STATE OF NEW YORK
________________________________________________________________________
4116
2021-2022 Regular Sessions
IN SENATE
February 2, 2021
___________
Introduced by Sens. HOYLMAN, KAPLAN -- read twice and ordered printed,
and when printed to be committed 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. Section 265.00 of the penal law is amended by adding two
2 new subdivisions 32 and 33 to read as follows:
3 32. "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 one location on each
6 expended cartridge case that identifies the make, model, and serial
7 number of the pistol.
8 33. "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 § 2. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02762-02-1
S. 4116 2
1 does not include (1) modifying a semiautomatic pistol to render it
2 microstamp-ready or (2) replacing the firing pin of a semiautomatic
3 pistol that is microstamp-ready when such pin is damaged or in need of
4 replacement for the safe use of such pistol, or replacing such pin for a
5 legitimate sporting purpose.
6 § 3. The penal law is amended by adding two new sections 265.38 and
7 265.39 to read as follows:
8 § 265.38 Microstamping of semiautomatic pistols; penalties.
9 It shall be unlawful:
10 1. for any dealer in firearms licensed under section 400.00 of this
11 chapter, to sell, offer for sale, exchange, give, transfer or deliver a
12 semiautomatic pistol manufactured on or after January first, two thou-
13 sand twenty-three to any person other than a dealer in firearms, unless
14 such pistol is microstamp-ready; or
15 2. for any manufacturer or wholesale dealer to deliver or cause to be
16 delivered to any person in this state, a semiautomatic pistol manufac-
17 tured after January first, two thousand twenty-three, unless the
18 manufacturer certifies to such person at the time of such delivery, in
19 accordance with rules and regulations promulgated by the division of
20 state police, that such pistol is microstamp-ready. Such rules and regu-
21 lations shall include a requirement that, as part of the certification,
22 the manufacturer shall provide the make, model and serial number of the
23 pistol.
24 A violation of any provision of this section is a class B misdemeanor;
25 provided, however, that a person, including a dealer in firearms, whole-
26 sale dealer or a manufacturer, who violates any provision of this
27 section after having previously been convicted of violating any
28 provision of this section is guilty of a class A misdemeanor.
29 § 265.39 Microstamping of semiautomatic pistols; affirmative defense.
30 In any prosecution under subdivision one of section 265.38 of this
31 article, it is an affirmative defense that the dealer in firearms, at
32 the time of sale, offer for sale, exchange, giving, transfer or delivery
33 of the semiautomatic pistol, was in possession of:
34 1. a certification from the manufacturer of such pistol delivered
35 pursuant to subdivision two of section 265.38 of this article, that such
36 pistol is microstamp-ready; or
37 2. an exact copy of such certification obtained by the dealer in
38 firearms from such manufacturer in accordance with applicable rules and
39 regulations promulgated by the division of state police.
40 The division of state police shall promulgate rules and regulations
41 governing procedures and standards for exact copies of certifications
42 and the obtaining of such copies by a dealer in firearms from a manufac-
43 turer for purposes of this section.
44 § 4. Subdivision 5 of section 265.15 of the penal law, as amended by
45 chapter 695 of the laws of 1987, is amended to read as follows:
46 5. The possession by any person of a defaced machine-gun, firearm,
47 rifle or shotgun is presumptive evidence that such person defaced the
48 same; provided, however, that this subdivision shall not apply to
49 possession of a semiautomatic pistol where the defacement alleged
50 consists of defacing a microstamping component or mechanism of such
51 pistol.
52 § 5. This act shall take effect January 1, 2023.