Increase the types of firearms that are to be included in the firearm ballistic identification database

Section 2 makes the effective date of the act the sixtieth day after it becomes law.

Existing law

Current law only requires that pistols and revolvers be included in the ballistics fingerprint database.

Justification

Every gun leaves behind a unique pattern or distinctive fingerprint which is imparted onto any bullet or casing discharged from the weapon. When a gun crime is perpetrated using a gun purchased in New York state, these unique ballistics patterns can be used to track down and identify the owner of the weapon and increase the chances of law enforcement authorities being led to the shooter when property preserved and stored in the state's ballistics fingerprint database. Although New York is one of only two states to require the maintenance of a statewide ballistics fingerprint database, current law only mandates that the database include shell casing data for recently manufactured pistols and revolvers, not for assault weapons, rifles or other long-barreled weapons. This omission leaves a major void in the ballistics data base and, consequently, in the ability of law enforcement ability to track down and apprehend perpetrators who use either assault weapons, rifles or other long-barreled weapons in the commission of their crimes. Had the 2002 Washington, D.C. sniper attacks occurred in New York, local authorities would have been powerless under current law to identify the weapon or its owner, in spite of the existence of New York's statewide ballistics database. The heinous acts of the DC area sniper, plus the fact that rifles and shotguns are fast becoming criminal weapons of choice, all underscore the need for New York's current ballistics data base law to become mote expansive and inclusive in the types of firearms that it covers. Because of the unfortunate reality of the accessibility of various deadly firearms and their frequent involvement in the commission of violent criminal acts, it would be a gross and glaring oversight not to amend the current law to require the inclusion of as many of these different types of deadly firearms as possible into the state's ballistics finger-print database. Ammunition is often the sole evidence left behind at a crime scene which links directly to the perpetrator; if law enforcement continues to be deprived of the available technology and means to harness and use this evidence, the safety of all our communities will continue to be compromised. There are countless firearms currently being purchased in our state and nation every day, and law enforcement authorities must be equipped to track down these weapons in the event they are used in the commission of a crime. By expanding New York's ballistic fingerprinting law to include assault weapons, rifles and other long-barreled weapons, the Legislature will be implementing a much-needed and effective measure to close a glaring and dangerous loophole. It is incumbent upon the Legislature and the Governor to give law enforcement the best tools possible to continue the fight against crime and terrorism. LEGISLATIVE HISTORY : 05/02/07 Referred to Codes 01/09/08 Referred to Codes

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.