STATE OF NEW YORK
________________________________________________________________________
9658
IN ASSEMBLY
March 28, 2022
___________
Introduced by M. of A. EPSTEIN, BENEDETTO, DINOWITZ, PEOPLES-STOKES,
WILLIAMS, SAYEGH, TAYLOR, SIMON, GOTTFRIED, SEAWRIGHT -- read once and
referred to the Committee on Codes
AN ACT to amend the general business law and the penal law, in relation
to establishing a statewide database to maintain and track coded ammu-
nition and establishing penalties for individuals who violate such
provisions; and to amend the state finance law, in relation to estab-
lishing the ammunition coding system database fund
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Legislative findings. The legislature hereby finds that
2 each year in the United States more than thirty percent of all homicides
3 involving a gun go unsolved. Handgun ammunition accounts for approxi-
4 mately eighty percent of all ammunition sold within the United States.
5 Current technology for matching a bullet used in a crime to the gun that
6 fired it has worked moderately well for years, but presupposes that the
7 weapon was recovered by law enforcement. Ammunition coding is a new and
8 effective way for law enforcement to quickly identify persons of inter-
9 est in gun crime investigations.
10 § 2. The general business law is amended by adding a new section 396-
11 gg to read as follows:
12 § 396-gg. Ammunition coding system database. 1. The division of crimi-
13 nal justice services is responsible for establishing and maintaining an
14 ammunition coding system database containing information from the
15 following:
16 a. The manufacturer registry. (i) Every manufacturer shall register
17 with the division of criminal justice services in a manner prescribed by
18 the division, and shall maintain records on the business premises for a
19 period of seven years concerning all sales, loans, and transfers of
20 ammunition to, from, or within the state.
21 (ii) Every manufacturer shall code any ammunition for handguns and
22 assault weapons sold or manufactured after January first, two thousand
23 twenty-two.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05341-01-1
A. 9658 2
1 b. The vendor registry. Every vendor of ammunition shall register with
2 the division of criminal justice services in a manner prescribed by the
3 division, and shall record the following information in a format
4 prescribed by the division:
5 (i) the date of the transaction;
6 (ii) the name of the transferee;
7 (iii) the purchaser's driver's license number or other government
8 issued identification card number;
9 (iv) the date of birth of the purchaser;
10 (v) the unique identifier of all handgun ammunition or bullets trans-
11 ferred; and
12 (vi) any other information determined necessary by the division.
13 Every vendor shall maintain these records on their premises for a
14 period of at least three years from the date of the recorded purchase.
15 2. To the greatest extent possible or practical, the ammunition coding
16 system database shall be built within the framework of existing firearms
17 databases. The ammunition coding system database shall be operational no
18 later than January first, two thousand twenty-three.
19 3. Privacy of individuals is of the utmost importance. Access to
20 information in the ammunition coding system database is reserved for key
21 law enforcement personnel and to be released only in connection with a
22 criminal investigation.
23 4. The cost of maintaining the database shall be funded by the ammuni-
24 tion coding system database fund established pursuant to section nine-
25 ty-one-e of the state finance law. Vendors shall charge an additional
26 $.005 per bullet or round of ammunition to the purchaser. Such moneys
27 shall be deposited into the fund.
28 5. Any person in possession of non-coded ammunition must dispose of
29 such ammunition no later than January first, two thousand twenty-four.
30 6. a. Any manufacturer that willfully fails to comply with the
31 provisions of this section shall be subject to a fine of up to one thou-
32 sand dollars for a first offense; a fine of up to five thousand dollars
33 for a second offense; and a fine of up to ten thousand dollars for a
34 third and each subsequent offense.
35 b. Any vendor that willfully fails to comply with the provisions of
36 this section shall be subject to a fine of up to one thousand dollars
37 for a first offense; a fine of up to two thousand dollars for a second
38 offense; and a fine of up to five thousand dollars for a third and each
39 subsequent offense. In addition to any fine imposed pursuant to this
40 section, a vendor may be subject to a term of imprisonment of less than
41 one year for each violation.
42 7. For purposes of this section, "coded ammunition" means a bullet
43 carrying a unique identifier that has been applied by etching onto the
44 base of the bullet projectile.
45 § 3. The penal law is amended by adding a new section 265.60 to read
46 as follows:
47 § 265.60 Unlawful sale or possession of uncoded ammunition.
48 A person is guilty of unlawful sale of uncoded ammunition when he or
49 she:
50 1. sells any ammunition that has not been coded pursuant to section
51 three hundred ninety-six-gg of the general business law; or
52 2. possesses any ammunition that is uncoded, or the code of which has
53 been rendered unreadable.
54 Unlawful sale or possession of uncoded ammunition is a class A misde-
55 meanor.
A. 9658 3
1 § 4. The state finance law is amended by adding a new section 91-e to
2 read as follows:
3 § 91-e. Ammunition coding system database fund. 1. There is hereby
4 created in the joint custody of the comptroller and the commissioner of
5 taxation and finance, a fund to be known as the ammunition coding system
6 database fund.
7 2. The fund shall consist of all moneys collected pursuant to section
8 three hundred ninety-six-gg of the general business law, or any other
9 money appropriated to the fund by law.
10 3. The moneys of the fund shall be used to establish and maintain the
11 ammunition coding system database created pursuant to section three
12 hundred ninety-six-gg of the general business law.
13 4. Moneys shall be payable from the fund on the audit and warrant of
14 the state comptroller on vouchers approved and certified by the director
15 of the division of criminal justice services.
16 § 5. This act shall take effect on the ninetieth day after it shall
17 have become a law.