STATE OF NEW YORK
        ________________________________________________________________________
                                          3152
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law, in relation to the assembly of  firearms;
          and to amend the state finance law, in relation to the creation of the
          dealers'  record  of  sale  account and the gun violence family relief
          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 Assembly of firearms.
     4    1. As used in this section, "manufacturing" or "assembling" a  firearm
     5  means to fabricate or construct a firearm, or to fit together the compo-
     6  nent parts of a firearm to construct a firearm.
     7    2.  (a)  A  person  shall  apply to the division of state police for a
     8  unique serial number or other mark of identification pursuant to  subdi-
     9  vision  three  of  this  section  prior to manufacturing or assembling a
    10  firearm.
    11    (b) Within one day of manufacturing  or  assembling  a  firearm,  such
    12  person  shall  engrave  or permanently affix the unique serial number or
    13  other mark of identification provided by the division of state police to
    14  such firearm in a manner that meets or exceeds the requirements  imposed
    15  on licensed importers and licensed manufacturers of firearms pursuant to
    16  subsection (i) of section nine hundred twenty-three of title eighteen of
    17  the United States Code and regulations issued pursuant thereto.
    18    (c)  After  the serial number provided by the division of state police
    19  is engraved or otherwise permanently affixed to the firearm, such person
    20  shall notify the division of that fact in a manner  and  within  a  time
    21  period  specified  by  the division of state police, and with sufficient
    22  information to identify the owner of  the  firearm,  the  unique  serial
    23  number  or  mark  of  identification  provided  by the division of state
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06269-01-9

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     1  police, and the firearm in a manner prescribed by the division of  state
     2  police.
     3    3.  (a)  The  division of state police shall accept applications from,
     4  and shall grant applications in the form of serial  numbers  to  persons
     5  who wish to manufacture or assemble firearms pursuant to subdivision two
     6  of  this  section. Such application shall be promulgated by the division
     7  of state police.
     8    (b) An application made pursuant to paragraph (a) of this  subdivision
     9  shall  only be granted by the division of state police if such applicant
    10  meets the following criteria:
    11    (i) Be eighteen years of age or older;
    12    (ii) Pass a national instant criminal  background  check  and  not  be
    13  otherwise  prohibited  from  possessing  a  firearm by federal, state or
    14  local law;
    15    (iii) Have a valid license issued pursuant to section 400.00  of  this
    16  article; and
    17    (iv)  Provide  proof  in  a manner prescribed by the division of state
    18  police that the manufacture or assembly of the  firearm  for  which  the
    19  application  is submitted is in compliance with federal, state and local
    20  laws and regulations.
    21    (c) The division of state  police  shall  inform  applicants  who  are
    22  denied  an  application  of the reasons for the denial in writing within
    23  fifteen days of such denial.
    24    4. The division of state police shall keep a record of all persons who
    25  receive a unique serial number or other  mark  pursuant  to  subdivision
    26  three  of  this  section and the information submitted pursuant to para-
    27  graph (c) of subdivision two of this section in  the  statewide  license
    28  and record database created and maintained pursuant to section 400.02 of
    29  this article.
    30    5.  The  division  of  state  police may charge a fee of three hundred
    31  fifty dollars for processing applications and assigning  serial  numbers
    32  pursuant  to  subdivision three of this section. Seventy percent of such
    33  fee shall be deposited in the dealers' record  of  sale  account  estab-
    34  lished  pursuant  to  section ninety-four-c of the state finance law and
    35  thirty percent of such fee shall be deposited in the gun violence family
    36  relief fund established pursuant to section ninety-nine-ff of the  state
    37  finance law.
    38    6.  (a) The sale or transfer of ownership of a firearm manufactured or
    39  assembled pursuant to this section is prohibited.
    40    (b) No person shall knowingly allow, facilitate, aid or abet the manu-
    41  facture or assembly of a firearm pursuant to this section  by  a  person
    42  who  is  prohibited from possessing a firearm pursuant to federal, state
    43  or local law.
    44    7. (a) A violation of the provisions of this section shall be punisha-
    45  ble by imprisonment not to exceed six months, or by a fine not to exceed
    46  one thousand dollars, or by both, unless such manufactured or  assembled
    47  firearm  is  an  assault  weapon as defined in subdivision twenty-two of
    48  section 265.00 of this chapter.
    49    (b) A violation of the provisions of this section involving an assault
    50  weapon, as defined in subdivision twenty-two of section 265.00  of  this
    51  chapter,  shall be punishable by imprisonment not to exceed one year, or
    52  by a fine not to exceed one thousand dollars, or by both.
    53    8. The superintendent of the division of state police shall promulgate
    54  rules and regulations necessary to administer this section.

