S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3244
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M. of A. SCHIMEL, ENGLEBRIGHT, KAVANAGH, LAVINE, GIBSON,
         SCARBOROUGH, TITUS, ABINANTI, WRIGHT, HEASTIE,  AUBRY  --  Multi-Spon-
         sored  by  --  M. of A. BRENNAN, CLARK, COLTON, COOK, DINOWITZ, GLICK,
         GOTTFRIED, HEVESI, HOOPER,  JACOBS,  JAFFEE,  MARKEY,  PAULIN,  PERRY,
         PRETLOW,  RA, WEISENBERG -- 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 2013".
    3    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01084-02-3
       A. 3244                             2
    1  tool will help law  enforcement  investigate  illegal  gun  trafficking,
    2  close  firearm-related  criminal  cases and protect the public; and that
    3  legislative action is necessary to require all new semiautomatic pistols
    4  sold after January 1, 2015 to be microstamp-ready.
    5    S  3.  Section  265.00  of  the penal law is amended by adding two new
    6  subdivisions 24 and 25 to read as follows:
    7    24. "MICROSTAMP-READY," WHEN USED WITH REFERENCE  TO  A  SEMIAUTOMATIC
    8  PISTOL,  MEANS  THAT  SUCH  PISTOL  IS  MANUFACTURED TO PRODUCE A UNIQUE
    9  ALPHA-NUMERIC OR GEOMETRIC CODE  ON  AT  LEAST  TWO  LOCATIONS  ON  EACH
   10  EXPENDED  CARTRIDGE  CASE  THAT  IDENTIFIES  THE MAKE, MODEL, AND SERIAL
   11  NUMBER OF THE PISTOL.
   12    25. "MICROSTAMPING COMPONENT OR MECHANISM," WHEN USED  WITH  REFERENCE
   13  TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
   14  DESIGNED  AND  INTENDED  TO  PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC
   15  CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
   16  AL NUMBER OF THE PISTOL.
   17    S 4. Subdivision 6 of section 265.10 of the penal law, as  amended  by
   18  chapter 189 of the laws of 2000, is amended to read as follows:
   19    6. (A) Any person who wilfully defaces any machine-gun, large capacity
   20  ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
   21  COMPONENT  OR MECHANISM OF A SEMIAUTOMATIC PISTOL AS DESCRIBED IN SUBDI-
   22  VISION TWENTY-FIVE OF SECTION 265.00 OF THIS ARTICLE,  is  guilty  of  a
   23  class D felony.
