BILL NUMBER: S5274

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring the disposal
of firearms acquired pursuant to a gun buyback program

 
PURPOSE::

To ensure that firearms, and all parts of the firearms, which are
acquired through a gun buyback program, are destroyed and not sold or
transferred

 
SUMMARY OF PROVISIONS::

Section 1 of the bill amends subdivision 5 of section 233 of the Execu-
tive Law and adds two new subdivisions 6 and 7:

Subdivision 6 sets forth the manner in which all agencies participating
in a gun buyback program authorized under this section shall dispose of
all guns, rifles, and firearms purchased.
              

a) Such guns, rifles, and firearms shall be disassembled and destroyed.

b) A video shall be made and stored of such disassembling and
destruction of guns, rifles, and firearms.

c) A log shall be created of all guns, rifles, and firearms processed by
serial and case number.

Such serial and case number shall be easily visible on the video of such
disassembling and destruction of such guns, rifles, and firearms.

d) Such log and video shall be filed with the agency conducting such gun
buyback program and with the Department of Criminal Justice Services.

Subdivision 7 states that no person shall sell or transfer, or modify
for sale or transfer, any firearm, rifle, or shotgun acquired as part of
a gun buyback program authorized under this section.

 
JUSTIFICATION::

The plague of gun violence affects every region in this state - urban,
suburban and rural. Gun buybacks are one tool to get guns off the
streets. The programs are usually funded by the state or a local munici-
pality (although sometimes the funding comes from a not-for-profit) and
are run by local police departments. Firearms are voluntarily sold to a
police department with no questions asked of the seller.

The firearms in buyback programs are supposed to be destroyed and taken
off the streets. Unfortunately, this is not always the case, as exposed
in the shocking December 10, 2023 report by the New York Times:

https://www.nytimes.com/2023/12/10/usiguns-disposal-recycling.html

Rather than being totally destroyed, the guns are separated into usable
parts that are then sold without background checks. Some parts are sold

together as a kit, making it even easier for people to have guns without
scrutiny.

This bill would address this situation by requiring proof that the
entire firearm turned in to a gun buyback is destroyed. This would
include all parts of the firearm - the barrel, trigger, grip, slide,
stock and spring. The bill would eliminate the possibility that parts of
the purchased firearm are sold separately or as a kit. To deter people
from circumventing the law, the bill makes intentional violation of the
law a Class E felony and negligent violation of the law a Class A misde-
meanor.

 
LEGISLATIVE HISTORY::

2013-24: S8775 - Referred to Finance

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

Immediately.