NY State Senate Bill 2021-S4116

Senate Bill S4116

Signed By Governor

2021-2022 Legislative Session

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition

download bill text pdf

Archive: Last Bill Status Via A7926 - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2022	signed chap.205
Jun 03, 2022	delivered to governor
Jun 02, 2022	returned to assembly passed senate 3rd reading cal.1849 substituted for s4116a
Jun 02, 2022	substituted by a7926a ordered to third reading cal.1849 committee discharged and committed to rules
Apr 28, 2022	print number 4116a
Apr 28, 2022	amend (t) and recommit to codes
Jan 05, 2022	referred to codes
Jun 10, 2021	committed to rules
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 19, 2021	1st report cal.1217
Feb 02, 2021	referred to codes

Votes

- Jun 2, 2022 - Floor Vote
  A7926
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2022
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jun 2, 2022 - Rules Committee Vote
  S4116
  
  14
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 2, 2022
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (7)
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Ritchie
  May 19, 2021 - Codes Committee Vote
  S4116
  
  8
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 19, 2021
      
      aye (8)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Cooney
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (4)
      
      Akshar
      
      Gallivan
      
      O'Mara
      
      Palumbo
      
      aye wr (1)
      
      Brisport

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S4116 - Details

Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6005
2011-2012: S675
2013-2014: S68
2015-2016: S1113
2017-2018: S470
2019-2020: S2277

2021-S4116 - Summary

Requires semiautomatic pistols sold in this state be verified as a microstamping-enabled pistol; establishes fines for violations of this requirement; requires the division of criminal justice services to certify the viability of microstamping-enabled pistols.

2021-S4116 - Sponsor Memo

                                
 
BILL NUMBER: S4116                Revised 6/9/2021

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to requiring semiautomatic
pistols manufactured or delivered to any licensed dealer in this state
to be capable of microstamping ammunition

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires all semiautomatic pistols manufactured on or after January 1,
2023 that are sold or delivered in New York to be capable of microstamp-
ing expended cartridge cases.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds two new subdivisions 32 and 33 to section
265.00 of the Penal Law ("Definitions") to define the terms "microstam-
pready" and "microstamping component or mechanism."

Section 2 of the bill amends subdivision 6 of section 265.10 of the
Penal Law ("Manufacture, transport, disposition and defacement of weap-
ons and dangerous instruments and appliances") to clarify that the
existing class D felony offense of defacing a firearm includes the
defacement of a microstamping component or mechanism of a semiautomatic
pistol. This section also creates a new class A misdemeanor offense when
a dealer in firearms sells, offers for sale, exchanges, gives, transfers
or delivers a semiautomatic pistol knowing that the microstamping compo-
nent or mechanism of such pistol has been defaced.

Section 3 of the bill adds two new sections 265.38 ("Microstamping of
semiautomatic pistols; penalties") and 265.39 ("Microstamping of semiau-
tomatic pistols; affirmative defense") to the Penal Law.

- Section 265.38 would prohibit (1) the sale, offer for sale, exchange,
giving, transfer or delivery of a semiautomatic pistol manufactured
after January 1, 2023, by a dealer in firearms to any person other than
a dealer in firearms, unless such pistol is microstamp-ready and

(2) any manufacturer or wholesale dealer from delivering a semiautomatic
pistol manufactured after January 1, 2023 to any person in this state,
unless the pistol is certified by the manufacturer as microstamp-ready
in accordance with rules and regulations promulgated by the Division of
State Police. A violation of Section 265.38 is a class B misdemeanor; a
second or subsequent violation of any of these provisions is a class A
misdemeanor.

- Section 265.39 provides dealers in firearms charged under subdivision
2 of section 265.38 with an affirmative defense. The affirmative defense
is available to those dealers who, at the time of the sale, offer for
sale, exchange, giving, transfer or delivery of a semi-automatic pistol
manufactured after January 1, 2023, are in possession of the manufactur-
er's certification that such pistol is microstamp-ready, or an exact
copy of such certification.

Section 4 of the bill amends subdivision 5 of section 265.15 of the
Penal Law ("Presumptions of possession, unlawful intent and defacement")
to make the presumption that applies to possession of defaced guns inap-
plicable to semi-automatic pistols where the sole defacement consists of
defacing a microstamping component or mechanism of such pistol.

Section 5 of the bill contains the effective date.

