Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition

Summary of specific provisions

Section 1 contains the short title of the act, the "Crime Gun Identifi- cation Act of 2010."

Section 2 of the bill contains the Legislative Findings and intent.

Section 3 of the bill adds two new subdivisions 24 and 25 to section 265.00 of the penal law to define the terms "microstamp-ready" and "microstamping component or mechanism."

Section 4 of the bill amends subdivision 6 of section 265.10 of the penal law to clarify that the existing class D felony offense of defac- ing a firearm includes the defacement of a micros tamping component or mechanism of a semiautomatic pistol. This section also creates a new class A misdemeanor offense when a dealer in firearms sells, offers for sale, exchanges, gives, transfers or delivers a semiautomatic pistol knowing that the micros tamping component or mechanism of such pistol has been defaced. Section 6 expressly excludes from defacing a semiauto- matic pistol (1) modifications made to such pistol to render it micros- tamp-ready, or (2) replacing a firing pin of a micro-stamp ready semiau- tomatic pistol when the pin is damaged or in need of replacement for the safe use of the pistol, or replacing such pin for a legitimate sporting purpose.

Section 5 of the bill adds two new sections 265.38 and 265.39 to the penal law. Section 265.38 would prohibit (1) the sale, offer for sale, exchange, giving, transfer or delivery of a semiautomatic pistol manu- factured after January 1, 2011 by a dealer in firearms to any person other than a dealer in firearms, unless such pistol is micro-stamp ready and (2") any manufacturer or wholesale dealer from delivering a semiau- tomatic pistol manufactured after January 1, 2012 to any person in this state, unless the pistol is certified by the manufacturer as micro-stamp ready in accordance with rules and regulations promulgated' by the divi- sion of state police. A violation of Section 265.38 is a class B misde- meanor; a second or subsequent violation of any of these provisions is a class A misdemeanor. Section 265.39 provides dealers in firearms charged under subdivision 2 of section 265.38 with an affirmative

defense. The affirmative defense is available to those dealers who, at the time of the sale, offer for sale, exchange, giving, transfer or delivery of a semi-automatic pistol manufactured after January 1, 2012, are in possession of the manufacturer's certification that such pistol is microstamp-ready, or an exact copy of such certification.

Section 6 of the bill amends subdivision 5 of section 265.16 of the penal law to make the presumption that applies to possession of defaced guns inapplicable to semi-automatic pistols where the sole defacement consists of defacing a micros tamping component or mechanism of such pistol.

Section 7 of the bill contains the effective date.

Justification

Microstamping technology utilizes lasers to make precise, microscopic engravings on the internal mechanisms of a gun, such as the breech face and firing pin. As the gun is fired, information identifying the make, model and serial number of the gun can be stamped onto the cartridge as numbers and letters. The technology is designed to aid law enforcement officials investigating homicides and other crimes by allowing them to trace firearms through cartridge cases found at crime scenes.

Microstamping represents a significant advancement over existing ballis- tic identification technology. Because the technology of microstamping stamps the identifying characteristics of a firearm onto every cartridge ejected from the gun, investigators need only recover the cartridges at a crime scene to be able to identify the actual crime gun. Current ballistics identification technology is much more limited. While it can be used to compare ballistic evidence recovered at crime scenes, it cannot lead investigators directly to a specific firearm that produced the ballistic fingerprint, unless that firearm is recovered.

On October 13, 2007, California Governor Arnold Schwarzenegger signed into law the "Crime Gun Identification Act of 2007, mandating manufac- turer "microstamping" of all new models of semiautomatic handgun models sold in California starting in 2010. Numerous other states are also considering microstamping legislation.

Prior legislative history

2008: A.9819-A Passed Assembly

Fiscal implications

This legislation will not impose new costs on the state of New York. No new database is required. The certification process contained in the bill is entirely industry based. Manufacturers will incur minimal costs to adopt the new technology.

Effective date

The act would take effect January 1, 2012, or at such time that the division of state police receive written notice from a microstamp job shop that such shop can produce microstamp structures on two internal

surfaces of a semiautomatic pistol for a price of twelve dollars or less at a production level of one thousand semiautomatic,pistols per batch. The division of state police is authorized to promulgate necessary rules and regulations upon passage of the act.