 REVOCATION  OF  THE DEALER'S LICENSE ISSUED UNDER SECTION 400.00 OF THIS
 CHAPTER.
 A. 7926--A                          3
 
   (C) THE THIRD VIOLATION FOR UNLAWFUL SALE OF A  NON-MICROSTAMPING-ENA-
 BLED  PISTOL PURSUANT TO THIS SECTION IS A CLASS A MISDEMEANOR AND SHALL
 RESULT IN A SUSPENSION OR REVOCATION  OF  THE  DEALER'S  LICENSE  ISSUED
 UNDER SECTION 400.00 OF THIS CHAPTER.
   § 4. Section 265.10 of the penal law is amended by adding a new subdi-
 vision 9 to read as follows:
   9.  ANY  PERSON  WHO MODIFIES A MICROSTAMPING-ENABLED PISTOL OR MICRO-
 STAMPING COMPONENT WITH THE INTENT TO PREVENT THE PRODUCTION OF A MICRO-
 STAMP IS, FOR A FIRST OFFENSE, GUILTY OF A CLASS B MISDEMEANOR, AND  FOR
 A SECOND OR SUBSEQUENT OFFENSE, IS GUILTY OF A CLASS A MISDEMEANOR.  FOR
 THE  PURPOSES  OF  THIS SUBDIVISION, IT SHALL NOT BE UNLAWFUL TO REPLACE
 THE MICROSTAMPING COMPONENT OF A MICROSTAMPING-ENABLED PISTOL  WHEN  THE
 COMPONENT IS DAMAGED OR IN NEED OF REPLACEMENT WITH ANOTHER VALID MICRO-
 STAMPING COMPONENT FOR THE SAFE USE OF THE FIREARM OR REPLACING SUCH PIN
 FOR  A LEGITIMATE SPORTING PURPOSE THAT IS ONLY USED FOR THAT LEGITIMATE
 PURPOSE.
   § 5.  This act shall take effect immediately, provided, however,  that
 section  three  of  this act shall take effect 4 years after the certif-
 ication that microstamping-enabled pistols are technologically viable by
 the division of criminal justice services or a designee or 1 year  after
 a person, association, partnership, corporation or other entity has been
 licensed  to  engage  in  the  business  of servicing firearms and their
 components to ensure compliance  with  the  requirements  of  this  act,
 whichever is earlier, and provided that the commissioner of the division
 of  criminal justice services shall notify the legislative bill drafting
 commission upon such certification 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 section 44 of the legislative law and section 70-b of  the
 public officers law.