 
JUSTIFICATION:

Recent research indicates that across the nation, large numbers of
shootings are never reported to law enforcement, and large numbers of
fatal and nonfatal shootings go unsolved and undeterred. An in-depth
investigation by The Washington Post found that across 52 of the
nation's largest cities, 53 percent of murders of African Americans
never led to an arrest, let alone a conviction. Other investigative
reports have indicated that homicides and attempted homicides involving
firearms may be even less likely to lead to an arrest.  Research
reported by The Trace found that across 22 cities, 65 percent of fatal
shootings involving an African American or Hispanic victim never led to
an arrest. When shootings, homicides, and other firearm crimes are
unsolved and undeterred, retaliatory cycles of violence, trauma, and
vigilantism are more likely to erupt instead, leading to increased
interpersonal gun violence and injury, and weakened trust in the justice
system. Widespread use of microstamping technology would help ensure
public safety and prevent crime.  Microstamping technology utilizes
lasers to make precise, microscopic engravings on the internal mech-
anisms of a gun, such as the breech face and firing pin. As the gun is
fired, these engravings can imprint a unique alphanumeric array onto the
shell casing of the cartridge fired from the gun. This unique array can
then be used, like a serial number, to identify the make, model and
serial number of the gun. The technology is designed to aid law enforce-
ment officials investigating homicides and other gun crimes by allowing
them to trace firearms to their original purchasers through cartridge
cases found at crime scenes.

Microstamping represents a significant advancement over existing ballis-
tic identification technology. Because the technology of microstampin-
gimprints the identifying characteristics of a firearm onto every
cartridge ejected from the gun, investigators need only recover the
cartridges at a crime scene to be able to identify the gun used in the
commission of the crime. Current ballistics identification technology is
much more limited. While it can be used to compare ballistic evidence
recovered at crime scenes, it cannot lead investigators directly to a
specific firearm that produced the ballistic fingerprint, unless that
firearm is recovered.  Incorporating microstamping features in more
handgun models sold in New York would likely reduce interpersonal gun
violence in this state by aiding law enforcement efforts to solve and
deter shootings, homicides, and other gun-related crimes, and prevent
cycles of retributive violence from occurring.

Contrary to firearm manufacturers' claims that it is impossible or
impractical to produce firearms equipped with microstamping technology,
the Sporting Arms and Ammunition Manufacturers' Institute and the
National Shooting Sports Foundation have admitted that "microstamped
characters that identify the make, model, and serial number of a semi-
automatic pistol can be etched or imprinted on the tip of the pistol's
firing pin" and tests have shown it is feasible to do the same on the
firearm breechface. Additionally, the Ninth Circuit Court of Appeals has
held, in upholding California's microstamping requirement, that " 
THE
STATE OF CALIFORNIA produced evidence that compliance with the micro-
stamping requirement is "technologically possible" and would cost an
incremental $3.00 to $10.00 per gun." Pena v. Lindley, 898 F.3d 969 (9th
Cir. 2018).

Microstamping technology is feasible and reliable and the costs of
implementing this technology are minimal. Incorporating microstamping
technology will help ensure public safety by identifying crime guns,
aiding law enforcement in their efforts to prosecute those who use guns
to do harm, disrupt cycles of retributive violence and deter future acts
of gun violence.

 
PRIOR LEGISLATIVE HISTORY:

S.2277 of 2019-2020 (Hoylman): Died in Codes

A.1251 of 2019-2020 (Jaffee): Died in Codes

S.0470-A of 2017-2018 (Peralta): Died in Codes

S.1113-A of 2015-2016 (Peralta): Died in Codes

S.0068-A of 2013-2014 (Peralta): Died in Codes

S.0675-C of 2012 (Peralta): Died in Rules

S.0675-A of 2011 (Peralta): Died in Codes

S.6005-A of 2009-2010 (Schneiderman): Died on Third Reading

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2025.

2021-S4116 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4116
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sens. HOYLMAN, KAPLAN -- 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 requiring semiautomatic pistols
 manufactured or delivered to any licensed dealer in  this  state  to  be
 capable of microstamping ammunition

   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  two
 new subdivisions 32 and 33 to read as follows:
   32.  "MICROSTAMP-READY",  WHEN  USED WITH REFERENCE TO A SEMIAUTOMATIC
 PISTOL, MEANS THAT SUCH PISTOL  IS  MANUFACTURED  TO  PRODUCE  A  UNIQUE
 ALPHA-NUMERIC  OR  GEOMETRIC  CODE  ON  AT  LEAST  ONE  LOCATION ON EACH
 EXPENDED CARTRIDGE CASE THAT IDENTIFIES  THE  MAKE,  MODEL,  AND  SERIAL
 NUMBER OF THE PISTOL.
   33.  "MICROSTAMPING  COMPONENT OR MECHANISM", WHEN USED WITH REFERENCE
 TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
 DESIGNED AND INTENDED TO PRODUCE A  UNIQUE  ALPHA-NUMERIC  OR  GEOMETRIC
 CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
 AL NUMBER OF THE PISTOL.
   §  2.  Subdivision 6 of section 265.10 of the penal law, as amended by
 chapter 189 of the laws of 2000, is amended to read as follows:
   6. (A) Any person who wilfully defaces any machine-gun, large capacity
 ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
 COMPONENT OR MECHANISM OF A SEMIAUTOMATIC PISTOL, is guilty of a class D
 felony.
   (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
 TER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR  DELIVERS
 A  SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR MECH-
 ANISM OF SUCH PISTOL HAS BEEN DEFACED, IS GUILTY OF A CLASS A  MISDEMEA-
 NOR.  FOR  PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMATIC PISTOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02762-02-1

