Legislation

Search OpenLegislation Statutes

This entry was published on 2020-01-31
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 233
Municipal gun buyback program
Executive (EXC) CHAPTER 18, ARTICLE 11
§ 233. Municipal gun buyback program. 1. There is hereby established
within the division of the state police a municipal gun buyback program.
Agencies approved by the superintendent may participate subject to
available appropriations and funds in the municipal gun buyback fund
established pursuant to section ninety-seven-cc of the state finance
law.

2. The division of state police shall administer the municipal gun
buyback program and promulgate rules and regulations the superintendent
deems necessary for the implementation of such program. Such rules shall
include, but not be limited to:

(a) the manner in which an agency may apply for funds to support a
municipal gun buyback program and the manner in which such funds will be
allocated and distributed;

(b) guidelines for the safe storage and disposal of firearms, rifles,
shotguns, and ammunition received as part of the program in the
possession of the participating agency, return of any recovered stolen
property to its rightful owner as appropriate, and retention for
evidence of any firearm, rifle, or shotgun suspected to have been used
in a crime;

(c) guidelines for an agency participating in the program to
coordinate with community groups within its jurisdiction; and

(d) guidelines for allowing individuals to surrender firearms, rifles
and shotguns and eligibility for monetary rewards.

3. The provisions of subparagraph (f) of paragraph one of subdivision
a of section 265.20 of the penal law shall apply to any person
voluntarily surrendering a firearm, rifle or shotgun pursuant to this
section.

4. Any agency shall be authorized to develop and implement its own
municipal gun buyback program provided it is otherwise permitted by law
and conforms to the rules and regulations promulgated by the
superintendent and outlined in subdivision two of this section.

5. For purposes of this section "agency" means the police force or
department of any county, city, town, or village or a county sheriff.