S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6192
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2015
                                      ___________
       Introduced  by M. of A. SCHIMEL, ENGLEBRIGHT, KAVANAGH, LAVINE, SCARBOR-
         OUGH, TITUS, ABINANTI, WRIGHT, CYMBROWITZ,  ROSENTHAL,  STECK,  RAMOS,
         PEOPLES-STOKES,  DAVILA,  RODRIGUEZ,  AUBRY, WEPRIN, ROZIC, DenDEKKER,
         QUART, CRESPO,  MOSLEY,  PICHARDO,  SEPULVEDA,  LENTOL,  BROOK-KRASNY,
         MOYA,  ORTIZ  --  Multi-Sponsored  by  --  M. of A. ARROYO, BENEDETTO,
         BRAUNSTEIN, BRENNAN, CLARK, COLTON, COOK, DINOWITZ, FAHY, GLICK, GOTT-
         FRIED, HEVESI, HOOPER, JAFFEE, LIFTON,  MARKEY,  McKEVITT,  O'DONNELL,
         PAULIN, PERRY, PRETLOW, RA, RIVERA, ROBINSON -- read once and referred
         to the Committee on Codes
       AN  ACT  to  amend the penal law, in relation to requiring semiautomatic
         pistols manufactured or delivered to any licensed dealer in this state
         to be capable of microstamping ammunition
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "crime gun identification act of 2015".
    3    S 2. Legislative findings and intent. The legislature  finds  that  in
    4  2005,  the  national clearance rate for homicide cases was approximately
    5  60% and over 3,000 gun homicide cases went unsolved;  that  in  approxi-
    6  mately half of gun homicide investigations a spent cartridge casing, but
    7  not  a firearm, is recovered at the crime scene; that currently deployed
    8  national ballistic identification systems  cannot  identify  the  serial
    9  number  of  a gun unless the gun itself has been recovered; that firearm
   10  microstamping is a revolutionary forensic technology  that  produces  an
   11  identifiable  alpha-numeric  and  geometric  code  onto  the rear of the
   12  cartridge casing each time a semiautomatic pistol  is  fired;  that  the
   13  alpha-numeric  and  geometric  code on an expended cartridge casing will
   14  provide an initial lead for law enforcement by enabling law  enforcement
   15  to  match the cartridge casing found at a crime to the original owner of
   16  the firearm; that information from completed crime  gun  tracing  is  an
   17  important  element utilized by COMPSTAT and other crime analysis systems
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00385-01-5
       A. 6192                             2
    1  to target illegal firearms trafficking;  that  microstamping  technology
    2  continues  to  produce  identifiable  markings  onto  expended cartridge
    3  casings even after thousands of rounds of testing; that this  additional
    4  tool  will  help  law  enforcement  investigate illegal gun trafficking,
    5  close firearm-related criminal cases and protect the  public;  and  that
    6  legislative action is necessary to require all new semiautomatic pistols
    7  sold after January 1, 2017 to be microstamp-ready.
    8    S  3.  Section  265.00  of  the penal law is amended by adding two new
    9  subdivisions 26 and 27 to read as follows:
   10    26. "MICROSTAMP-READY", WHEN USED WITH REFERENCE  TO  A  SEMIAUTOMATIC
   11  PISTOL,  MEANS  THAT  SUCH  PISTOL  IS  MANUFACTURED TO PRODUCE A UNIQUE
   12  ALPHA-NUMERIC OR GEOMETRIC CODE  ON  AT  LEAST  TWO  LOCATIONS  ON  EACH
   13  EXPENDED  CARTRIDGE  CASE  THAT  IDENTIFIES  THE MAKE, MODEL, AND SERIAL
   14  NUMBER OF THE PISTOL.
   15    27. "MICROSTAMPING COMPONENT OR MECHANISM", WHEN USED  WITH  REFERENCE
   16  TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
   17  DESIGNED  AND  INTENDED  TO  PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC
   18  CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
   19  AL NUMBER OF THE PISTOL.
   20    S 4. Subdivision 6 of section 265.10 of the penal law, as  amended  by
   21  chapter 189 of the laws of 2000, is amended to read as follows:
   22    6. (A) Any person who wilfully defaces any machine-gun, large capacity
   23  ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
   24  COMPONENT OR MECHANISM OF A SEMIAUTOMATIC PISTOL, is guilty of a class D
   25  felony.