 S. 4116                             2
 
 DOES NOT INCLUDE (1) MODIFYING  A  SEMIAUTOMATIC  PISTOL  TO  RENDER  IT
 MICROSTAMP-READY  OR  (2)  REPLACING  THE  FIRING PIN OF A SEMIAUTOMATIC
 PISTOL THAT IS MICROSTAMP-READY WHEN SUCH PIN IS DAMAGED OR IN  NEED  OF
 REPLACEMENT FOR THE SAFE USE OF SUCH PISTOL, OR REPLACING SUCH PIN FOR A
 LEGITIMATE SPORTING PURPOSE.
   §  3.  The  penal law is amended by adding two new sections 265.38 and
 265.39 to read as follows:
 § 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
   IT SHALL BE UNLAWFUL:
   1. FOR ANY DEALER IN FIREARMS LICENSED UNDER SECTION  400.00  OF  THIS
 CHAPTER,  TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER A
 SEMIAUTOMATIC PISTOL MANUFACTURED ON OR AFTER JANUARY FIRST,  TWO  THOU-
 SAND  TWENTY-THREE TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS
 SUCH PISTOL IS MICROSTAMP-READY; OR
   2. FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO  BE
 DELIVERED  TO  ANY PERSON IN THIS STATE, A SEMIAUTOMATIC PISTOL MANUFAC-
 TURED  AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-THREE,  UNLESS  THE
 MANUFACTURER  CERTIFIES  TO SUCH PERSON AT THE TIME OF SUCH DELIVERY, IN
 ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED  BY  THE  DIVISION  OF
 STATE POLICE, THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND REGU-
 LATIONS  SHALL INCLUDE A REQUIREMENT THAT, AS PART OF THE CERTIFICATION,
 THE MANUFACTURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF  THE
 PISTOL.
   A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
 PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
 SALE  DEALER  OR  A  MANUFACTURER,  WHO  VIOLATES  ANY PROVISION OF THIS
 SECTION  AFTER  HAVING  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING   ANY
 PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
 § 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
   IN  ANY  PROSECUTION  UNDER  SUBDIVISION ONE OF SECTION 265.38 OF THIS
 ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER  IN  FIREARMS,  AT
 THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
 OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
   1.  A  CERTIFICATION  FROM  THE  MANUFACTURER OF SUCH PISTOL DELIVERED
 PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
 PISTOL IS MICROSTAMP-READY; OR
   2. AN EXACT COPY OF SUCH  CERTIFICATION  OBTAINED  BY  THE  DEALER  IN
 FIREARMS  FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND
 REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
   THE DIVISION OF STATE POLICE SHALL PROMULGATE  RULES  AND  REGULATIONS
 GOVERNING  PROCEDURES  AND  STANDARDS FOR EXACT COPIES OF CERTIFICATIONS
 AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
 TURER FOR PURPOSES OF THIS SECTION.
   § 4. Subdivision 5 of section 265.15 of the penal law, as  amended  by
 chapter 695 of the laws of 1987, is amended to read as follows:
   5.  The  possession  by  any person of a defaced machine-gun, firearm,
 rifle or shotgun is presumptive evidence that such  person  defaced  the
 same;  PROVIDED,  HOWEVER,  THAT  THIS  SUBDIVISION  SHALL  NOT APPLY TO
 POSSESSION OF  A  SEMIAUTOMATIC  PISTOL  WHERE  THE  DEFACEMENT  ALLEGED
 CONSISTS  OF  DEFACING  A  MICROSTAMPING  COMPONENT OR MECHANISM OF SUCH
 PISTOL.
   § 5. This act shall take effect January 1, 2023.

co-Sponsors

View additional co-sponsors

2021-S4116A (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.10 & 265.15, add §§265.38 & 265.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6005
2011-2012: S675
2013-2014: S68
2015-2016: S1113
2017-2018: S470
2019-2020: S2277

2021-S4116A (ACTIVE) - Summary

2021-S4116A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4116a

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the Division of Criminal Justice Services to examine the tech-
nological viability of microstamping-enabled pistols, and if such inves-
tigation deems the technology viable, requires semiautomatic pistols
sold in New York State to be microstamping-enabled.

 
SUMMARY OF SPECIFIC:

Section one amends section 265 of the penal law by adding new subdivi-
sions 33, 34 and 35.

Section two amends the executive law by adding a new section 837-w.

Section three amends the penal law by adding a new section 265.38.