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     1    9. This section shall not apply to a firearm that has a serial  number
     2  assigned  to  it  pursuant to chapter fifty-three of title twenty-six of
     3  the United States Code and the regulations issued pursuant thereto.
     4    10.  Nothing  in  this  section  shall  be deemed to affect, impair or
     5  supersede the provisions and  requirements  of  this  chapter  otherwise
     6  applicable to firearms.
     7    §  2. The state finance law is amended by adding a new section 94-c to
     8  read as follows:
     9    § 94-c. Dealers' record of sale account. 1.  There  is  hereby  estab-
    10  lished  in the joint custody of the commissioner of taxation and finance
    11  and the comptroller a fund to be known as the "dealers' record  of  sale
    12  account".
    13    2.  The  dealers'  record  of  sale  account  shall  consist of moneys
    14  received by the state pursuant to subdivision five of section 400.15  of
    15  the penal law and deposited in the account pursuant to such subdivision.
    16    3.  Moneys of the fund, following appropriation by the legislature and
    17  allocation by the director of the budget, shall be  made  available  for
    18  the  state  operation expenses of the division of state police including
    19  the actual costs associated with processing applications and assigning a
    20  distinguishing number or mark to firearms pursuant to section 400.15  of
    21  the  penal  law  and  the  operation of the statewide license and record
    22  database created and maintained pursuant to section 400.02 of the  penal
    23  law.
    24    4.  The  superintendent of state police, no later than March fifteenth
    25  of each year, shall furnish to the governor, the speaker of the assembly
    26  and the temporary president of  the  senate,  a  report  detailing  each
    27  programmatic  component  associated  with  processing  applications  and
    28  assigning a distinguishing  number  or  mark  to  firearms  pursuant  to
    29  section 400.15 of the penal law for the previous year.
    30    § 3. The state finance law is amended by adding a new section 99-ff to
    31  read as follows:
    32    §  99-ff.  Gun  violence family relief fund. 1. There is hereby estab-
    33  lished in the joint custody of the commissioner of taxation and  finance
    34  and  the  comptroller  a  fund  to  be known as the "gun violence family
    35  relief fund".
    36    2. The gun  violence  family  relief  fund  shall  consist  of  moneys
    37  received  by the state pursuant to subdivision five of section 400.15 of
    38  the penal law and deposited in the account pursuant to such subdivision.
    39  Nothing contained in this section shall prevent the state from receiving
    40  grants, gifts or bequests for the purposes of the  fund  as  defined  in
    41  this section and depositing them into the fund according to law.
    42    3. On or before the first of February each year, the comptroller shall
    43  certify  to  the governor, temporary president of the senate, speaker of
    44  the assembly, chair of the senate finance committee  and  chair  of  the
    45  assembly  ways and means committee, the amount of money deposited in the
    46  gun violence family relief fund during the preceding  calendar  year  as
    47  the  result  of  revenue derived pursuant to subdivision five of section
    48  400.15 of the penal law and from grants, gifts and bequests.
    49    4. On or before the first of February each year, the  commissioner  of
    50  health  shall provide a written report to the temporary president of the
    51  senate, speaker of the assembly, chair of the senate finance  committee,
    52  chair  of  the  assembly  ways  and means committee, chair of the senate
    53  committee on health, chair of the assembly health committee,  the  state
    54  comptroller  and the public. Such report shall include how the moneys of
    55  the fund were utilized during the preceding  calendar  year,  and  shall
    56  include:

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     1    (i)  the amount of money disbursed from the fund and the award process
     2  used for such disbursements;
     3    (ii) recipients of awards from the fund;
     4    (iii) the amount awarded to each;
     5    (iv) the purposes for which such awards were granted; and
     6    (v) a summary financial plan for such moneys which shall include esti-
     7  mates of all receipts and all disbursements for the current and succeed-
     8  ing  fiscal  years,  along with the actual results from the prior fiscal
     9  year.
    10    5. Moneys of the fund shall be expended only to assist  families  with
    11  housing,  education  and nutrition assistance in cases where a parent is
    12  killed in a gun violence  incident  and  to  assist  families  of  child
    13  victims  of  guns violence with grievance therapy or legal fees approved
    14  by the New York state department of health.
    15    6. Moneys shall be payable from the fund on the audit and  warrant  of
    16  the  comptroller  on vouchers approved and certified by the commissioner
    17  of health.
    18    7. To the extent practicable, the commissioner of health shall  ensure
    19  that  all moneys received during a fiscal year are expended prior to the
    20  end of that fiscal year.
    21    § 4. This act shall take effect on the ninetieth day  after  it  shall
    22  have  become  a  law.    Effective  immediately, the addition, amendment
    23  and/or repeal of any rule or regulation necessary for the implementation
    24  of this act on its effective date are authorized and directed to be made
    25  and completed on or before such effective date.