STATE OF NEW YORK
        ________________________________________________________________________
                                          5826
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 16, 2017
                                       ___________
        Introduced by M. of A. JAFFEE -- 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 2017".
     3    § 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
    18  to target illegal firearms trafficking;  that  microstamping  technology
    19  continues  to  produce  identifiable  markings  onto  expended cartridge
    20  casings even after thousands of rounds of testing; that this  additional
    21  tool  will  help  law  enforcement  investigate illegal gun trafficking,
    22  close firearm-related criminal cases and protect the  public;  and  that
    23  legislative action is necessary to require all new semiautomatic pistols
    24  sold after January 1, 2019 to be microstamp-ready.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00042-01-7

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     1    §  3.  Section  265.00  of  the penal law is amended by adding two new
     2  subdivisions 26 and 27 to read as follows:
     3    26.  "Microstamp-ready",  when  used with reference to a semiautomatic
     4  pistol, means that such pistol  is  manufactured  to  produce  a  unique
     5  alpha-numeric  or  geometric  code  on  at  least  two locations on each
     6  expended cartridge case that identifies  the  make,  model,  and  serial
     7  number of the pistol.
     8    27.  "Microstamping  component or mechanism", when used with reference
     9  to a semiautomatic pistol, means a component or mechanism of such pistol
    10  designed and intended to produce a  unique  alpha-numeric  or  geometric
    11  code on an expended cartridge that identifies the make, model, and seri-
    12  al number of the pistol.
    13    §  4.  Subdivision 6 of section 265.10 of the penal law, as amended by
    14  chapter 189 of the laws of 2000, is amended to read as follows:
    15    6. (a) Any person who wilfully defaces any machine-gun, large capacity
    16  ammunition feeding device or firearm, including defacing a microstamping
    17  component or mechanism of a semiautomatic pistol, is guilty of a class D
    18  felony.
    19    (b) Any dealer in firearms licensed under section 400.00 of this chap-
    20  ter who sells, offers for sale, exchanges, gives, transfers or  delivers
    21  a  semiautomatic pistol, knowing that a microstamping component or mech-
    22  anism of such pistol has been defaced, is guilty of a class A  misdemea-
    23  nor.  For  purposes of this subdivision, defacing a semiautomatic pistol
    24  does not include (1) modifying  a  semiautomatic  pistol  to  render  it
    25  microstamp-ready  or  (2)  replacing  the  firing pin of a semiautomatic
    26  pistol that is microstamp-ready when such pin is damaged or in  need  of
    27  replacement for the safe use of such pistol, or replacing such pin for a
    28  legitimate sporting purpose.
    29    §  5.  The  penal law is amended by adding two new sections 265.38 and
    30  265.39 to read as follows:
    31  § 265.38 Microstamping of semiautomatic pistols; penalties.
    32    It shall be unlawful:
    33    1. for any dealer in firearms licensed under section  400.00  of  this
    34  chapter,  to sell, offer for sale, exchange, give, transfer or deliver a
    35  semiautomatic pistol manufactured on or after January first,  two  thou-
    36  sand nineteen to any person other than a dealer in firearms, unless such
    37  pistol is microstamp-ready; or
    38    2.  for any manufacturer or wholesale dealer to deliver or cause to be
    39  delivered to any person in this state, a semiautomatic  pistol  manufac-
    40  tured after January first, two thousand nineteen, unless the manufactur-
    41  er  certifies to such person at the time of such delivery, in accordance
    42  with rules and regulations promulgated by the division of state  police,
    43  that  such  pistol is microstamp-ready. Such rules and regulations shall
    44  include a requirement that, as part of the certification,  the  manufac-
    45  turer shall provide the make, model and serial number of the pistol.
    46    A violation of any provision of this section is a class B misdemeanor;
    47  provided, however, that a person, including a dealer in firearms, whole-
    48  sale  dealer  or  a  manufacturer,  who  violates  any provision of this
    49  section  after  having  previously  been  convicted  of  violating   any
    50  provision of this section is guilty of a class A misdemeanor.
    51  § 265.39 Microstamping of semiautomatic pistols; affirmative defense.
    52    In  any  prosecution  under  subdivision one of section 265.38 of this
    53  article, it is an affirmative defense that the dealer  in  firearms,  at
    54  the time of sale, offer for sale, exchange, giving, transfer or delivery
    55  of the semiautomatic pistol, was in possession of:

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     1    1.  a  certification  from  the  manufacturer of such pistol delivered
     2  pursuant to subdivision two of section 265.38 of this article, that such
     3  pistol is microstamp-ready; or
     4    2.  an  exact  copy  of  such  certification obtained by the dealer in
     5  firearms from such manufacturer in accordance with applicable rules  and
     6  regulations promulgated by the division of state police.
     7    The  division  of  state police shall promulgate rules and regulations
     8  governing procedures and standards for exact  copies  of  certifications
     9  and the obtaining of such copies by a dealer in firearms from a manufac-
    10  turer for purposes of this section.
    11    §  6.  Subdivision 5 of section 265.15 of the penal law, as amended by
    12  chapter 695 of the laws of 1987, is amended to read as follows:
    13    5. The possession by any person of  a  defaced  machine-gun,  firearm,
    14  rifle  or  shotgun  is presumptive evidence that such person defaced the
    15  same; provided, however,  that  this  subdivision  shall  not  apply  to
    16  possession  of  a  semiautomatic  pistol  where  the  defacement alleged
    17  consists of defacing a microstamping  component  or  mechanism  of  such
    18  pistol.
    19    §  7. This act shall take effect January 1, 2019, or at such time that
    20  the superintendent of the state police has received written notice  from
    21  one or more microstamp job shops that such shop or shops are willing and
    22  prepared  to produce microstamp structures on two internal surfaces of a
    23  semiautomatic pistol as defined in subdivision 26 of section  265.00  of
    24  the  penal  law  for  a  price of twelve dollars or less at a production
    25  level of one thousand semiautomatic pistols per batch, whichever  occurs
    26  later;  provided  that  the  division  of  state police shall notify the
    27  legislative bill drafting commission upon the occurrence of the  receipt
    28  of  the  written  notice  provided for in this section in order that the
    29  commission may maintain an accurate and timely effective  data  base  of
    30  the official text of the laws of the state of New York in furtherance of
    31  effectuating  the  provisions  of  this  act, and provided further, that
    32  effective immediately the  superintendent  of  the  state  police  shall
    33  promulgate  rules  and  regulations  necessary for the implementation of
    34  this act.