Section four amends section 265.10 of the penal law by adding a new
subdivision 9.

Section five establishes the effective date.

 
JUSTIFICATION:

Recent research indicates that across the nation, large numbers of
shootings are never reported to law enforcement, and large numbers of
fatal and nonfatal shootings go unsolved and undeterred. An in-depth
investigation by The Washington Post found that across 52 of the
nation's largest cities, 53 percent of murders of African Americans
never led to an arrest, let alone a conviction. Other investigative
reports have indicated that homicides and attempted homicides involving
firearms may be even less likely to lead to an arrest.  Research
reported by The Trace found that across 22 cities, 65 percent of fatal
shootings involving an African American or Hispanic victim never led to
an arrest. When shootings, homicides, and other firearm crimes are
unsolved and undeterred, retaliatory cycles of violence, trauma, and
vigilantism are more likely to erupt instead, leading to increased
interpersonal gun violence and injury, and weakened trust in the justice
system.

Widespread use of microstamping technology would help ensure public
safety and prevent crime. Microstamping technology utilizes lasers to
make precise, microscopic engravings on the internal mechanisms of a
gun, such as the breech face and firing pin. As the gun is fired, these
engravings can imprint a unique alpha-numeric array onto the shell
casing of the cartridge fired from the gun. This unique array can then
be used, like a serial number, to identify the make, model and serial
number of the gun. The technology is designed to aid law enforcement
officials investigating homicides and other gun crimes by allowing them
to trace firearms to their original purchasers through cartridge cases
found at crime scenes.

Microstamping represents a significant advancement over existing ballis-
tic identification technology. Because the technology of microstamping
imprints the identifying characteristics of a firearm onto every
cartridge ejected from the gun, investigators need only recover the
cartridges at a crime scene to be able to identify the gun used in the
commission of the crime. Current ballistics identification technology is
much more limited. While it can be used to compare ballistic evidence
recovered at crime scenes, it cannot lead investigators directly to a
specific firearm that produced the ballistic fingerprint, unless that
firearm is recovered.

Incorporating microstamping features in more handgun models sold in New
York would likely reduce' interpersonal gun violence in this state by
aiding law enforcement efforts to solve and deter shootings, homicides,
and other gun-related crimes, and prevent cycles of retributive violence
from occurring. Contrary to firearm manufacturers' claims that it is
impossible or impractical to produce firearms equipped with microstamp-
ing technology, the The Sporting Arms and Ammunition Manufacturers'
Institute and the National Shooting Sports Foundation have admitted that
"microstamped characters that identify the make, model, and serial
number of a semi-automatic pistol can be etched or imprinted on the tip
of the pistol's firing pin" and tests have shown it is feasible to do
the same on the firearm breechface. Additionally, the Ninth Circuit
Court of Appeals has held, in upholding California's microstamping
requirement, that "the State of California produced evidence that
compliance with the microstamping requirement is "technologically possi-
ble" and would cost an incremental $3.00 to $10.00 per gun."  Pena v.
Lindley, 898 F.3d 969 (9th Cir. 2018).

Microstamping technology is feasible and reliable and the costs of
implementing this technology are minimal. Incorporating microstamping
technology will help ensure public safety by identifying crime guns,
aiding law enforcement in their efforts to prosecute those who use guns
to do harm, disrupt cycles of retributive violence and deter future acts
of gun violence.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A.1251 (Jaffee) - Referred to Codes/S.2277 (Hoylman) - Referred
to Codes

2017-18: A.5826-A (Jaffee) - Advanced to Third Reading/S.470-A (Peralta)
- Referred to Codes

2015-16: A.6192-A (Schimel) - Referred to Codes/S.1113-A (Peralta)
Referred to Codes

2013-14: A.3244-A (Schimel) - Advanced to Third Reading/S.68-A (Peralta)
- Referred to Codes

2011-12: A.1157-5 (Schimel) - Passed Assembly/S.675-C (Peralta) Commit-
ted to Rules

2009-10: A.6468-C (Schimel) - Passed Assembly/S.6500-A (Schneiderman) -
Third Reading
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that section
three of this act shall take effect 4 years after the certification 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 earli-
er.

2021-S4116A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4116--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  BIAGGI,  KAPLAN, RAMOS, SANDERS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 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.
                                                            LBD02762-15-2
 S. 4116--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.
 S. 4116--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.

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Senate Bill S4116

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Archive: Last Bill Status Via A7926 - Signed by Governor

Bill Amendments

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2021-S4116 - Details

2021-S4116 - Summary

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2021-S4116 - Bill Text download pdf

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2021-S4116A (ACTIVE) - Details

2021-S4116A (ACTIVE) - Summary

2021-S4116A (ACTIVE) - Sponsor Memo

2021-S4116A (ACTIVE) - Bill Text download pdf

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