S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2573
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2015
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business  law,  in  relation  to  a  firearm
         ballistic identification databank
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  396-ff to read as follows:
    3    S 396-FF. FIREARM  BALLISTIC  IDENTIFICATION  DATABANK.  (1)  FOR  THE
    4  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
    5  MEANINGS:
    6    (A) "MANUFACTURER" MEANS ANY PERSON, FIRM OR CORPORATION POSSESSING  A
    7  VALID  FEDERAL  LICENSE THAT PERMITS SUCH PERSON, FIRM OR CORPORATION TO
    8  ENGAGE IN THE BUSINESS OF MANUFACTURING FIREARMS OR AMMUNITION  THEREFOR
    9  FOR THE PURPOSE OF SALE OR DISTRIBUTION.
   10    (B) "SHELL CASING" MEANS THAT PART OF AMMUNITION CAPABLE OF BEING USED
   11  IN A FIREARM THAT CONTAINS THE PRIMER AND PROPELLANT POWDER TO DISCHARGE
   12  THE BULLET OR PROJECTILE.
   13    (C)  "FIREARM"  MEANS A PISTOL, REVOLVER, OR ASSAULT WEAPON AS DEFINED
   14  IN SECTION 265.00 OF THE PENAL LAW, RIFLE, OR OTHER LONG-BARRELED  WEAP-
   15  ON.
   16    (2)  ANY  MANUFACTURER THAT SHIPS, TRANSPORTS OR DELIVERS A FIREARM TO
   17  ANY PERSON IN THIS STATE SHALL, IN ACCORDANCE WITH RULES AND REGULATIONS
   18  PROMULGATED BY THE DIVISION OF STATE POLICE, INCLUDE  IN  THE  CONTAINER
   19  WITH SUCH FIREARM A SEPARATE SEALED CONTAINER THAT ENCLOSES:
   20    (A)  A  SHELL  CASING  OF  A BULLET OR PROJECTILE DISCHARGED FROM SUCH
   21  FIREARM; AND
   22    (B) ANY ADDITIONAL INFORMATION THAT IDENTIFIES SUCH FIREARM AND  SHELL
   23  CASING AS REQUIRED BY SUCH RULES AND REGULATIONS.
   24    (3)  A  GUNSMITH  OR  DEALER IN FIREARMS LICENSED IN THIS STATE SHALL,
   25  WITHIN TEN DAYS OF THE RECEIPT OF ANY FIREARM FROM A  MANUFACTURER  THAT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06477-01-5
       S. 2573                             2
    1  FAILS  TO  COMPLY WITH THE PROVISIONS OF THIS SECTION, EITHER (A) RETURN
    2  SUCH FIREARM TO SUCH MANUFACTURER, OR (B) NOTIFY THE DIVISION  OF  STATE
    3  POLICE  OF  SUCH NONCOMPLIANCE AND THEREAFTER OBTAIN A SUBSTITUTE SEALED
    4  CONTAINER  THROUGH  PARTICIPATION  IN  A  PROGRAM  OPERATED BY THE STATE
    5  POLICE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
    6    (4) THE DIVISION OF STATE POLICE SHALL NO LATER  THAN  OCTOBER  FIRST,
    7  TWO THOUSAND SIXTEEN, PROMULGATE RULES AND REGULATIONS FOR THE OPERATION
    8  OF  A PROGRAM WHICH PROVIDES A GUNSMITH OR A DEALER IN FIREARMS LICENSED
    9  IN THIS STATE WITH A SEALED CONTAINER ENCLOSING THE ITEMS  SPECIFIED  IN
   10  SUBDIVISION TWO OF THIS SECTION. THE PROGRAM SHALL AT A MINIMUM:
   11    (A) BE OPERATIONAL BY JANUARY FIRST, TWO THOUSAND SEVENTEEN;
   12    (B) OPERATE IN AT LEAST FIVE REGIONAL LOCATIONS WITHIN THE STATE; AND
   13    (C)  SPECIFY PROCEDURES BY WHICH SUCH GUNSMITH OR DEALER IS TO DELIVER
   14  A FIREARM TO THE REGIONAL PROGRAM LOCATION CLOSEST TO HIS OR  HER  PLACE
   15  OF BUSINESS FOR TESTING AND PROMPT RETURN OF SUCH FIREARM.
   16    (5)  A  GUNSMITH  OR  DEALER IN FIREARMS LICENSED IN THIS STATE SHALL,
   17  WITHIN TEN DAYS OF DELIVERING TO ANY PERSON A FIREARM RECEIVED  BY  SUCH
   18  GUNSMITH OR DEALER IN FIREARMS, FORWARD TO THE DIVISION OF STATE POLICE,
   19  ALONG  WITH  THE  ORIGINAL  TRANSACTION  REPORT  REQUIRED BY SUBDIVISION
   20  TWELVE OF SECTION 400.00 OF THE PENAL LAW, THE SEALED CONTAINER  ENCLOS-
   21  ING  THE  SHELL  CASING  FROM  SUCH FIREARM EITHER (A) RECEIVED FROM THE
   22  MANUFACTURER, OR (B) OBTAINED THROUGH PARTICIPATION IN THE PROGRAM OPER-
   23  ATED BY THE DIVISION OF STATE POLICE IN ACCORDANCE WITH SUBDIVISION FOUR
   24  OF THIS SECTION.
   25    (6) UPON RECEIPT OF THE SEALED CONTAINER, THE DIVISION OF STATE POLICE
   26  SHALL CAUSE TO BE ENTERED IN AN AUTOMATED ELECTRONIC DATABANK  PERTINENT
   27  DATA  AND  OTHER BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE
   28  SHELL CASING AND TO THE FIREARM FROM WHICH IT WAS DISCHARGED.  THE AUTO-
   29  MATED ELECTRONIC DATABANK WILL BE OPERATED AND MAINTAINED BY  THE  DIVI-
   30  SION  OF  STATE  POLICE,  IN  ACCORDANCE  WITH ITS RULES AND REGULATIONS
   31  ADOPTED AFTER CONSULTATION WITH THE FEDERAL BUREAU OF INVESTIGATION  AND
   32  THE  UNITED  STATES  DEPARTMENT  OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO,
   33  FIREARMS AND EXPLOSIVES TO ENSURE COMPATIBILITY WITH NATIONAL  BALLISTIC
   34  TECHNOLOGY.
   35    (7)  ANY PERSON, FIRM OR CORPORATION WHO KNOWINGLY VIOLATES ANY OF THE
   36  PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE AS
   37  PROVIDED IN THE PENAL LAW. ANY PERSON, FIRM OR CORPORATION WHO KNOWINGLY
   38  VIOLATES ANY OF THE PROVISIONS OF THIS SECTION AFTER HAVING BEEN  PREVI-
   39  OUSLY  CONVICTED  OF  A  VIOLATION  OF THIS SECTION SHALL BE GUILTY OF A
   40  CLASS A MISDEMEANOR, PUNISHABLE AS PROVIDED IN THE PENAL LAW.
   41    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   42  have become a law.