   26    (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
   27  TER  WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR DELIVERS
   28  A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR  MECH-
   29  ANISM  OF SUCH PISTOL HAS BEEN DEFACED, IS GUILTY OF A CLASS A MISDEMEA-
   30  NOR. FOR PURPOSES OF THIS SUBDIVISION, DEFACING A  SEMIAUTOMATIC  PISTOL
   31  DOES  NOT  INCLUDE  (1)  MODIFYING  A  SEMIAUTOMATIC PISTOL TO RENDER IT
   32  MICROSTAMP-READY OR (2) REPLACING THE  FIRING  PIN  OF  A  SEMIAUTOMATIC
   33  PISTOL  THAT  IS MICROSTAMP-READY WHEN SUCH PIN IS DAMAGED OR IN NEED OF
   34  REPLACEMENT FOR THE SAFE USE OF SUCH PISTOL, OR REPLACING SUCH PIN FOR A
   35  LEGITIMATE SPORTING PURPOSE.
   36    S 5. The penal law is amended by adding two new  sections  265.38  and
   37  265.39 to read as follows:
   38  S 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
   39    IT SHALL BE UNLAWFUL:
   40    1.  FOR  ANY  DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS
   41  CHAPTER, TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER  A
   42  SEMIAUTOMATIC  PISTOL  MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOU-
   43  SAND SEVENTEEN TO ANY PERSON OTHER THAN A  DEALER  IN  FIREARMS,  UNLESS
   44  SUCH PISTOL IS MICROSTAMP-READY; OR
   45    2.  FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO BE
   46  DELIVERED TO ANY PERSON IN THIS STATE, A SEMIAUTOMATIC  PISTOL  MANUFAC-
   47  TURED  AFTER  JANUARY FIRST, TWO THOUSAND SEVENTEEN, UNLESS THE MANUFAC-
   48  TURER CERTIFIES TO SUCH PERSON AT THE TIME OF SUCH DELIVERY, IN  ACCORD-
   49  ANCE  WITH  RULES  AND  REGULATIONS PROMULGATED BY THE DIVISION OF STATE
   50  POLICE, THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND REGULATIONS
   51  SHALL INCLUDE A REQUIREMENT THAT, AS  PART  OF  THE  CERTIFICATION,  THE
   52  MANUFACTURER  SHALL  PROVIDE  THE  MAKE,  MODEL AND SERIAL NUMBER OF THE
   53  PISTOL.
   54    A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
   55  PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
   56  SALE DEALER OR A  MANUFACTURER,  WHO  VIOLATES  ANY  PROVISION  OF  THIS
       A. 6192                             3
    1  SECTION   AFTER  HAVING  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  ANY
    2  PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
    3  S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
    4    IN  ANY  PROSECUTION  UNDER  SUBDIVISION ONE OF SECTION 265.38 OF THIS
    5  ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER  IN  FIREARMS,  AT
    6  THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
    7  OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
    8    1.  A  CERTIFICATION  FROM  THE  MANUFACTURER OF SUCH PISTOL DELIVERED
    9  PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
   10  PISTOL IS MICROSTAMP-READY; OR
   11    2. AN EXACT COPY OF SUCH  CERTIFICATION  OBTAINED  BY  THE  DEALER  IN
   12  FIREARMS  FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND
   13  REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
   14    THE DIVISION OF STATE POLICE SHALL PROMULGATE  RULES  AND  REGULATIONS
   15  GOVERNING  PROCEDURES  AND  STANDARDS FOR EXACT COPIES OF CERTIFICATIONS
   16  AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
   17  TURER FOR PURPOSES OF THIS SECTION.
   18    S 6. Subdivision 5 of section 265.15 of the penal law, as  amended  by
   19  chapter 695 of the laws of 1987, is amended to read as follows:
   20    5.  The  possession  by  any person of a defaced machine-gun, firearm,
   21  rifle or shotgun is presumptive evidence that such  person  defaced  the
   22  same;  PROVIDED,  HOWEVER,  THAT  THIS  SUBDIVISION  SHALL  NOT APPLY TO
   23  POSSESSION OF  A  SEMIAUTOMATIC  PISTOL  WHERE  THE  DEFACEMENT  ALLEGED
   24  CONSISTS  OF  DEFACING  A  MICROSTAMPING  COMPONENT OR MECHANISM OF SUCH
   25  PISTOL.
   26    S 7. This act shall take effect January 1, 2017, or at such time  that
   27  the  superintendent of the state police has received written notice from
   28  one or more microstamp job shops that such shop or shops are willing and
   29  prepared to produce microstamp structures on two internal surfaces of  a
   30  semiautomatic  pistol  as defined in subdivision 26 of section 265.00 of
   31  the penal law for a price of twelve dollars  or  less  at  a  production
   32  level  of one thousand semiautomatic pistols per batch, whichever occurs
   33  later; provided that the division  of  state  police  shall  notify  the
   34  legislative  bill drafting commission upon the occurrence of the receipt
   35  of the written notice provided for in this section  in  order  that  the
   36  commission  may  maintain  an accurate and timely effective data base of
   37  the official text of the laws of the state of New York in furtherance of
   38  effectuating the provisions of this  act,  and  provided  further,  that
   39  effective  immediately  the  superintendent  of  the  state police shall
   40  promulgate rules and regulations necessary  for  the  implementation  of
   41  this act.