S T A T E O F N E W Y O R K
________________________________________________________________________
5000--A
2021-2022 Regular Sessions
I N S E N A T E
February 22, 2021
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the penal law, in relation to the purchase and disposal
of firearms, rifles and shotguns; and to amend the executive law, in
relation to the reporting of firearms seized or recovered by law
enforcement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 265.17 of the penal law, as amended by chapter 1
of the laws of 2013, is amended to read as follows:
§ 265.17 Criminal purchase or disposal of a weapon.
A person is guilty of criminal purchase or disposal of a weapon when:
1. Knowing that he or she is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, OR KNOWING
THAT HE OR SHE IS THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST ISSUED
UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE, such person
purchases OR OTHERWISE ACQUIRES a firearm, rifle or shotgun from another
person; or
2. Knowing that it would be unlawful for another person to possess a
firearm, rifle or shotgun, OR KNOWING THAT ANOTHER PERSON IS THE SUBJECT
OF AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE ALLEGED COMMISSION
OF A FELONY OR SERIOUS OFFENSE, he or she purchases OR OTHERWISE
ACQUIRES a firearm, rifle or shotgun for, on behalf of, or for the use
of such other person; or
3. Knowing that another person is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09870-03-1
S. 5000--A 2
lawfully possess a firearm, rifle or shotgun in this state, OR KNOWING
THAT ANOTHER PERSON IS THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST
ISSUED UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE, a
person disposes of a firearm, rifle or shotgun to such other person.
Criminal purchase or disposal of a weapon is a class D felony.
§ 2. Subdivisions 4 and 5 of section 230 of the executive law, as
added by chapter 189 of the laws of 2000, are amended and three new
subdivisions 6, 7 and 8 are added to read as follows:
4. The superintendent of the division of state police shall establish
and maintain within the division a criminal gun clearinghouse as a
central repository of information regarding all guns seized, forfeited,
found or otherwise coming into the possession of any state or local law
enforcement agency which are believed to have been used in the commis-
sion of a crime. The superintendent of the division of state police
shall adopt and promulgate regulations prescribing reporting procedures
for such state or local law enforcement agencies, including the form for
reporting such information. In addition to any other information which
the superintendent of the division of state police may require, the form
shall require (a) the serial number or other identifying information on
the gun, if available and (b) a brief description of the circumstances
under which the gun came into the possession of the law enforcement
agency, including the crime which was or may have been committed with
the gun. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM A CRIME
SCENE, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCIATED WITH
THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED BY SUCH AGENCY AS
AN ABANDONED OR DISCARDED GUN, SUCH AGENCY SHALL REPORT SUCH SEIZED OR
RECOVERED GUN TO THE CRIMINAL GUN CLEARINGHOUSE AS SOON AS PRACTICABLE,
BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER SUCH AGENCY HAS TAKEN
POSSESSION OF SUCH GUN. EVERY REPORT MADE TO THE CRIMINAL GUN CLEARING-
HOUSE SHALL RESULT IN THE SUBMISSION OF A REQUEST TO THE NATIONAL TRAC-
ING CENTER OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO
INITIATE A TRACE OF SUCH GUN AND THE BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES SHALL BE DIRECTED TO PROVIDE THE GUN TRACE
RESULTS TO THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE AND TO THE
LAW ENFORCEMENT AGENCY THAT SUBMITTED THE CLEARINGHOUSE REPORT.
5. [In any case where a state or local law enforcement agency investi-
gates the commission of a crime in this state and a specific gun is
known to have been used in such crime, such agency shall submit a
request to the national tracing center of the United States Department
of Treasury, bureau of alcohol, tobacco and firearms to trace the move-
ment of such gun and such federal agency shall be requested to provide
the superintendent of the division of state police and the local law
enforcement agency with the results of such a trace. This subdivision
shall not apply where the source of a gun is already known to a local
law enforcement agency.] ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES
SHALL PARTICIPATE IN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES COLLECTIVE DATA SHARING PROGRAM FOR THE PURPOSE OF SHARING
GUN TRACE DATA AMONG ALL LAW ENFORCEMENT AGENCIES IN THE STATE ON A
RECIPROCAL BASIS.
6. (A) WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM THE SCENE
OF A CRIME, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCI-
ATED WITH THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED BY SUCH
AGENCY AS AN ABANDONED OR DISCARDED GUN, SUCH AGENCY SHALL ARRANGE FOR
EVERY SUCH GUN THAT IS DETERMINED TO BE OF A TYPE THAT IS ELIGIBLE FOR
S. 5000--A 3
NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND CORRE-
LATION TO BE TEST-FIRED AS SOON AS PRACTICABLE, AND THE RESULTS OF SUCH
TEST-FIRING SHALL BE SUBMITTED FORTHWITH TO THE NATIONAL INTEGRATED
BALLISTIC INFORMATION NETWORK TO DETERMINE WHETHER SUCH GUN IS ASSOCI-
ATED OR RELATED TO A CRIME, CRIMINAL EVENT, OR ANY INDIVIDUAL ASSOCIATED
OR RELATED TO A CRIME OR CRIMINAL EVENT OR REASONABLY BELIEVED TO BE
ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT.
(B) WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOV-
ERS ANY AMMUNITION CARTRIDGE CASE FROM THE SCENE OF A CRIME THAT IS OF A
TYPE THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION
NETWORK DATA ENTRY AND CORRELATION, OR OTHERWISE HAS REASON TO BELIEVE
THAT ANY SEIZED OR RECOVERED AMMUNITION CARTRIDGE CASE THAT IS OF A TYPE
THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK
DATA ENTRY AND CORRELATION IS RELATED TO OR ASSOCIATED WITH THE COMMIS-
SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, SUCH AGENCY SHALL,
AS SOON AS PRACTICABLE, ARRANGE FOR THE BALLISTICS INFORMATION TO BE
SUBMITTED TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK.
7. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS
ANY GUN, SUCH AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL, CALIBER, AND
SERIAL NUMBER OF SUCH GUN INTO THE NATIONAL CRIME INFORMATION CENTER
SYSTEM TO DETERMINE WHETHER SUCH GUN WAS REPORTED STOLEN.
8. THE SUPERINTENDENT MAY ADOPT RULES AND REGULATIONS TO EFFECTUATE
THE PROVISIONS OF THIS SECTION.
§ 3. This act shall take effect July 1, 2021.
