STATE OF NEW YORK
________________________________________________________________________
4798
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
___________
Introduced by M. of A. ROSENTHAL, GOTTFRIED, ABINANTI -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law and the state finance law, in relation to
establishing the municipal firearm recovery program and municipal
firearm recovery fund
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 400.15 to
2 read as follows:
3 § 400.15 Municipal firearm recovery program.
4 1. For purposes of this section, the following terms shall have the
5 following meanings:
6 (a) "Agency" means local municipal police departments and the division
7 of state police.
8 (b) "MFRP" means municipal firearm recovery program or any related gun
9 buyback program implemented by municipal police departments or local
10 community organizers.
11 (c) "Gun buyback program" means any program in which firearms,
12 machine-guns or ammunition are purchased by or surrendered to the super-
13 intendent of the division of state police or a member thereof designated
14 by such superintendent, or to a county sheriff, or in the counties of
15 Nassau and Suffolk to the commissioner of police or a member of the
16 police department thereof designated by such commissioner, or to the
17 police commissioner or head of the police force or department of any
18 city, town other than one named in this paragraph, or village thereof or
19 to a member of the force or department designated by such commissioner
20 or head.
21 (d) "Firearm" means any firearm as defined in subdivision three of
22 section 265.00 of this chapter and is in good working order.
23 (e) "Superintendent" means the superintendent of the division of state
24 police.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05420-01-7
A. 4798 2
1 (f) "Secretary" means the secretary of the department of state.
2 (g) "Active law enforcement officer" means any member currently
3 employed in law enforcement or who is authorized to carry a firearm in
4 the course of his or her employment.
5 2. The municipal firearm recovery program ("MFRP") is hereby estab-
6 lished and shall be implemented by the agencies as funds are allocated
7 through the municipal firearm recovery fund established under section
8 ninety-seven-cc of the state finance law. The agency shall:
9 (a) In coordination with the community groups within its jurisdiction,
10 select a location site for purposes of implementing a MFRP; and
11 (b) Designate dates and times when a participating individual may
12 surrender a firearm as defined in paragraph (d) of subdivision one of
13 this section and subdivision three of section 265.00 of this chapter in
14 exchange for funds of a predetermined value on a gift certificate or
15 coupon of equal value as determined by the agency. The participating
16 agency shall determine the amounts to be exchanged for each firearm
17 surrendered. The gun buyback program shall exist for not more than a
18 sixty-day period in any calendar year or shall exist until the funds
19 acquired or received for the purchase of the firearm are exhausted.
20 3. The division of state police, in conjunction with the department of
21 state shall administer this program and promulgate rules and regulations
22 for the implementation of this program. Such rules shall include, but
23 not be limited to:
24 (a) the manner in which the funds will be allocated and distributed;
25 (b) provide guidelines for the safe storage and disposal of recovered
26 weapons in the possession of the participating agency. For purposes of
27 this section, "disposal" shall only include the destruction of the
28 firearms, except that, a stolen weapon shall be returned to its rightful
29 owner on proof of ownership, unless the lawful owner of the firearm is
30 ineligible to possess a firearm under applicable state laws, the entity
31 operating the gun buyback program shall destroy the firearm in compli-
32 ance with this section. However, if it is determined that the firearm
33 was used in a crime after a review under paragraph (d) of this subdivi-
34 sion, it shall be retained for evidence;
35 (c) prohibit active law enforcement officers, as defined in paragraph
36 (g) of subdivision one of this section, from participating in such
37 program;
38 (d) require that the serial number of every firearm obtained by such
39 gun buyback program is checked against the New York Statewide Police
40 Information Network (NYSPIN) records; and
41 (e) promulgate rules and regulations necessary to successfully run
42 such a program.
43 4. Any individual who elects to surrender a firearm anonymously to a
44 MFRP may do so and personal identification shall only be required to be
45 presented for proof of residency.
46 5. Any person participating in a MFRP shall be immune from criminal
47 prosecution for the criminal offenses established by sections 265.01,
48 265.02, 265.03, and 265.05 of this chapter, provided the person is, in
49 good faith, on an immediate, direct route to the predetermined MFRP
50 site.
51 § 2. The state finance law is amended by adding a new section 97-cc to
52 read as follows:
53 § 97-cc. Municipal firearm recovery fund. 1. There is hereby estab-
54 lished, in the joint custody of the superintendent of state police and
55 the secretary of state a fund to be known as the municipal firearm
56 recovery fund.
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1 2. The superintendent and the secretary shall promulgate rules and
2 regulations for the implementation and distribution of this fund and
3 shall seek monies from the general fund to assist municipalities in the
4 firearm recovery program established under section 400.15 of the penal
5 law.
6 3. Additional funding may be acquired by municipalities through
7 donations from private businesses, charities and individuals and may be
8 acquired from the municipality's assets, seizures and forfeiture fund if
9 the municipality possesses such fund.
10 § 3. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law. Effective immediately, the addition, amend-
12 ment and/or repeal of any rule or regulation necessary for the implemen-
13 tation of this act on its effective date is authorized to be made and
14 completed on or before such effective date.