   24    (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
   25  TER  WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR DELIVERS
   26  A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR  MECH-
   27  ANISM  OF SUCH PISTOL AS DESCRIBED IN SUBDIVISION TWENTY-FIVE OF SECTION
   28  265.00 OF THIS ARTICLE HAS BEEN DEFACED, IS GUILTY OF A CLASS  A  MISDE-
   29  MEANOR.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  DEFACING A SEMIAUTOMATIC
   30  PISTOL DOES NOT INCLUDE (1) MODIFYING A SEMIAUTOMATIC PISTOL  TO  RENDER
   31  IT  MICROSTAMP-READY  IN  ACCORDANCE  WITH THE PROVISIONS OF SUBDIVISION
   32  TWENTY-FOUR OF SECTION 265.00 OF  THIS  ARTICLE  OR  (2)  REPLACING  THE
   33  FIRING  PIN OF A SEMIAUTOMATIC PISTOL THAT IS MICROSTAMP-READY WHEN SUCH
   34  PIN IS DAMAGED OR IN NEED OF  REPLACEMENT  FOR  THE  SAFE  USE  OF  SUCH
   35  PISTOL, OR REPLACING SUCH PIN FOR A LEGITIMATE SPORTING PURPOSE.
   36    S  5.  The  penal law is amended by adding two new sections 265.38 and
   37  265.39 to read as follows:
   38  S 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
   39    IT SHALL BE UNLAWFUL:
   40    1. FOR ANY DEALER IN FIREARMS LICENSED UNDER SECTION  400.00  OF  THIS
   41  CHAPTER,  TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER A
   42  SEMIAUTOMATIC PISTOL MANUFACTURED ON OR AFTER JANUARY FIRST,  TWO  THOU-
   43  SAND  FIFTEEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS SUCH
   44  PISTOL IS MICROSTAMP-READY; OR
   45    2. FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO  BE
   46  DELIVERED  TO  ANY PERSON IN THIS STATE, A SEMIAUTOMATIC PISTOL MANUFAC-
   47  TURED AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, UNLESS THE MANUFACTURER
   48  CERTIFIES TO SUCH PERSON AT THE TIME OF  SUCH  DELIVERY,  IN  ACCORDANCE
   49  WITH  RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE,
   50  THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND  REGULATIONS  SHALL
   51  INCLUDE  A  REQUIREMENT THAT, AS PART OF THE CERTIFICATION, THE MANUFAC-
   52  TURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL.
   53    A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
   54  PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
   55  SALE DEALER OR A  MANUFACTURER,  WHO  VIOLATES  ANY  PROVISION  OF  THIS
       A. 3244                             3
    1  SECTION   AFTER  HAVING  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  ANY
    2  PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
    3  S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.
    4    IN  ANY  PROSECUTION  UNDER  SUBDIVISION ONE OF SECTION 265.38 OF THIS
    5  ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER  IN  FIREARMS,  AT
    6  THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
    7  OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
    8    1.  A  CERTIFICATION  FROM  THE  MANUFACTURER OF SUCH PISTOL DELIVERED
    9  PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
   10  PISTOL IS MICROSTAMP-READY; OR
   11    2. AN EXACT COPY OF SUCH  CERTIFICATION  OBTAINED  BY  THE  DEALER  IN
   12  FIREARMS  FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND
   13  REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
   14    THE DIVISION OF STATE POLICE SHALL PROMULGATE  RULES  AND  REGULATIONS
   15  GOVERNING  PROCEDURES  AND  STANDARDS FOR EXACT COPIES OF CERTIFICATIONS
   16  AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
   17  TURER FOR PURPOSES OF THIS SECTION.
   18    S 6. Subdivision 5 of section 265.15 of the penal law, as  amended  by
   19  chapter 695 of the laws of 1987, is amended to read as follows:
   20    5.  The  possession  by  any person of a defaced machine-gun, firearm,
   21  rifle or shotgun is presumptive evidence that such  person  defaced  the
   22  same,  PROVIDED,  HOWEVER,  THAT  THIS  SUBDIVISION  SHALL  NOT APPLY TO
   23  POSSESSION OF  A  SEMIAUTOMATIC  PISTOL  WHERE  THE  DEFACEMENT  ALLEGED
   24  CONSISTS  OF  DEFACING  A  MICROSTAMPING  COMPONENT OR MECHANISM OF SUCH
   25  PISTOL.
   26    S 7. This act shall take effect January 1, 2015, or at such time  that
   27  the  superintendent of the state police has received written notice from
   28  one or more microstamp job shops that such shop or shops are willing and
   29  prepared to produce microstamp structures on two internal surfaces of  a
   30  semiautomatic pistol in accordance with subdivision 24 of section 265.00
   31  of  the  penal law for a price of twelve dollars or less at a production
   32  level of one thousand semiautomatic pistols per batch, whichever  occurs
   33  later;  provided  that  the  division  of  state police shall notify the
   34  legislative bill drafting commission upon the occurrence of the  receipt
   35  of  the  written  notice  provided for in this section in order that the
   36  commission may maintain an accurate and timely effective  data  base  of
   37  the official text of the laws of the state of New York in furtherance of
   38  effectuating  the  provisions  of  this  act, and provided further, that
   39  effective immediately the  superintendent  of  the  state  police  shall
   40  promulgate  rules  and  regulations  necessary for the implementation of
   41  this act.