S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1572
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business  law,  in  relation  to  a  firearm
         ballistic identification databank
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  396-ff to read as follows:
    3    S 396-FF. FIREARM  BALLISTIC  IDENTIFICATION  DATABANK.  (1)  FOR  THE
    4  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
    5  MEANINGS:
    6    (A) "MANUFACTURER" MEANS ANY PERSON, FIRM OR CORPORATION POSSESSING  A
    7  VALID  FEDERAL  LICENSE THAT PERMITS SUCH PERSON, FIRM OR CORPORATION TO
    8  ENGAGE IN THE BUSINESS OF MANUFACTURING FIREARMS OR AMMUNITION  THEREFOR
    9  FOR THE PURPOSE OF SALE OR DISTRIBUTION.
   10    (B) "SHELL CASING" MEANS THAT PART OF AMMUNITION CAPABLE OF BEING USED
   11  IN A FIREARM THAT CONTAINS THE PRIMER AND PROPELLANT POWDER TO DISCHARGE
   12  THE BULLET OR PROJECTILE.
   13    (C)  "FIREARM"  MEANS A PISTOL, REVOLVER, OR ASSAULT WEAPON AS DEFINED
   14  IN SECTION 265.00 OF THE PENAL LAW, RIFLE, OR OTHER LONG-BARRELED  WEAP-
   15  ON.
   16    (2)  ANY  MANUFACTURER THAT SHIPS, TRANSPORTS OR DELIVERS A FIREARM TO
   17  ANY PERSON IN THIS STATE SHALL, IN ACCORDANCE WITH RULES AND REGULATIONS
   18  PROMULGATED BY THE DIVISION OF STATE POLICE, INCLUDE  IN  THE  CONTAINER
   19  WITH SUCH FIREARM A SEPARATE SEALED CONTAINER THAT ENCLOSES:
   20    (A)  A  SHELL  CASING  OF  A BULLET OR PROJECTILE DISCHARGED FROM SUCH
   21  FIREARM; AND
   22    (B) ANY ADDITIONAL INFORMATION THAT IDENTIFIES SUCH FIREARM AND  SHELL
   23  CASING AS REQUIRED BY SUCH RULES AND REGULATIONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06234-01-3
       S. 1572                             2
    1    (3)  A  GUNSMITH  OR  DEALER IN FIREARMS LICENSED IN THIS STATE SHALL,
    2  WITHIN TEN DAYS OF THE RECEIPT OF ANY FIREARM FROM A  MANUFACTURER  THAT
    3  FAILS  TO  COMPLY WITH THE PROVISIONS OF THIS SECTION, EITHER (A) RETURN
    4  SUCH FIREARM TO SUCH MANUFACTURER, OR (B) NOTIFY THE DIVISION  OF  STATE
    5  POLICE  OF  SUCH NONCOMPLIANCE AND THEREAFTER OBTAIN A SUBSTITUTE SEALED
    6  CONTAINER THROUGH PARTICIPATION IN  A  PROGRAM  OPERATED  BY  THE  STATE
    7  POLICE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
    8    (4)  THE  DIVISION  OF STATE POLICE SHALL NO LATER THAN OCTOBER FIRST,
    9  TWO THOUSAND THIRTEEN, PROMULGATE RULES AND REGULATIONS FOR  THE  OPERA-
   10  TION  OF  A  PROGRAM  WHICH  PROVIDES A GUNSMITH OR A DEALER IN FIREARMS
   11  LICENSED IN THIS STATE WITH A SEALED CONTAINER ENCLOSING THE ITEMS SPEC-
   12  IFIED IN SUBDIVISION TWO OF THIS SECTION. THE PROGRAM SHALL AT  A  MINI-
   13  MUM:
   14    (A) BE OPERATIONAL BY JANUARY FIRST, TWO THOUSAND FOURTEEN;
   15    (B) OPERATE IN AT LEAST FIVE REGIONAL LOCATIONS WITHIN THE STATE; AND
   16    (C)  SPECIFY PROCEDURES BY WHICH SUCH GUNSMITH OR DEALER IS TO DELIVER
   17  A FIREARM TO THE REGIONAL PROGRAM LOCATION CLOSEST TO HIS OR  HER  PLACE
   18  OF BUSINESS FOR TESTING AND PROMPT RETURN OF SUCH FIREARM.
   19    (5)  A  GUNSMITH  OR  DEALER IN FIREARMS LICENSED IN THIS STATE SHALL,
   20  WITHIN TEN DAYS OF DELIVERING TO ANY PERSON A FIREARM RECEIVED  BY  SUCH
   21  GUNSMITH OR DEALER IN FIREARMS, FORWARD TO THE DIVISION OF STATE POLICE,
   22  ALONG  WITH  THE  ORIGINAL  TRANSACTION  REPORT  REQUIRED BY SUBDIVISION
   23  TWELVE OF SECTION 400.00 OF THE PENAL LAW, THE SEALED CONTAINER  ENCLOS-
   24  ING  THE  SHELL  CASING  FROM  SUCH FIREARM EITHER (A) RECEIVED FROM THE
   25  MANUFACTURER, OR (B) OBTAINED THROUGH PARTICIPATION IN THE PROGRAM OPER-
   26  ATED BY THE DIVISION OF STATE POLICE IN ACCORDANCE WITH SUBDIVISION FOUR
   27  OF THIS SECTION.
   28    (6) UPON RECEIPT OF THE SEALED CONTAINER, THE DIVISION OF STATE POLICE
   29  SHALL CAUSE TO BE ENTERED IN AN AUTOMATED ELECTRONIC DATABANK  PERTINENT
   30  DATA  AND  OTHER BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE
   31  SHELL CASING AND TO THE FIREARM FROM WHICH IT WAS DISCHARGED.  THE AUTO-
   32  MATED ELECTRONIC DATABANK WILL BE OPERATED AND MAINTAINED BY  THE  DIVI-
   33  SION  OF  STATE  POLICE,  IN  ACCORDANCE  WITH ITS RULES AND REGULATIONS
   34  ADOPTED AFTER CONSULTATION WITH THE FEDERAL BUREAU OF INVESTIGATION  AND
   35  THE  UNITED  STATES  DEPARTMENT  OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO,
   36  FIREARMS AND EXPLOSIVES TO ENSURE COMPATIBILITY WITH NATIONAL  BALLISTIC
   37  TECHNOLOGY.
   38    (7)  ANY PERSON, FIRM OR CORPORATION WHO KNOWINGLY VIOLATES ANY OF THE
   39  PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE AS
   40  PROVIDED IN THE PENAL LAW. ANY PERSON, FIRM OR CORPORATION WHO KNOWINGLY
   41  VIOLATES ANY OF THE PROVISIONS OF THIS SECTION AFTER HAVING BEEN  PREVI-
   42  OUSLY  CONVICTED  OF  A  VIOLATION  OF THIS SECTION SHALL BE GUILTY OF A
   43  CLASS A MISDEMEANOR, PUNISHABLE AS PROVIDED IN THE PENAL LAW.
   44    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   45  have become a law.