§ 230. Gun trafficking interdiction program. 1. There is hereby
created within the division of criminal justice services a gun
trafficking interdiction program to be administered by the commissioner
of the division of criminal justice services to distribute funds in
accordance with the provisions of this section for the purpose of
interdicting guns and components of guns illegally entering New York
with a focus on those "supplier" states from which substantial numbers
of guns illegally enter this state.

2. The superintendent of the division of state police, in cooperation
with the United States department of treasury, bureau of alcohol,
tobacco and firearms and district attorneys in New York state, shall
develop and implement a strategy for the interdiction of guns illegally
entering New York from supplier states. The strategy shall include
identifying and prosecuting gun traffickers and suppliers of such guns
who may be violating federal, state or local laws, and cooperating with
the United States department of treasury, bureau of alcohol, tobacco and
firearms and appropriate prosecutorial agencies and law enforcement
agencies in supplier states in the investigation and enforcement of such
laws. District attorneys are authorized to enter into collaborative
agreements with prosecutorial and other governmental agencies and
entities in supplier states in an effort to stop the movement of illegal
guns into New York.

3. The commissioner of the division of criminal justice services shall
award grant monies to district attorneys for programs which are designed
to interdict the flow of illegal guns across New York state borders. In
order to qualify for such grant monies, a district attorney must submit
an application to the commissioner of the division of criminal justice
services in accordance with guidelines prescribed by the division of
criminal justice services. The application shall identify a strategy and
implementation plan for preventing the entry of illegal guns across New
York's borders. Funds awarded under this section shall not be used to
supplant federal, state or local funds. No more than fifty percent of
the funds available pursuant to this section in any one fiscal year
shall be awarded for programs within a single city, county, town or
village.

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
commission 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 as an abandoned or discarded gun, the 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
the agency has taken possession of such gun. Every report made to the
criminal gun clearinghouse will result in the prompt submission of a
request to the national tracing center of the bureau of alcohol,
tobacco, firearms and explosives to trace the movement of the subject
gun and such federal agency will be requested to provide the results of
such a trace to the superintendent of the division of state police and
to the law enforcement agency that submitted the clearinghouse report.

5. 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 reports among all
law enforcement agencies in the state on a reciprocal basis.

6. (a) The division of state police, in consultation with the division
of criminal justice services, shall publish quarterly reports on their
respective websites with information related to firearms, rifles and
shotguns used in the commission of crimes in the state of New York,
including but not limited to, information pertaining to the county and
state of origin of the firearm, rifle or shotgun, the county and state
where the firearm, rifle or shotgun was purchased, whether the firearm,
rifle or shotgun was purchased by the perpetrator of the crime or by
another individual, and whether the perpetrator had a license or permit
to possess such firearm, rifle or shotgun.

(b) Each political subdivision, municipality, commission, agency,
office, department, board and division in the state, to the extent not
inconsistent with other provisions of law, shall cooperate fully with
the division of state police and the division of criminal justice
services and shall furnish such information and assistance, in the form
and manner specified by the division of state police and the division of
criminal justice services, as may be required in the performance of
their function under this subdivision. If such information is not
readily available or accessible, the relevant local law enforcement
agency will make efforts to obtain such information, including but not
limited to the reporting requirements set forth in subdivision five of
this section. Such information shall be provided to the extent allowable
by federal, state or any other applicable law.

7. (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 or associated
with the commission of a crime, or is recovered by the agency as an
abandoned or discarded gun, the agency shall arrange for every such gun
that is determined to be suitable for test-firing and of a type that is
eligible for national integrated ballistic information network data
entry and correlation to be test-fired as soon as practicable, and the
results of that test-firing shall be submitted forthwith to the national
integrated ballistic information network to determine whether the gun is
associated 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 recovers any
ammunition cartridge case that is of a type that is eligible for
national integrated ballistic information network data entry and
correlation at a crime scene, or has reason to believe that such
recovered ammunition cartridge case is related to or associated with the
commission of a crime or the unlawful discharge of a gun, the agency
shall, as soon as practicable, arrange for the ballistics information to
be submitted to the national integrated ballistic information network.

8. Whenever a state or local law enforcement agency seizes or recovers
any gun, the agency shall promptly enter the make, model, caliber, and
serial number of the gun into the national crime information center
(NCIC) system to determine whether the gun was reported stolen.

9. The superintendent may adopt rules and regulations to effectuate
the provisions of this section.